Scubaplex Terms & Conditions
Scubaplex Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS AND CONDITIONS FOR USE OF THE SITE.
Scubaplex (“Scubaplex”, “we”, “us” or “our”) is a marketplace and an online platform that allows users to offer, buy and sell scuba-diving related services with a range of pricing formats and locations (collectively, the “Services”) and the Services are made available at www.scubaplex.com and any other websites through which Scubaplex makes the Services available (collectively, the “Site”) and as an application for mobile devices (the “Application”).
By using the Site or Application in any manner, you (the “User” or “you”) agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), including the additional terms and conditions and policies referred to and/or made available via hyperlink, whether or not you become a registered user of the Services.
THE SITE, APPLICATION AND SERVICES COMPRISE A MARKETPLACE AND ONLINE PLATFORM THROUGH WHICH VENDORS MAY CREATE LISTINGS (AS DEFINED BELOW) FOR EVENTS (AS DEFINED BELOW) AND MEMBERS MAY LEARN ABOUT AND BOOK EVENTS DIRECTLY WITH THE VENDORS. SCUBAPLEX DOES NOT OWN OR SELL THE EVENTS ITEMS LISTED ON THE SITE, APPLICATION AND SERVICES AND THE ACTUAL CONTRACT IS DIRECTLY BETWEEN THE VENDORS AND BUYERS. YOU UNDERSTAND AND AGREE THAT SCUBAPLEX IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN VENDORS AND BUYERS, NOR IS SCUBAPLEX AN AGENT OR INSURER FOR ANY PARTY. SCUBAPLEX HAS NO CONTROL OVER THE CONDUCT OF VENDORS, BUYERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY EVENTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Certain areas of the Site and Application and your access to or use of certain aspects of the Services or Collective Content (as defined below) may have additional terms and conditions posted by Vendors or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted by Vendors for a specific area of the Site, Application, Services, or Collective Content, these Terms will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Scubaplex reserves the right, at its sole discretion, to modify the Site, Application or Services and/or to modify these Terms, including the Scubaplex Fees (as defined below), at any time and without prior notice. If and when the Terms are modified, we will post the modification on the Site, via the Application or provide you with notice of the modification. We will also update the “Last Updated Date” together with the modified Terms. By continuing to access or use the Site, Application or Services after we have posted the modified Terms on the Site or via the Application or have provided you with notice of such modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for use or access by persons who are 18 or older. Use of or access to the Site, Application or Services by anyone below 18 is expressly prohibited. By using or accessing the Site, Application or Services, you represent and warrant that you are 18 or older.
“Account” means your Scubaplex account that you either must create in order to access certain features of the Site and Application or will automatically be created for you when you book an Event;
“Balance Fees” means the Event Fees minus the Booking Fees which are payable by the Buyer directly to the Vendor after arrival to an Event;
“Booking Fees” means the percentage of the Event Fees that a Buyer will have to pay (Scubaplex) to secure booking of an Event through the Site, Application or Services, which is payable at least [ two weeks ] before the date of the Event, to secure such booking;
“Business Profile” means the visible business profile of a Vendor made available on the Site, Application and Services;
“Buyer” means an existing Member or other interested party who confirms a booking with a Vendor of an Event by concluding payment of Booking Fees via the Site, Application of Services;
“Collective Content” means Member Content and Scubaplex Content;
“Content” means text, graphics, images, audio, video, information or other materials;
“Course” means a diving-related course, organized, managed or conducted by a Vendor, as more fully specified in the Events Listing;
"Dive Shop" means a physical dive shop or dive centre;
“Event” means a Course or Trip;
“Event Fee” means the total amount that is due and payable by a Buyer to a Vendor in exchange for that Buyer’s participation in a Course, or Trip, and includes the Booking Fee. All Event Fees are pre-determined by the Vendors and once listed cannot be changed, unless agreed to by both Scubaplex and Vendor;
“Event Listing” means Events listed by Vendors as available for booking by Members via the Site, Application or Services;
"Liveaboard" means a physical sea worthy vessel present at sea which includes but is not limited to accommodation;
“Member” means a person who completes and creates an Account, and includes but is not limited to, Vendors and Buyers;
“Member Content” means all Content that a Member posts, publishes, uploads, transmits or submits to be made available through the Site, Application or Services;
“Scubaplex Content” means all Content that Scubaplex makes available through the Site, Application or Services, including any content licensed from a third party, but excluding Member Content;
“Scubaplex Fees” means the fee that Scubaplex charges a Vendor for the use of its online platform, which is calculated as a percentage of the applicable Event Fee. Unless otherwise specified, the amount due as Scubaplex Fees are the same as the Booking Fees that Scubaplex collects from Buyers to secure booking of Events for Vendors;
“Trip" means a diving-related trip organized, managed or conducted by a Vendor, and includes a Liveaboard trip, as more fully specified in the Event Listing;
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, accommodation or lodging taxes, fees (such as marine park fees) that Vendors may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
“Unverified Vendor” means a Vendor who has not been verified as per the Vendor Verification Policy;
“Vendor” means a Member who creates a Business Profile and Vendor Listing, from which Events may be offered, via the Site, Application or Services;
"Vendor Listing" means the compulsory minimal listing of a Vendor on the Site or Application either as a Dive Shop or Liveaboard whereby each is a representation of a place of business or a place from where diving related activities are carried out;
“Vendor Verification Policy” means Vendor Verification Policy;
“Verified Images” means
“Verified Vendor” means a Vendor who has completed the Vendor verification processes as outlined in the Vendor Verification Policy;
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the Event Listing and booking of Events. Such Event Listings are made available on the Site, Application and Services by Vendors. You may view Event Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to create an Event Listing, you must first register to create an Account with Scubaplex and become a Member.
As stated above, Scubaplex makes available an online platform or marketplace with related technology for Buyers and Vendors to meet online and arrange for bookings of Events directly with each other. Scubaplex is not an owner, operator or provider of properties, including but not limited to, hotel rooms, motel rooms, liveaboard vessels, other lodgings or accommodations, nor is it a course manager, organizer or a travel agent. Scubaplex does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, liveaboard vessels, other lodgings or accommodations or provide transportation or travel services.
Unless explicitly specified otherwise in the Scubaplex platform, Scubaplex’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) serving as the limited payment collection agent of each Vendor for the purpose of accepting payments of Booking Fees from Buyers on behalf of the Vendor.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE VENDORS AND BUYERS CONNECTING AND BOOKING EVENTS DIRECTLY WITH EACH OTHER. SCUBAPLEX CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EVENT. SCUBAPLEX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL VENDOR OR EVENT LISTINGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE BUYER’S OWN RISK.
As a Vendor, you may create Event Listings. All Event Listings on the Site, Application or Services must be available for booking. Event Listings will be made publicly available via the Site, Application and Services. Members and the general public will be able to book your Events via the Site, Application and Services based upon the information provided in your Event Listing.
Vendor Policies and Event Listings
All Vendors are urged to outline their respective shop policies in their Event Listings, over and above the Business Profile and Vendor Listing. These policies may include, for example, safety, transportation and age limits. Vendors must create reasonable policies in good faith and must abide by such policies. All policies must comply with Scubaplex's site-wide policies. Vendors are responsible for enforcing their own reasonable shop policies. Scubaplex reserves the right to request that a Vendor modify a shop policy.
Notwithstanding each Vendors’ shop policies, to create an Event Listing, Vendors will be asked a variety of questions about the Events to be listed, including, but not limited to, the location, capacity, duration, features, and availability of the Event and pricing. In order to be featured in Event Listings via the Site, Application and Services, all Events, other than Liveaboard, must have valid physical addresses. Liveaboards must also state the points of departure and arrival.
Event Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Events via the Site, Application and Services based upon the information provided in your Event Listing. You understand and agree that once a Buyer confirms a booking of an Event by payment of the Booking Fees, you may not request the Buyer to pay a higher price for the Event, nor request for additional advance payment.
When you create an Event Listing, you may also choose to include certain requirements which must be met by the Buyers, including, but not limited to, requiring Buyers to have valid certifications. Any Buyer wishing to book Events included in the Event Listings with such requirements must meet these requirements at the time of the Event. More information on how to set such requirements is available via the “Events” section of the Site, Application and Services.
While Scubaplex may provide pricing, payment, and other forms of guidance on the Site, Application or Services, such guidance is solely informational and Vendors may choose not to follow it. Scubaplex does not vet and therefore has no control over the quality, safety, morality or legality of any aspect of the Events listed, the truth or accuracy of the Events Listings, the ability of Vendors to provide such Course or Trip, or the ability of Buyers to pay for the Events. Scubaplex cannot and does not guarantee that a Buyer or Vendor will actually complete a transaction.
You acknowledge and agree that you are responsible for any and all Event Listings you post. Accordingly, you represent and warrant that any Event Listing you post and the booking of, or a Buyer’s participation in an Event Listing you post (a) will not breach any agreements you have entered into with any third parties, and (b) will (i) be in compliance with all applicable laws and rules and (including having all required permits, licenses and registrations), and (ii) not conflict with the rights of third parties.
Please note that Scubaplex assumes no responsibility for a Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Scubaplex reserves the right, at any time and without prior notice, to remove or disable access to any Event Listing for any reason, including Event Listings that Scubaplex, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or, or otherwise harmful to the Site, Application or Services.
Bookings Terms for Vendors
Vendors understand and agree that once a Buyer confirms a booking of an Event, you may not under any circumstances request the Buyer to pay higher Event Fees, nor request for additional advance payment unless you are a Verified Vendor.
Vendors are responsible for accurately listing their Events including the Event Fees, and Buyers are responsible for reading the Events Listing before making a booking.
The Vendor is obligated to follow through with the participation of the Buyer for the Event booked, unless there are exceptional circumstances, such as the Buyer fails to meet the terms of the Vendor’s Event Listing. The Buyer is obligated to promptly pay the Balance Fees to the Vendor for the Events participated.
The Vendors understand and agree that the listing of Events on the Site or Application does not preclude the listing of the same Event at the Vendors own websites or other third party sites and applications. However, Vendors agree and undertake that the Event Listing on the Site or Application shall be on terms and pricing comparable with those on their own websites or any third part sites used.
The price stated for each Event listed must be an accurate representation of the sale price. Vendors may not alter the Event price after a sale for the purpose of avoiding Scubaplex Fees, misrepresent the Event’s location, or use another Member’s Account without permission.
Joining and setting up Vendor and Event Listing on Scubaplex is currently free of charge. Nevertheless, in consideration for the use of Scubaplex’s online marketplace and platform, Scubaplex charges Vendors the Scubaplex Fees, which is calculated as a percentage of the applicable Event Fees, and therefore only payable upon a successful booking of an Event by a Buyer. Unless otherwise specified, the amount due as Scubaplex Fees are the same as the Booking Fees (itself calculated as a percentage of the applicable Event Fees) that Scubaplex collects from Buyers to secure booking of Events for Vendors.
For more details on the Scubaplex Fees, please read the Scubaplex Fees Policy.
The Scubaplex Fees – and for the avoidance of doubt, the monies paid to Scubaplex as Booking Fees - are non-refundable by Scubaplex to any party. For Cancellations and Refunds, see below.
Scubaplex however reserves the right to charge fees for the creation of Event Listings or other services, and will provide notice of any such fees via the site, Application or Services prior to implementing the same.
Bookings and Payment Terms for Buyers
The Booking Fees, Event Fees as well as the Balance Fees payable will be displayed to a Buyer before the Buyer confirms the booking and initiates payment to Scubaplex to secure the Event. The Buyer shall pay the Balance Fees directly to the Vendor after arrival to the Event. In all circumstances the amount stipulated (and paid) as the Booking Fees form part of the Event Fees.
Bookings of Events by way of payment of the Booking Fees to Scubaplex made via the Site, Applications or Services have the following effect:
- Automatic confirmation of participation of the Buyer in the Vendor’s Event booked;
- Booking Fees paid are non-refundable.
In the event that a Buyer fails to meet any specific pre requisites as maybe stated by the Vendor in an Event Listing the Vendor reserves the right to refuse execution of the Event, under which circumstances the Buyer is not entitled to a refund.
The Vendors, not Scubaplex, are solely responsible for honouring any confirmed bookings and making available any Event booked through the Site, Application and Services. If you, as a Buyer, choose to enter into a transaction with a Vendor for the booking of an Event, you agree and understand that you will be required to enter into an agreement with the Vendor and you agree to accept any additional terms, conditions, rules and restrictions associated with such Event imposed by the Vendor. You acknowledge and agree that you, and not Scubaplex, will be responsible for performing the obligations of any such agreements, that Scubaplex is not a party to such agreements, Scubaplex disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Scubaplex is not a party to the agreement between you and the Vendor, Scubaplex acts as the Vendor’s payment collection agent for the limited purpose of accepting Booking Fees from you on behalf of the Vendor.
Cancellations and Refunds
Buyers and Vendors understand and agree that the Booking Fees paid by Buyers to secure participation in Events also form Scubaplex’s Fees, which are wholly earned at the point bookings are made, being consideration for Vendors’ use of Scubaplex’s online marketplace and platform. Scubaplex Fees are therefore not refundable by Scubaplex in event of cancellation by either Buyer or Vendor.
Where a Vendor cancels an Event, the Vendor must refund the entire Event Fees to the Buyer, including the amount paid to Scubaplex as Booking Fees.
In the event a Buyer cancel's his or her participation of an Event or does not show up at the Event, all monies paid, including the Booking Fee is non-refundable.
Appointment of Scubaplex as Limited Payment Collection Agent for Vendor
Each Vendor hereby appoints Scubaplex as the Vendor’s limited payment collection agent solely for the purpose of accepting the Booking Fees and/or Event Fees from Buyers.
Each Vendor agrees that payment made by a Buyer through Scubaplex shall be considered the same as a payment made directly to the Vendor, and the Vendor will make the Event available to the Buyer in the agreed-upon manner as if the Vendor has received the Booking Fees directly from the Buyer.
Each Vendor understands that as Scubaplex accepts payments from Buyers as the Vendor’s limited payment collection agent, Scubaplex’s obligation to pay the Vendor is subject to and conditional upon Scubaplex’s successfully receiving the payments from Buyers. Scubaplex does not guarantee payments to Vendors for amounts that have not been successfully received from Buyers. In accepting appointment as the limited authorized agent of the Vendor, Scubaplex assumes no liability for any acts or omissions of the Vendor.
If you are a Vendor, you understand and agree that Scubaplex does not act as an insurer or as your contracting agent. If a Buyer confirms a booking of your Event and participates in the same, any agreement you enter into with such Buyer is between you and the Buyer and Scubaplex is not a party to such agreement. Notwithstanding the foregoing, Scubaplex serves as the limited authorized payment collection agent of the Vendor for the purpose of accepting, on behalf of the Vendor, payments from Buyers of such amounts stipulated by the Vendor as Booking Fee.
Scubaplex recommends that Vendors obtain appropriate insurance for their Events, and are advised to review any insurance policy for Events carefully, and in particular to ascertain familiarity with and understanding of any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not the insurance policy will cover the actions or inactions of Buyers while participating in the Events.
Scubaplex may give Vendors the option of having photographs of their Vendor or Event Listing taken by photographers. If a Vendor chooses to have a photographer take such photographs, the photographs taken will be made available to the Vendor for inclusion in its Vendor or Event Listing with a tag or watermark bearing the words “Scubaplex.com Verified Photo” or the like (“Verified Images”). All materials, images and any content created by the Scubaplex photographers constitute Scubaplex Content whether or not you include them in your Vendor or Event Listing.
Scubaplex is available internationally and thus will have Users and Members from all over the world. As such we may provide tools to help both all parties, such as translation services and currency converters.
To assist Users who may speak different languages, we may translate listings and other Member and/or Scubaplex content. The availability and/or accuracy of any translation from such services however is not guaranteed and Scubaplex disclaims liability in respect of any translation provided.
We may, in our sole discretion, permit you to post, upload, publish or transmit Member Content onto the Site or Application. When providing us with Member Content or posting Member Content using the Site, Application or Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in theMember Content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sublicensees or assignees.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application or Services. By posting, submitting, uploading and publishing the same, you represent and warrant that: a) you are either the sole and exclusive owner of all such Member Content, or that you have obtained all the rights, licenses, consents and releases that are necessary to grant Scubaplex the rights in such Member Content as envisioned under these Terms; and b) neither i) the Member Content; ii) your submission, uploading, posting and publication of the Member Content, or iii) Scubaplex’s use of the Member Content (or any part thereof) on, through or by means of the Site, Application or Services will i) infringe or violate any third party rights, including any trademarks, copyright, moral rights, trade secrets, patents; ii) breach any rights of privacy or publicity; or iii) violate any other applicable laws or regulations.
Scubaplex does not endorse any Member or any Event. You understand that Verified Images are intended only to indicate a photographic representation of the Event at the time the photograph was taken. Verified Images are therefore not an endorsement by Scubaplex of any Member or any Event. Members are required by these Terms to provide accurate information, and although Scubaplex may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Vendor being a “Verified Vendor” only indicate that the Vendor has completed a relevant verification process Vendor Verification Policy, and does not represent or warrant anything else. Any such description does not constitute an endorsement, certification or guarantee by Scubaplex about any Vendor, including of the Vendor’s identity, trustworthiness, safety or suitability . Instead, any such description is intended only to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. It is therefore recommend that you always exercise due diligence and care when deciding whether to participate in an Event by a Vendor, or to have any other interaction with any other Member.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Scubaplex with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Event Listings made by you. This limitation shall not apply to any claim by a Vendor against Scubaplex regarding the remittance of payments received from a Buyer by Scubaplex on behalf of a Vendor, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
General Use of Scubaplex
While using or accessing the Site, Application or Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using the Site, Application or Services;
- fail to pay for items purchased by you, unless the Vendor has materially changed the Event’s description after booking, a clear typographical error is made, or you cannot contact the Vendor);
- as a Vendor, submit any Vendor or Event Listing with false or misleading price and general information, or submit any Event Listing with a price or itinerary that you do not intend to honour;
- as a Vendor, fail to execute an Event booked, , unless the Buyer fails to follow the posted terms, or you cannot contact the Buyer;
- manipulate the price of any item or interfere with other user's listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- transfer your Scubaplex Account and user ID to another party without our consent;
- impersonate any Member or User, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Scubaplex, or the interests or property of Scubaplex Users;
- use any robot, spider, scraper or other automated means to access our Site, Application or Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Site, Application or Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- copy, modify, or distribute Scubaplex's copyrights and trademarks;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display Scubaplex’s Content without the prior express written permission of Scubaplex and the appropriate third party, as applicable;
- commercialize any Scubaplex application or any information or software associated with such application; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
We may cancel unconfirmed Accounts or Accounts that have been inactive for a long time or modify or discontinue our Services.
Without limiting other remedies, we may, limit, suspend, or terminate our Site, Application or Services and Accounts , restrict or prohibit access to, and your activities on, our Site, Application or Services, delay or remove Member’s Content, remove any special status associated with any Account, reduce or eliminate any discounts (if any), and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the Scubaplex community or reduce our or another Scubaplex User’s exposure to financial liabilities;
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this Terms of Service or our policies;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to pay us all fees due for our Services by your payment due date.
When a Buyer or Vendor issue arises we may consider the Member’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both Buyers and Vendors.
You agree to release indemnify and hold Scubaplex and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees, made by any third party due to or arising out of or in any way connected with:
- your access to or Use of the Site, Application, Services or Collective Content or your violation of these Terms;
- your Member Content; and
- interaction with any Member;
- booking of an Event; or
- creation of a vendor or event Listing;
These Terms constitute the entire and exclusive agreement and understanding between Scubaplex and you regarding the Site, Application, Services, Collective Content, any Vendor Listing or Event Listing and bookings of Events made via the Site, Application or Services. These Terms supersede and replace any and all prior oral or written understanding, terms or agreements between Scubaplex and you regarding the Site, Application, Services, Collective Content, Vendor Listing, Event Listing and bookings thereof.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms shall remain in full force and effect.
We try to keep our Site, Application and Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Site, Application or Services.
By choosing to use the Site, Application, Services or Collective Content, you agree and understand that you do so at your own risk. You acknowledge and agree that Scubaplex does not have an obligation to conduct background checks on any Member or User, including, but not limited to, Buyers and Vendors, but may choose to conduct such background checks in its sole discretion. You understand and agree that the Site, Application, Services and Collective Content are provided “AS IS”, without warranty of any kind, either express or implied.
Without limiting the foregoing, Scubaplex expressly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Scubaplex makes no warranty that the Site, Application, Services, Collective Content, including, but not limited to, the Vendors or any Events listed will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Scubaplex makes no warranty regarding the quality of any Vendors, Events, the Services or Collective Content or the accuracy, truthfulness, completeness, timeliness or reliability of any Collective Content obtained through the Site, Application or Services.
No advice or information, whether oral or written, obtained from Scubaplex or through the Site, Application, Services or Collective Content, will create any warranty unless expressly specified herein.
You bear the sole responsibility for all of your interactions and communications with other Users of the Site, Application or Services and with other persons with whom you interact or communicate as a result of your use of the Site, Application or Services, including, but not limited to, any Vendors or Buyers. You understand that Scubaplex does not make any attempt to verify the statements of Users of the Site, Application or Services or to visit or review any Dive Shop, Liveaboard, Course or Trip. Notwithstanding Scubaplex’s appointment as the limited payment collection agent of the Vendors for the purpose of accepting payment of Booking Fees from Buyers on behalf of the Vendors, Scubaplex expressly disclaims all liability for any act or omission of any Buyer or other third party.
Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your Vendor and Event Listings or booking of such Events via the Site, Application and Services, and any contact you have with other Users whether in person or online remains entirely with you.
In addition, to the extent permitted by applicable law, Scubaplex (including our subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Scubaplex responsible, for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms resulting directly or indirectly from:
- the use of or inability to use the Site, Application, Services or Collective Content,
- any communications, interactions or meetings with other Users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, Services,
- your listing or booking of any Event via the Site, Application and Services;
whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Scubaplex has been informed of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Except to the limited extent provided for in these Terms between Vendors and Scubaplex, you and Scubaplex are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms.
You may not assign or transfer these Terms, by operation of law or otherwise, without Scubaplex’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Scubaplex may assign or transfer these Terms, at its sole discretion, without restriction. Subject as aforementioned, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Scubaplex either via email to the address that you provide or by posting onto the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Choice of Law
These Terms will be interpreted and construed in accordance with the laws of Malaysia.