Terms of Use

1. Acceptance of Terms of Use

Welcome to www.divemode.com Divemode Pty Ltd owns and operates this Website.  By accessing this Website and any products or services provided through the Website, you agree to be bound by these Terms of Use, and any additional terms applicable.  Divemode makes no guarantee that information on the Website is accurate and your use of the information we provide is at your own risk. If you have any concerns, please let us know. You agree that you will not hold Divemode liable for any inaccurate, incomplete, outdated or missing information on the Website.  If you do not agree to these Terms of Use, please refrain from accessing the Website and using any of the products or services through the Website.

2. Definitions

Whenever used in these terms of use and on this website:

“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

3. Amendments

We reserve the right to amend these Terms of Use, from time to time, with or without notice to you or to any other person.  Any amended Terms of Use become binding immediately they are published on the Website.

4. Permitted Uses

As a condition of your use of the Website, you agree that:

-You are at least 18 years of age

-Your use of the Website will at all times comply with the Terms of Use

5. Your conduct on our Website

All interactions on the Divemode Website must be lawful and must comply with these Terms of Use.

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

You agree not to engage in any of the following activities that are prohibited on the Divemode Website and violate these Terms of Use:

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;

– promotes or encourages violence;

– is inaccurate, false or misleading in any way;

– is illegal or promotes any illegal activities;

– contains “masked” profanity (e.g., [email protected]&#);

– 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).

7. Promotions/Deals/Vouchers

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.

8. Fees

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.

10. Licence

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

Divemode Pty Ltd are the exclusive owners of all content, software, graphics, designs and all copyrights, trademarks, framework used to provide content and other intellectual property or proprietary rights contained on or used in connection with the Website.  You agree not to modify, distribute, copy, transmit, perform, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, products or services obtained from or through the Website.  You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Website.  You will not upload, publish or otherwise make available on the Divemode Website any material protected by copyright without the express permission of the owner of the copyright.  You will be solely liable for any damage resulting from any infringement of copyrights.  By submitting material to any area of the Divemode Website, you warrant that the owner of such material has granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part).  You also grant Divemode the right to edit, copy, publish and distribute any material that you make available on the Divemode Website.  All rights not granted under these Terms of Use are reserved by Divemode.

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

Our Website may contain hyperlinks to other websites not owned or maintained by us.  These links are provided solely as a convenience to you and not because we endorse the contents of such websites.  Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk.  We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer.  We are not responsible for the practices or the content of other websites, so please ensure you read the terms of use and privacy policy of such other websites or services.

13. Disclaimer

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

In no event shall Divemode, its subsidiaries, affiliates nor any of their respective employees, merchants, partners, third party content providers or licensors, or any of their officers, directors, employees or business partners, be liable for an indirect, incidental, special, consequential or punitive damages arising out of or related to your use of the Website, the content, statements and other information contained therein, the products or services accessible or available through the Divemode Website or these terms of use.

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.

15. Indemnity

Divemode cannot be held responsible if you disregard the Terms of Use.  You agree to defend, indemnify and hold harmless Divemode, its officers, directors, employees and business partners, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your content, (iii) your use of materials or features available on the Website or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

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.

17. Severability

We consider our Terms of Use to exist as individual parts of a larger whole.  If any part of these Terms of Use are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.  This means that even if one part of the Terms is judged unsound, the rest still apply.

18. Waiver: Remedies

Failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use.  Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

19. Complaints

Please direct complaints about content on our Website to [email protected]

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.

20. Contact

If you have any questions or comments about our Terms of Use, please contact us at [email protected]

(Updated as at 8th June 2017)