Godive - your dive app

TERMS AND CONDITIONS

SERVICE TERMS


Welcome to the Terms of Service for the GoDive website and any associated services. This is an agreement ("Agreement") between GoDive, GoDive owner and operator (the "Site"), GoDive software ("Software") and any services provided by GoDive and you named "Service Provider" named such as Dive Center and or Self-employed ("Dive Center", "Professional" or "Collaborator (s)"), and 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, photos, photos, comments, drawings, data, or videos will be referred to as "Content" throughout this Agreement by using our Site, Service or any Software, you agree to these Terms of Service and the Privacy Policy. We may change our Terms of Service or Privacy Policy and we may notify you when we do so.


If you do not agree to the Terms of Service or the Privacy Policy, stop using our Software, Site and Service immediately. The users / collaborators of our Service must be 18 years old and above and must be properly active dive professionals. If you are under 18, stop using our Site and Service immediately.


GoDive has developed the Site and an online booking system (the "Online Booking System") that allows individuals to browse, compare and book ("Book") diving services directly with a service provider (the "Dive center" or "Professional"), including dives or dive packages, guided tours, diving safaris, courses, rooms and equipment rentals (the "Services").


By browsing, accessing and using the Site and Online Booking System and / or the "Dive Center / Professional Management System", you acknowledge and agree that you have read, understood and agreed to these terms and conditions.


The Parties agree as follows:



SCOPE OF SERVICES


GoDive acts only as an intermediary between you "Dive Center / Professional" and the user 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 will constitute of a direct contract between you Dive Center / Professional and the user, in accordance with the terms and conditions established in the Booking, including, but not limited to - fees, costs, taxes, and any cancellation fee.


GoDive does not charge for the use of the Site, the Online Booking System and Management System. The information displayed on the Site is based on information entered into GoDive by the Dive Center / Professional (the "Service Provider Information"). The Dive Center / Professional declares that the Dive Center / Professional Information is accurate, current and in no way misleading.


GoDive does not endorse any of the Dive Center / Professional and makes no representations regarding accessibility, quality, safety or suitability of service providers, or the ability to deliver services. The order in which the information is displayed on the Site does not constitute an endorsement of any Dive Center / Professional by GoDive. GoDive can use an automatic sorting process, which will be based on fair and objective criterion. GoDive will ask customers to comment on all aspects of the Services and to post such comments on the Site.



PRICES


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 Dive Center / Professional (Service Provider) remains committed to ensuring the values ​​in GoDive equal to those practiced on its website and store (s), on penalty of breach of contract.



AVAILABILITY


For services quantified in days, the Service Provider agrees to provide these services in strict accordance with the dates specified in the reservation.



PAYMENT METHOD


All fees, costs, taxes and charges, in respect of 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 authorize the user's credit card. GoDive receives all the value of the user and passes to the Dive Center / Professional the amount already with the retention of the GoDive commission. The transfer will be made 5 days after the confirmation of the execution of the service, in favor of the user, for Dive Center / Professional, transfer this done through the management system of GoDive, in US dollars, in the Paypal account of the Dive Center / Professional.


It is mandatory for the Dive Center / Professional to open a paypal account to receive the GoDive values.



COMMISSION


GoDive charges a percentage of 18% (eighteen percent) of each Dive Center / Professional product and / or service on sales through our platform. There will be no commission (and the respective charge) in case there is no sale of products / services through GoDive by the Dive Center / Professional.



CANCELLATION


The Service Provider will clearly define your cancellation policy in the Terms of Service Provider. The Service Provider will not charge a cancellation fee as long as the reservation is canceled during the cancellation period without charge, as set forth in the Terms of Service Provider. If the Dive Center / Professional cancels the service without such cancellation being properly framed in any of the "Special Circumstances", this cancellation will be subject to a chargeback of US$ 1.00 (one US dollar) per ticket / seat sold through GoDive's system of payment.



SPECIAL CIRCUMSTANCES


Dive Center / Professional reserves the right to cancel or may suggest the provision of Services on an alternative date if weather conditions make it unsafe to provide the 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 the Services as a result of acts of severe abnormal conditions of nature, such as volcanic eruptions, tornadoes, tsunamis, floods, natural disasters, fires, in addition to actual acts of war or disturbances, the Dive Center / Professional will use commercially reasonable efforts to inform Customer of Service Provider without delay and will reimburse the Customer for the Service, without deduction of the 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 rentals. The Dive Center / Professional is not responsible for costs such as airfare or any other costs that are not directly and expressly related or stated or acquired through the GoDive to the provision of Services.



RESPONSIBILITY


By using the GoDive system, you agree to follow all the safety measures proposed by the Dive Center / Professional. The Dive Center / Professional is obliged to provide the Medical Declaration, Declaration, and Declaration forms, as well as the information provided by the certifiers and the regulatory agencies of the sector and INFORM THE USER ABOUT LOCAL LAWS IF THERE IS EXEMPT, IN THE DESCRIPTION OF THE SERVICE / PRODUCT AS AT THE PURCHASE ACT. of Civil Liability or Assumption of Risk is independent of local laws. Failure to comply with these requirements may result in your immediate suspension from using the GoDive Management System and all services and may lead to a fee being charged.



PROMOTIONS


GoDive may issue promotion codes applicable to Qualified Services. Instructions on how to redeem promotional codes may vary and will be set out in the applicable terms. GoDive reserves the right to modify or cancel promotional codes at any time. Discounts are only applicable to services reserved through any of GoDive's websites.



LEGAL NOTICE


GoDive makes no warranty, express or implied, or statutory, regarding the Site, the Online Booking System, the Dive Center / Professional Information, the Dive Center / Professional Terms, the Services or in any other way . In no event shall GoDive, or its affiliates, directors, employees, agents or contractors (the "Representatives") be liable for any cost, loss, damage or injury (including, but not limited to, damages, personal injury or death, and any direct or indirect damages) and including without limitation the generality of the foregoing, cost, loss, damage or injury related to:

• harmful virus or components in the software on the Site, interruption, delay or inability to use the Site or the System
• Implicit warranties and conditions of merchantability, fitness for a particular purpose and non-infringement
• Inaccurate, incomplete, unreliable or misleading information of the service provider; or
• any act or omission by the Service Provider or its officers, agents, employees or contractors, including, but not limited to, any and all claims relating to the Service Provider's Reserve or Services.



INTELLECTUAL PROPERTY


GoDive is the exclusive owner of all the rights, titles and interests in for all intellectual property in relation to the Site and the Online Booking System. By posting criticisms or comments, you grant GoDive the non-exclusive right to use, reproduce, and change your criticisms or comments at GoDive's sole discretion and for the purpose of informing prospective customers. You agree that GoDive may decide to remove your comments or comments from the Site in its sole discretion, such as in the event that you feel that your criticisms or comments are unnecessary, unreasonable, or even offensive.



LEGAL STATUS AND APPLICABLE LEGISLATION


GoDive is a duly incorporated company in accordance to the US law. These Terms of Service shall be construed in accordance to the US law.






PRIVACY POLICY

INTRODUCTION


Welcome to GoDive ("Site") and, if applicable, choosing to use our Service or our Software. We tried to make our Privacy Policy easy to understand for you to be informed about how we use your information. This Privacy Policy, as well as our Terms of Service, is an integral part of the use of our Service; therefore, you must fully agree with our Privacy Policy to use our Site or Service. You must be over 18 years old to use our Site, Service or Software.



NON-IDENTIFYING INFORMATION


Whenever you Dive Center / Professional uses our Site or Service, we may collect non-personally identifiable information from you, such as your IP address, interactions with the Site and Service, query information, location, referral URL, browser, operating system, cookies, 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 enhance the experiences of our users.
• To provide our service to you.
• To send you newsletters and correspondence.
• To contact you and answer questions.
• Anonymously use behavioral and statistical data for internal and marketing purposes. In addition, we may provide your information to law enforcement if required by a court order, if there is a violation of any US law, EU law, or if there is any violation of the Terms of Service or Privacy Policy.



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.



ACCESS BY THIRD PARTIES TO YOUR INFORMATION


While you are entering into an agreement with GoDive to disclose your information, we use outsourced people and organizations to help us, including contractors, web hosts, and others, such as Google Analytics.


Throughout the offering of our services, we may delegate our authority to collect, access, use and disclose your information. Therefore, you must grant to third parties that we may use in the course of our business the same rights as you provide us with this Privacy Policy. For this reason, you agree that for each authorization you give us in this Privacy Policy, you also grant to third parties that we may contract or otherwise maintain the services for the purpose of operation, maintenance and repair, or otherwise enhance or preserve our site or its underlying files or systems. You agree not to hold us responsible for the actions of any third party, even though there may be direct and / or indirect liability for your actions and that you should take legal action against them directly if they commit any wrongdoing or other error that you may claim and / or challenge against it.



APPLICATION OF THE LAW


You agree that we may disclose your information to the authorities if we are compelled by a court order. Furthermore, you agree that we may disclose your information if we reasonably believe that you have violated the law or the terms of our Terms and Conditions and / or our Privacy Policy, or if we believe that a third party is at risk of harm. In the event we receive a subpoena that affects your privacy, we may 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 request from a third party, if we have reason to believe that it is appropriate to do so for legal reasons, such as cases where we believe your publications violate any law that has jurisdiction over us, our Site, Services or our Terms and Conditions and / or Privacy Policy. You release us from any damages that may arise or relate to the disclosure of your information to a request from law enforcement agencies or 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 required.



THIRD PARTIES


GoDive may post links to third-party sites on our Site or Service, which may contain information we have no control over. By accessing a third party site through our Site or Service, you acknowledge that you are aware that such third parties sites are not displayed for privacy or security concerns by us, and you release us from any liability for the conduct of such third party sites. Please note that this Privacy Policy and any other policies in force, in addition to any changes, do not create rights enforceable by third parties. GoDive is not responsible for the information collected or used by any advertiser or third parties sites. You must review your Terms and Conditions and / or Privacy Policy to understand how your information collection practices work.



SECURITY MEASURES


We take reasonable steps to protect your information using SSL certificates and PCI / DSS compliant hosting. However, since this is the Internet, we can not make any guarantee as to the security or privacy of your information. For this reason, we recommend that you use an anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.



YOUR PRIVACY RIGHTS


Several provisions of our Privacy Policy address the requirements of the privacy statutes various national legislations. Although we do not disclose your information to third parties without permission, you should assume that we collect electronic information from all visitors. You can contact us at www.godiveapp.com with any questions.



CONFORMITY TO AGE


GoDive wants to fully comply with US and international laws on child 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 us any information.



TRANSFERENCE INTERNATIONAL


Your information may be transferred to - and maintained on - computers located outside your state, province, country or other governmental jurisdiction, where privacy laws may not be as protective as those of your jurisdiction. We may transfer personal information to another location and process it there. Your consent to this Privacy Policy, followed by your submission of such information, represents your agreement to such transfer.



TERMS OF USE


As in our Terms and Conditions, we may change this Privacy Policy from time to time. When we change this Privacy Policy, we will change the date stated in this Agreement or we may contact you. You must agree to the changes as a condition of continued use of our Site and Service. If you do not agree, you should immediately stop using our Site and Service.