COMMUNICATION CONFIRMATION AND ACKNOWLEDGEMENT
OZDIVE

Utilise electronic methods of communication such as email and SMS for all our dive course, trips, and travel adventures. Please ensure you always provide up to date information regarding your email and phone number to us, to ensure we can provide you with all vital information pertaining to your course, dive trip or dive travel which may include reminders, meeting times, course times and cancellations or reschedules.

In agreeing to our Terms and Conditions, you are acknowledging that you will supply OZDIVE with all up-to-date contact details, including phone number and email and that you will check your email inbox and phone and respond promptly if we have requested such.

You are also acknowledging that due to the very nature of our business, our instructors are often underwater or with a student, and therefore cannot always respond immediately. You understand that they will respond as promptly as possible.

CONDUCT WHILST ON OUR VESSEL

You agree and will always follow the direction of OZDIVE PTY LTD staff to ensure a safe and smooth operation. You will listen to all briefings and seek advice if you do not understand any part of the brief.

PERSONAL BELONGINGS

You are aware that the vessel used for diving is a ‘wet boat’ and smaller vessel. Any personal belongings that are brought onto the vessel are at your risk. You are aware that items such as cameras, mobile phones may get water damaged and should be left ashore.

BOOKING CONFIRMATION

To make a booking, full payment at the time of booking must be made

At the time of making a payment you agree to these terms and conditions, and you have until close of business the following day to cancel without penalty after reviewing these terms and conditions.

CUSTOMER CANCELLATION AND REBOOKING POLICY

Dive booking cancellations by you must be made via email to hello@ozdive.com to be considered as received (click here to contact us).

Failure to notify OZDIVE Pty Ltd of dive booking cancellations will forfeit all monies paid.

Up to 48 hours prior to the dive trip, you can cancel and receive a full refund or reschedule free of charge your dive booking

NO REFUND of any payment (100% penalty) is available for cancellations within 48 hours of your scheduled dive booking however we will provide you with a dive booking credit of the same value to your original booking which must be utilised within a 8 week period.

No expense or cost reimbursements are available as a result of a cancelled dive booking. OZDIVE Pty Ltd will not be responsible for paying costs or expenses you may incur because of change of time or cancellation of a dive trip.

NO SHOWS

Failure to turn up for your dive at the time stipulated by OZDIVE PTY LTD incurs a 100% cancellation fee. NO REFUNDS provided, NO DIVE BOOKING RESCHEDULE provided and, NO DIVE BOOKING CREDIT provided. All monies paid are forfeited because of failure to turn up for your dive at the time stipulated by OZDIVE PTY LTD.

SEASICKNESS AND EQUALIZATION

Some divers may find themselves exposed to seasickness and equalization issues. In the event you find yourself dealing with seasickness or being unable to equalize, our staff will do everything within their power to ensure you are comfortable and safe. However, sea sickness and equalisation issues are not within our control, and as such we will not refund for inability to equalize or being seasick and/or not completing any of your dives.

PAYMENTS & REFUNDS

Your credit card is charged at time of booking unless specified otherwise

Any additional costs such as changes to your booking, damaged hire gear will be automatically charged to the credit card used for the initial booking.

Refunds are made to the credit card used for the booking, a nominated bank account or a credit note can be issued.

DIVER MEDICAL FORM

You hereby agree to fill out the Diver Medical Participant Questionnaire.

Recreational scuba diving and freediving requires good physical and mental health. There are a few medical conditions which can be hazardous while diving. Those who have, or are predisposed to, any of these conditions, should be evaluated by a physician. A Diver Medical Participant Questionnaire provides a basis to determine if you should seek out that evaluation. If you have any concerns about your diving fitness not represented on this form, consult with your physician before diving. If you are feeling ill, avoid diving. If you think you may have a contagious disease, protect yourself and others by not participating in dive training and/or dive activities. References to “diving” on this form encompass both recreational scuba diving and freediving. This form is principally designed as an initial medical screen for new divers but is also appropriate for divers taking continuing education. For your safety, and that of others who may dive with you, please answer all questions honestly.

You may be required to also complete a valid 4005.1 AS Dive Medical or obtain a doctor’s clearance prior to your dive if you answer “YES” to any of the following questions:

You are taking medication

You are suffering from an injury/illness that affects your ability to dive

These will be required if you have been prescribed a medication or have been diagnosed since your last dive medical.

DIVE EQUIPMENT TERMS AND CONDITIONS

You allow us to charge your credit card for any lost or damaged equipment.

Tanks being hired are to be checked to ensure they have a fill pressure of at least 200 Bar.

No refund will be issued for any dives not completed, including unused air.

You acknowledge that OZDIVE PTY LTD will not take any responsibility for any damages or loss incurred when washing your gear or unloading your gear from our vessel.

FLYING AFTER DIVING

You will not fly within 24 hours from surfacing after your last dive. You hereby acknowledge your understanding that decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure.

YOU HAVE NOT DIVED IN THE LAST 18 MONTHS

You will be required to complete either a Scuba Review/Refresher Course or a Reactivate Course before you can participate in any diving activities. We will be able to arrange these courses for you on most days at set times. Please contact us for more information.

DIVE SPECIFICS

Guides are provided. Group sizes are approximately 6-8 per guide.

It is highly recommended that all divers wear gloves to avoid any cuts and abrasions. Gloves are available for purchase in the shop

Our Skipper and the OZDIVE Pty Ltd Crew reserve the right to change the location of the dive site based off the sea and weather conditions without any notice

You must supply proof of your certification details

If you have booked a night dive, you must carry two white light torches. If you are booked on for a Fluoro Dive, your UV light does not count toward this requirement.

DIVE TRIPS & ITINERIES

You understand and hereby acknowledge that while OZDIVE Pty Ltd may nominate a dive site, they are in no way guaranteed. If we cannot go to the dive site due to dive or weather conditions, then the skipper will nominate the next best suitable spot. You are acknowledging your understanding that our dive site selection is confirmed on the day due to weather and dive conditions and as such, no refund provided if we dive an alternative dive sites to the dive site originally planned.

WAIVER

You must complete an online waiver prior to your scheduled dive booking. It is available to complete here: https://web.wherewolf.co.nz/xj46fs

DIVE GUIDES

OZDIVE will provide Divemaster Services on all our dive trips. You are acknowledging that these dive trips are generally self-guided however a Divemaster will be present, and you understand that our Divemaster will not be present to provide any refresher course / service – they are present to assist in guiding purposes only. You are expected to be a certified, confident diver that is capable to dive and navigate independently with a buddy and follow a briefed dive plan. You are expected to read, understand and agree to the STANDARD SAFE DIVING PRACTICES – STATEMENT OF DIVER UNDERSTANDING which is below.

STANDARD SAFE DIVING PRACTICES – STATEMENT OF DIVER UNDERSTANDING

Please read carefully. Every customer agrees to the provision of the agreement below by default when completing their dive booking online (even without signature).

This is a statement in which you are informed of the established safe diving practices for skin and scuba diving. These practices have been compiled for your review and acknowledgement and are intended to increase your comfort and safety in diving. Your signature on this statement is required as proof that you are aware of these safe diving practices. Read and discuss the statement prior to signing it. If you are a minor, this form must also be signed by a parent or guardian.

I, understand that as a diver I should:

Maintain good mental and physical fitness for diving. Avoid being under the influence of alcohol or dangerous drugs when diving. Keep proficient in diving skills, striving to increase them through continuing education and reviewing them in controlled conditions after a period of diving inactivity, and refer to my course materials to stay current and refresh myself on important information.

Be familiar with my dive sites. If not, obtain a formal diving orientation from a knowledgeable, local source. If diving conditions are worse than those in which I am experienced, postpone diving or select an alternate site with better conditions. Engage only in diving activities consistent with my training and experience. Do not engage in cave or technical diving unless specifically trained to do so.

Use complete, well-maintained, reliable equipment with which I am familiar; and inspect it for correct fit and function prior to each dive. Have a buoyancy control device, low-pressure buoyancy control inflation system, submersible pressure gauge and alternate air source and dive planning/monitoring device (dive computer, RDP/dive tables—whichever you are trained to use) when scuba diving. Deny use of my equipment to uncertified divers.

Listen carefully to dive briefings and directions and respect the advice of those supervising my diving activities. Recognize that additional training is recommended for participation in specialty diving activities, in other geographic areas and after periods of inactivity that exceed six months.

Adhere to the buddy system throughout every dive. Plan dives – including communications, procedures for reuniting in case of separation and emergency procedures – with my buddy.

Be proficient in dive planning (dive computer or dive table use). Make all dives no decompression dives and allow a margin of safety. Have a means to monitor depth and time underwater. Limit maximum depth to my level of training and experience. Ascend at a rate of not more than 18 metres/60 feet per minute. Be a SAFE diver – Slowly Ascend From Every dive. Make a safety stop as an added precaution, usually at 5 metres/15 feet for three minutes or longer.

Maintain proper buoyancy. Adjust weighting at the surface for neutral buoyancy with no air in my buoyancy control device. Maintain neutral buoyancy while underwater. Be buoyant for surface swimming and resting. Have weights clear for easy removal and establish buoyancy when in distress while diving. Carry at least one surface signalling device (such as signal tube, whistle, mirror).

Breathe properly for diving. Never breath-hold or skip-breathe when breathing compressed air and avoid excessive hyperventilation when breath-hold diving. Avoid overexertion while in and underwater and dive within my limitations.

Use a boat, float, or other surface support station, whenever feasible.

Know and obey local dive laws and regulations, including fish and game and dive flag laws.

I understand the importance and purposes of these established practices. I recognize they are for my own safety and well-being, and that failure to adhere to them can place me in jeopardy when diving.

(End of Agreement)

BOAT TRAVEL AND SCUBA DIVING –STATEMENT OF DIVER UNDERSTANDING

Please read carefully. Every customer agrees to the provision of the agreement below by default when completing their dive booking online (even without signature).

Non-Agency Disclosure and Acknowledgment Agreement

I understand and agree that PADI Members (“Members”), including OZDIVE Pty Ltd and/or any individual PADI Instructors and Divemaster’s associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of OZDIVE Pty Ltd and/or the instructors and divemasters associated with the activity.

Liability Release and Assumption of Risk Agreement

I, hereby affirm that I am a certified scuba diver or a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly understand the hazards of scuba diving including those hazards occurring during boat travel to and from the dive site (hereinafter collectively referred to as “Excursion”).

I understand that these inherent risks include, but are not limited to, drowning, air expansion injuries, decompression sickness, embolism, or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a boat trip and scuba dive(s), whether conducted as a certified diver or a student diver in a diving class.

I understand and agree that neither the dive professional(s); nor the crew or owner of the vessel; nor the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in this Excursion, or as a result of the negligence of any party, including the Released Parties, whether passive or active.

I affirm I am in good mental and physical fitness to scuba dive. I further state that I am not under the influence of alcohol or any drugs that are contradicted to diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during this Excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dive allowing for my diving experience and limitations, and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the dive professional(s)/vessel crew. I affirm it is my responsibility to inspect all of my equipment prior to the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.

I further state that I am of lawful age and legally competent to sign this Agreement, or that I have obtained the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be stopped from claiming otherwise because of my representations to the Released Parties.

I, BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.

(END OF AGREEMENT)

EQUIPMENT RENTAL AGREEMENT

Please read carefully. Every customer agrees to the provision of the agreement below by default when completing their dive booking online (even without signature).

THIS AGREEMENT is entered into between OZDIVE Pty Ltd and the renter, for the rental of scuba and/or skin-diving equipment. This AGREEMENT is a release of my rights and the rights of my heirs, assigns or beneficiaries to sue for injuries or death resulting from the rental and/or use of this equipment. I personally assume all risks of skin and/or scuba diving, whether foreseen or unforeseen, related in any way to the rental and/or use of this equipment.

Non-Agency Disclosure and Acknowledgment Agreement

I understand and agree that PADI Members (“Members”), including OZDIVE Pty Ltd and/or any individual PADI Instructors and Divemasters associated with the program in which I am participating, are licensed to use various PADI Trademarks and to conduct PADI training, but are not agents, employees or franchisees of PADI Americas, Inc, or its parent, subsidiary and affiliated corporations (“PADI”). I further understand that Member business activities are independent, and are neither owned nor operated by PADI, and that while PADI establishes the standards for PADI diver training programs, it is not responsible for, nor does it have the right to control, the operation of the Members’ business activities and the day-to-day conduct of PADI programs and supervision of divers by the Members or their associated staff. I further understand and agree on behalf of myself, my heirs and my estate that in the event of an injury or death during this activity, neither I nor my estate shall seek to hold PADI liable for the actions, inactions or negligence of OZDIVE Pty Ltd and/ or the instructors and divemasters associated with the activity.

Liability Release and Assumption of Risk Agreement

I understand and agree that OZDIVE Pty Ltd, and its employees, owners, officers, contractor, assigns or agents (hereinafter referred to as “Released Parties”), shall not be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns which may occur as a result of the rental and/or use of the equipment, or as a result of product defect, or the negligence of any party, including the Released Parties, whether passive or active.

I hereby acknowledge receipt of the equipment designated in this form, and, if any of this equipment is to be used for scuba diving I affirm I am a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor.

I affirm it is my responsibility to inspect all of the equipment and acknowledge it is in good working condition. I affirm that it is my responsibility to check both the quality and quantity of gas in any scuba tanks. I acknowledge that I should not dive if the equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect the equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.

I understand that skin diving and scuba diving are physically strenuous activities, that I will be exerting myself during these activities, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I agree to reimburse the Dive Center/Resort for the loss or breakage of any and all equipment at the current replacement value and to also pay for damages incurred while transporting the equipment. I agree to return the equipment in clean condition and to pay a cleaning fee if not returned cleaned.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, and beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.

I, BY THIS INSTRUMENT AGREE TO EXEMPT AND RELEASE THE RELEASED PARTIES AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH AS A RESULT OF RENTING AND/OR USING THE EQUIPMENT, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.

(End Of Agreement)

GENERAL TERMS AND CONDITIONS

This website is operated by OZDIVE PTY LTD. These terms and conditions apply to the use of the OZDIVE.com website. Throughout the website, the terms “we”, “us” and “our” refer to OZDIVE PTY LTD while, “You” and “Your” refers to you, the customer, visitor, website user or person (any) using our website.

These terms and conditions specifically apply to all OZDIVE Pty Ltd information, tools, products and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and/ or purchasing something from us, you agree to be bound by the following terms and conditions outlined here, as well as additional terms and conditions and policies referenced herein and/or available by hyperlink.

By accepting from OZDIVE PTY LTD delivery of the scuba equipment, other products and/or services and support described on that invoice you agree to be bound by and accepts these terms and conditions.

OZDIVE Pty Ltd reserve the right to change, modify, add, or remove sections of these terms and conditions at any time, without formal notice. It is your responsibility to ensure you are up to date and you are responsible for reading and understanding our Terms and Conditions.

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Your use of our website and by using tour website, you expressly accept all terms and conditions contained herein in full. You must not use our website, if you have any objection to any of these Terms and Conditions.

GENERAL CONDITIONS

We reserve the right to refuse anyone for any reason at any time from visiting our website and/ or purchasing a product or service from us. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit, use or sell any portion of our website, services, products or information, or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

INTELLECTUAL PROPERTY

Other than content you own, which you may have opted to include on our website, under these Terms and Conditions, OZDIVE PTY LTD and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for purposes of viewing the material contained on this Website.

MARKETING

Any photos taken or video footage taken by OZDIVE Pty Ltd remains the property of OZDIVE Pty Ltd and may be utilised for promotion purposes.

RESTRICTIONS

You are expressly and emphatically restricted from all of the following:

publishing any of our website material in any media (unless agreed in writing);

selling, sublicensing and/or otherwise commercialising any of our website material;

publicly performing and/or showing any our website material;

using our website in any way that is, or may be, damaging to our website;

using our website in any way that impacts user access to our website;

using our website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to our website, or to any person or business entity;

engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our website, or while using our website;

using our website to engage in any advertising or marketing;

COVID-19

All OZDIVE customers are required to fill out our COVID-19 specific questionnaire prior to diving with OZDIVE Pty Ltd. If you answer YES to any of the questions, your dive trip booking cannot proceed and please visit your physician to get tested for coronavirus (COVID-19).

If you answered NO to all the above questions and are feeling in good health, you can proceed with your dive booking which may be either a recreational dive or a training dive as part of your PADI Course.

(Please note: If you develop symptoms, stay at home, and seek further advice from the 24-hour coronavirus hotline 1800 675 398 or your general practitioner.)

THIRD PARTY WEBSITES

This website provides links to other websites. OZDIVE PTY LTD has no direct control over linked website content or changes to their content. These links are for Your convenience only and do not signify that OZDIVE PTY LTD endorse or undertake any responsibility for the content of or any transactions that You enter relating to those linked sites. Use of third-party websites is entirely at Your own risk.

When we link to external websites and any applications they use (such as Twitter, Facebook, LinkedIn and YouTube) we aren’t endorsing or recommending any related material, products or services. You are responsible for being aware of the organisation hosting websites you visit.

Third party material that we include on this site, does not necessarily reflect our views.

SOCIAL MEDIA

We build our social media networks and communities through linkages in social media tools.

When you use the linkages in social media tools, you are using an external site, so you are bound by their terms and conditions of use. We encourage you to review their legal policies for further information.

OZDIVE PTY LTD does not endorse, and is not accountable for, any views of third parties using social media. The views expressed by contributors to OZDIVE PTY LTD social media pages are those of the individual sender. OZDIVE PTY LTD accepts no responsibility for the accuracy or completeness of views or information posted.

We disclaim all liability resulting from any views or any information posted. We recommend you seek appropriate independent professional advice before entering into any commitment based on these views. You should not rely on these views.

Links from our social media to other sites are not endorsed by OZDIVE PTY LTD. We are not accountable for content on linked sites or your access to those sites via the links.

YOUR PRIVACY

OZDIVE PTY LTD follow the Australian Privacy Principles (APPs) under the Privacy Act 1988. This regulates how we collect, use and disclose your personal information and we use the information we collect about you to maximise the products and services we provide to you. Please read our separate Privacy Policy.

DISCLOSE YOUR INFORMATION

Generally, we only use or disclose personal information about you for the purpose as stated above, in good faith or in some circumstances, the law may permit or require us to use or disclose personal information for other purposes (for instance where you would reasonably expect us to, and the purpose is related to the purpose of collection).

COPYRIGHT TERMS OF USE

Except as permitted by the copyright law applicable to you, you may not reproduce or communicate any of the content on this website, including files downloadable from this website, without the permission of the copyright owner.

The Australian Copyright Act allows certain uses of content from the internet without the copyright owner’s permission.

DISCLAIMER OF WARRANTIES

Our website is provided “as is,” with all faults, and OZDIVE PTY LTD disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Additionally, nothing contained on our website shall be construed as providing consult or advice to you. You agree that from time to time we may remove the website, it’s products, services and information for indefinite periods of time or cancel at any time, without notice to you.

You expressly agree that it is solely your responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. Your use of, or inability to use, our website, is at your sole risk.

LIMITATION OF LIABILITY

OZDIVE PTY LTD make every effort to provide accurate and up-to-date material and information on our website, however OZDIVE Pty Ltd does not guarantee, and accepts no legal liability, for the accuracy, reliability, currency or completeness of any material and information on our website.

You agree and accept that OZDIVE PTY LTD, will not be liable for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, you might suffer related to your use of our website or reliance on any information on our website or from omissions in our documents or information, an any goods or services we may offer or from any other use of the website. By entering and using this website, you release OZDIVE Pty Ltd, represented by ozdive.com, from all liability for claims, losses, expenses, damages, and costs you incur as a result of relying on the information on this website, or any products or services that may be offered through it.

Your use of our website, including acting on information provided herein (including third party content, links, comments or advertisements) via this website, is done at your sole risk.

This includes liability relating to you taking on all risks of using the site, including risks to your computer, software or data. OZDIVE PTY LTD does not warrant our servers or electronic communications sent from OZDIVE PTY LTD are free from viruses or any other harmful components nor will we be liable for any damages arising as a result of using OZDIVE PTY LTD services.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify to the fullest extent OZDIVE PTY LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions, or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by OZDIVE PTY LTD on this website constitutes the entire agreement and understanding between you and us and govern your use of our website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions our Terms and Conditions

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW & JURISDICTION

These Terms and Conditions, this website and any separate agreements shall be governed by and construed in accordance with the laws of Queensland and Australia. If there is a dispute between you and OZDIVE PTY LTD that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.