“we”, “us” and “our” refers to Divemode Pty Ltd
“you” refers to i) the person visiting our website and ii) if you are accessing the website on behalf of your employment and/or company (then that employer/or company)
“Website” refers to www.divemode.com and all content in that domain and subdomains
“including” means including but not limited to
4. Permitted Uses
As a condition of your use of the Website, you agree that:
-You are at least 18 years of age
5. Your conduct on our Website
You represent and warrant that all information you supply to us is complete and accurate.
You agree not to upload, publish, email or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with our Website.
Divemode will make the sole determination as to whether content is acceptable for the Website. Because Divemode provides a platform for wide-ranging commentary by members of communities, please keep in mind that even if you disagree with or object to a comment or review, Divemode typically does not remove comments or reviews in response to requests from users. Divemode’s role is not to arbitrate disagreements between community members and businesses, or among community members.
By using the Website, you agree that you will not hold Divemode responsible or liable for any content from other users that you access on the Website.
6. Not permitted on our Website
Publish content on the Website that is:
– defamatory, abusive, obscene, profane or offensive;
– threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
– contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
– contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
Use Divemode or any of its resources to solicit Divemode customers and business partners to become users or partners of other online or offline services directly or indirectly competitive with Divemode;
Deep-linking to any portion of the Divemode Website;
Hyperlinking to the Divemode Website from any other website without our consent;
Acting illegally or maliciously against the business interests or reputation of Divemode and our business partners;
Trying to access data not intended for you, such as logging into a server or an account you do not have authorised access to; or
Infringe or violate another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website).
Divemode aggregates deals/vouchers and advertisements.
We endeavour to keep information updated on our site in a timely manner. We shall not be liable for any delays in the update of deals/vouchers advertised.
We do not represent, endorse or investigate the accuracy, legitimacy, validity or reliability of any products, services, vouchers, deals, offers or other promotions contained on, distributed through, links, downloads or accessed from our site.
Any information or hyperlink Divemode makes or gives about a third party business deal/voucher, its products, promotions, services or trademarks does not indicate, expressly or impliedly that Divemode endorses, sponsors or recommends that third party business deal/voucher, or of the quality of any service or product obtained from the third party business as a result of the deal/voucher advertisement.
We communicate deals/vouchers provided to us by third party businesses and have no control over, and make no representation about the accuracy of the deals/vouchers including their content (price and availability included), legality or copyright.
Using Divemode is generally free, but at times we do charge a fee for certain services. If the service you use incurs a fee, you’ll be able to review and accept terms that will be clearly disclosed at the time of purchase. Our fees are quoted in Australian Dollars, and we may change them from time to time. We’ll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new services.
Our fees are non-refundable, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
9. Availability of the Website
While we use reasonable efforts to keep the Website accessible, you acknowledge that there may be interruptions in service or events that are beyond our control. The Website may be unavailable from time to time for any reason including routine maintenance. Divemode retains the right at our sole discretion to deny service or access to the Website to anyone or an account, at any time and for any reason.
Divemode is built with the diving community in mind, by publishing statements or other information on or through the Website, you grant Divemode royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit and distribute your content, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you. You acknowledge that our use of your content may include licensing such content to third parties and/or using such content for advertising, marketing and promotional purposes. In no event shall we be required to seek your approval or provide you with any compensation in connection with such uses.
11. Ownership of the Website and Copyright
Most of the images on our Website are courtesy of all the free stock images site and are under the creative commons zero licence. We gratefully acknowledge the generosity of photographers who have made their images available.
Divemode reserves the right to terminate its agreement with you or any other user who infringes third party copyrights.
12. Other websites
By visiting this Website or using any of our services, you expressly agree and acknowledge that:
Use of the Website is at your sole risk. Neither Divemode, its subsidiaries, affiliates nor any of their respective employees, agents, merchants, third party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the site, or (ii) the accuracy, completeness, reliability or content of any information (including, but not limited to, product descriptions), service or products provided through the Website. The Website and all content, statements, and other information contained on the Website, and products and services accessible or available through the Website are made accessible or available on an “as is” and “as available” basis. Divemode hereby disclaims any and all representations, warranties and conditions, whether express or implied, as to the operation of the Website or the content, statements or other information contained on the Website, or the products or services accessible or available through the Website, including, but not limited to, those of title non infringement, merchantability, and fitness for a particular purpose;
We have not considered your needs or requirements in accessing our Website or any of our services and no warranty is extended or implied that any service or product is appropriate for your intended use or needs;
We assume no responsibility for your choice of product or service;
We accept no responsibility for any loss or damage, however caused (including through negligence), which you may suffer, directly or indirectly, in connection with your use of our Website.
14. Limited Liability
The content of our Website, and the services we deliver are provided “as is.” If you are considering making a decision based on information on this site which may cost you money, you are in the best position to guard against loss and damage and so you agree that you make such decisions entirely at your own risk.
Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option.
16. Governing Law
The Divemode Head Office is located in Queensland, Australia and this Agreement will be governed by and construed according to the law of Queensland and the parties consent to the exclusive jurisdiction of the State of Queensland in respect of any litigation that might arise in relation to our Website.
18. Waiver: Remedies
Various graphics, text and links are provided by third parties. If you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to us at [email protected] You should be aware that, under the Copyright Act 1968, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or block of the material, court costs, and legal fees.