TERMS AND CONDITIONS
Welcome to the service terms for the GoDive website and any associated services. This is an agreement ( "Agreement") between GoDive the owner and operator GoDive (the "Site"), the GoDive software ( "Software") and any services provided by GoDive or Service Provider represented in the GoDive ( "Service (s)") and you ( "you", "your" or "user (s)") a user of the Site, Software and Service. Throughout this Agreement, the words "GoDive", "us" and "our" refer to our company GoDive and our Site, Software or any Service, as appropriate in the context of the use of the words. Your ability to post or transmit any information to the Site and the Service, including but not limited to text, pictures, photos, comments, drawings, data or videos will be referred to as "content" throughout this Agreement.
The GoDive team developed the website and online booking system (the "Online Booking System") which allows individuals to browse, compare and book (the "Booking") diving services directly from a service provider (the "Service Provider"), including dives or dive packages, guided tours, diving safaris, courses, rooms and equipment rentals (the "Services"). By browsing, accessing and using the Site and using the Online Booking System, you acknowledge and agree that you have read, understood and agreed to these terms and conditions. The Parties agree as follows:
SCOPE OF THE SERVICE
GoDive acts solely as an intermediary between you and the Service Provider and through the Online Booking System, you can make a reservation directly with the Service Provider and: The reservation created through the Online Booking System shall constitute of a direct agreement between you and the Service Provider in accordance with the terms and conditions set forth in the Booking, including but not limited to costs, fees and taxes, and any cancellation or non- (the "Service Provider's Terms"). You are solely responsible for reading and understanding the Service Provider's Terms before making a Reservation.
GoDive does not charge for use of the Site or the Online Booking System.
The information displayed on the Site are based on the information entered in GoDive by Service Provider (the "Service Provider Information"). The Service Provider is responsible for the accurate information, current and not misleading in any way. GoDive does not guarantee that the information is reliable, accurate, complete or error-free. GoDive does not endorse any of the service providers and makes no representations regarding the accessibility, quality, safety or suitability of service providers, or the ability to deliver the services.
The order in which the information is displayed on the Site does not constitute an endorsement to any Service Provider. GoDive can use an automatic classification process, which will be based on objective and fair criteria.
The GoDive ask customers to comment on all aspects of the Services and may publish such comments on the Site.
Unless otherwise stated in the Service Provider's Terms, all fees and charges listed in the Online Booking System include the total cost of all services and charges related to the Services, including but not limited to all surcharges, taxes and charges. The company Carrier Services (Service Provider) remains the only appointment to ensure the values at GoDive equal those offered on your site and store(s) on penalty of focus in breach of contract.
The services shown on the Site are available for reservation and subject to confirmation within 48 hours after the conclusion of the reservation through the Online Booking System and: For services quantified in days, the Service Provider agrees to provide these services in strict accordance with the dates specified in the reservation.
All costs, fees and taxes related to the services are payable to GoDive in the currency indicated on the booking confirmation. Once a user makes a reservation using the Online Booking System, GoDive will pre-authorize the user's credit card. The user's credit card will be charged once confirmation from the service provider has been obtained.
If the user cancels the service, this cancellation will suffer the following onus, according to the specific circumstances:
a) - If the cancellation occurs until the 31 (thirty one) days before the scheduled trip, there will be no charge;
b) - If the cancellation occurs between 30 (thirty) days and 04 (four days) before the scheduled trip, a fee of US$ 5.00 (five US dollars) will be charged per user;
c) - If the cancellation is made within three (3) days prior to the scheduled trip, a fee of fifty percent (50%) of the amount of said trip will be charged.
d) - In case the user does not appear on the day / time of the scheduled trip, the cancellation fee will be in the total amount of the trip then scheduled.
The Service Provider reserves the right to cancel or may suggest the provision of Services on an alternative date if weather conditions make it unsafe to provide Services on a date specified in the booking confirmation. In this case, the Service Provider shall act in accordance with the applicable policy specified by the Diving Center. If the Service Provider is permanently unable to deliver Service, then, as a result of acts of serious abnormal conditions of nature, such as volcanic eruptions, tornadoes, tsunamis, floods, natural disasters, fires, and actual acts of war or disorders, Service Provider will use commercially reasonable efforts to inform the Service Provider's Customer without delay and will reimburse the Service Provider's Customer, without deduction, of any amounts charged by the Service Provider in payment for the Services. The scope of the costs to be paid or reimbursed to the Service Provider's Customer by the Service Provider is limited to costs directly related to the provision of Services in accordance with the reservation made through the Online Booking System including dives, guided tours, diving safaris, courses, rooms and equipment rental. The Service Provider is not responsible for costs such as airline tickets or any other costs that are not directly and specifically related / declared the provision of services.
When booking services through the Online Booking System, you agree that you have reviewed the standards and requirements of services provider, including, but not limited to, minimum requirements for scuba certification, diving insurance requirements, personal information that Your Service Provider requires you to provide and forms that Your Service Provider requires you to subscribe to, such as a Medical Statement, Disclaimer or Risk Assurance forms. You are responsible for understanding and complying with the requirements and we encourage you to inform the Service Provider about the requirements before making a reservation. Failure to comply with the requirements may result in your inability to use the Services desired and can entails the application of a cancellation fee later.
GoDive may issue promotion codes for qualified services. Instructions on how to redeem promotional codes may vary and will be will be defined under applicable. GoDive reserves the right to modify or cancel promotion codes at any time. Discounts are applicable only to services booked through any of the GoDive sites.
GoDive does not offer warranty, express or implied, or statutory, with respect to the Site, the Online Booking System, the Service Provider information, the Terms of Service Provider, the Services or any other form to. In any case GoDive, or its affiliated companies, directors, employees, agents or contractors (the "Representatives") shall be liable for any cost, loss, damage or injury (including without limitation, damages, personal injuries or death, and any direct or indirect damages ) and including, without limiting the generality of the foregoing, cost, loss, damage or injury related to:
viruses or harmful components in the software on the Site, interruption, delay or inability to use the Site or the Online
Booking System, and damage to computer equipment or other property;
implied warranties and conditions of merchantability, fitness for a specific purpose and no violation; indexed information, incomplete, unreliable or misleading the service provider; or
any act or omission of the Service Provider or its officers, agents, employees or contractors, including, but not limited to, any and all claims related to the Reserve or the Service Provider services.
FOR PERSONAL USE ONLY
You agree that you will not use the Site or the Online Booking System for any purpose other than personal and non-commercial use. You will not use the information for competitive use and will not copy, publish, display, download, reproduce, resell, or use in any way, any information, content, services, products, images or software on the Site without the consent in writing from GoDive. You will not make any speculative, false or fraudulent reservations using the Online Booking System or attempt to advertise any service by posting comments.
GoDive is the exclusive owner of all rights, title and interest in and to all intellectual property in relation to the Site and Online Reservation System. To post reviews or comments presented herein refer, you grant GoDive the non - exclusive right to use, reproduce and change your criticism or comments at the sole discretion of GoDive and in order to inform future customers. You agree that GoDive may decide to remove their criticism or comments Site at its discretion, as in the case of considering that their criticisms or comments are unnecessary, not motivational, or even offensive.
LEGAL STRUCTURE AND APPLICABLE LAW
The GoDive is a duly incorporated company according to the US law. These Terms of Service shall be construed in accordance to the US law.
Personally identifiable information submitted by you: You will not be required to provide us with any information when you visit our Site. However, the usage of our Service may collect information such as your name, address, e-mail.
Whenever you use our Site or Service, we may collect non-personally identifiable information from you, such as your IP address, Site and Service interactions, query information, location, referral URL, browser, operating system, cookie information, use, data transferred and Internet service provider. Without a subpoena, voluntary compliance by your Internet Service Provider, or additional records from a third party, such as your wireless service provider, this information by itself can not be used to identify you.
USE OF YOUR INFORMATION
We will never sell or transfer any personally identifiable information to third parties without your consent. However, you
agree that we may use your information:
To increase or improve the experiences of our users.
To provide our service for you.
To send you newsletters and correspondences.
To get in touch with you and answer possible questions.
Using behavioral data anonymously and statistical for internal and marketing purposes.
ACCESSING, EDITING AND REMOVING YOUR INFORMATION
You can access any information contained in your account through your profile. You can edit this information by removing or changing the information listed in your account. After canceling your account, please be aware that we may keep inaccessible copies of your information for a commercially reasonable period of time.
COOKIES AND TRACKING
ACCESS BY THIRD PARTIES TO YOUR INFORMATION
Although you are formulating an agreement with GoDive to disclose your information, we use people and outsourced organizations
to help us, including contractors, web hosts and others, like Google Analytics.
You agree that we may disclose your information to the authorities if we are compelled by a court order. Also, you agree
that we may disclose your information if we reasonably believe that you have violated the law or the conditions of
a subpoena that affect your privacy, we can choose to notify you to give you the opportunity to explain yourself
fundamentally. However, we are not required to do any of these actions. We may also disclose your information even
without receiving any third party application if we have reason to believe that it is appropriate to do so for legal
reasons, such as cases where we believe your publication violates any law having jurisdiction over us, our Site,
Services or our Terms of Service.
You release us of any damages that may arise or relate to the disclosure of your information to a request of law enforcement agencies and private litigants. We may disclose your information under the conditions listed in this paragraph, either to individuals or legal entities and to any State or national authorities as necessary.
COMMERCIAL AND NON-COMMERCIAL COMMUNICATIONS
If you decide to provide us your contact information, you give up all rights to file complaints related to e-mails from us, since you have agreed to this communication. However, you can notify GoDive that you do not wish to receive these requests.
GoDive may publish links to third party websites on our Site or Service, which may include information on which we have no
control. When you access a third party site through our Site or Services, you acknowledge that you are aware that
these third parties sites are not displayed for privacy or security issues for us, and you release us of any responsibility
for the conduct of these third parties sites.
We take reasonable steps to protect your information using SSL certificates and hosting compatible with PCI / DSS. However, as this is the Internet, we can make no guarantees about the security or privacy of your informations. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls and other precautions to protect against security and privacy threats.
YOUR PRIVACY RIGHTS
CONFORMITY TO AGE
GoDive fully complies with US and international laws on children's privacy. Therefore, we do not collect or process any information for anyone under the age of 18. If you are under 18 and use our Site or Service, stop immediately and do not send any information to us.