Terms of Service
(CANCELLATION POLICY BELOW)
This Website is operated by Waterworld Aquaventures Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Waterworld Aquaventures Ltd. Waterworld Aquaventures Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or making a booking / purchase via the site (online), booking widget, over the telephone, email or in-person, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available on our site. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our website is hosted on INTEGRATED SCUBA SYSTEMS and booking system is hosted on Regiondo GmbH. They provide us with the online and e-commerce platforms that allow us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, county, province or country of residence, or that you are the age of majority in your state, county, province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
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.
We are required to hold your personal details for a period of 7 years as required by PADI International Limited. We will at all times treat your details with respect and will not share them with any other company.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service 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.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to refund, return or exchange only according to our Right of Withdrawal.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per group or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Right of Withdrawal policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Waterworld Aquaventures Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Waterworld Aquaventures Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
DIVE EXPERIENCE, COURSES AND TRAINING
If you need to transfer/ reschedule/change/cancel any of your pre-booked activities once payment is completed we will do our best to assist you with your new request.
All amendments or cancellations of confirmed bookings should be emailed directly at the earliest opportunity to email@example.com. You will receive a response within 24-48 hours, if this is not received, please resend your email.
- If you cancel up to 15 days prior to commencement date of the dive experience/course/training, we will refund the dive experience / training / course fee less booking fee plus any associated course material and/or dive center resources)
- Where there is less than 15 days notice before the booked event, there will be no refund payable.
- No refund will be given for PADI and/or course/training digital products once issued and redeemed.
- Dive medicals are non-refundable. If you fail the dive medical, we will refund your course fee, less a booking fee plus any associated course material and/or dive center resources)
- Bookings made within 15 days of commencement date are non-refundable.
- Courses/training/dive experiences purchased on discount/special/offer not entitled to refunds.
- As per the Important information section of our online booking pages, in which we inform all potential customers that the start time for boat dives, dive experiences, and courses, will vary daily due to tide times and weather conditions and that we will notify you at the earliest viable opportunity by phone and/or email (whichever form of communication you provided to us during the booking process) should we need to update start time, including and up to the day prior to your booking. And if you do not receive an email from us less than 48 hours prior to the booking start time, to please call us at +353 66 713 9292 to confirm start time. If we do not get confirmation that you received our email/phone call notifying you of the required changes, and you do show up at the incorrect start time, without calling us to confirm your start time, we are not required to provide a refund. We can, however, reschedule your booking and/or provide dive center credit for a future Waterworld purchase.
- If you make your booking within 24 – 48 hours of the purchased boat dive/dive experience/course start time, please email us at firstname.lastname@example.org to confirm when you need to arrive, as the start time for boat dives, dive experiences, and courses, will vary daily due to tide times and weather conditions to ensure you have an enjoyable and safe experience here at Waterworld. If we do not receive contact from you or if we have reached out via your provided contact information and received no reply, should you arrive at the incorrect start time, we are not required to provide a refund. We can, however, reschedule your booking and/or provide dive center credit for a future Waterworld purchase.
TRANSFER / CHANGE OF DIVE AND/OR COURSE DATES made by you and/or participant (if booking made on behalf of someone else);
- Waterworld Aquaventures Ltd. reserves the right to charge an administration fee for any amendments, that are requested by the customer, to scheduled sessions on a booking. This fee may be charged in addition to a missed session fee at the discretion of Waterworld Aquaventures Ltd.
- Within 14 days of commencement date – €100 fee will apply plus any costs for materials/ resources pre-arranged and paid for by Waterworld Aquaventures Ltd. should the amendment dates fall outside of purchase validity dates.
- Once you have started the course, if you complete the course on different dates, not pre-confirmed with Waterworld Aquaventures Ltd. – €50 fee plus cost of any associated resources will apply per course day change.
- Cancellation during course – non-refundable
- Course dives postponed due to weather are non-refundable, alternate times / dates will be supplied, if alternative offered by us is not confirmed by you, and/or dive participant (if booking made on behalf of someone else) credit will be applied to a Gift Card provided by us.
- Boat dive payments are non-refundable, a store credit may be applied.
- Cancellations within 7 days, no credits will be applied.
- If you change dates, an administration fee will be charged.
- Boat dives altered and/or postponed due to tide times and/or weather are non-refundable, an alternative date will be supplied, and if not confirmed by you, a store credit may be applied.
- Your Gift Card once has been purchased can be used for scuba activity written on this Gift Card. The same Gift Card cannot be topped Up again.
- Gift Card has no expiry date from the date of purchase.
- Gift Card can be purchased in the Waterworld store or online.
- Online orders containing eGift Cards can be downloaded and printed out once you finish purchasing online.
- No refund will be made after the Gift Card has been purchased.
- Gift Card is redeemable in-store at Waterworld Dive Centre or online only. After shopping or booking a scuba activity the owner will be able to use the Gift Card at the checkout page.
- Gift Card is not redeemable for cash.
- To report a lost or stolen Gift Card, email us: email@example.com. The original sales receipt is required to replace the remaining balance on a lost or stolen Gift Card.
- Waterworld Dive Centre Gift Card makes it easy to say “Thank You for a job well done!” or “Thank you for your business!” If you are a corporation or an individual looking to purchase a large quantity of Waterworld Gift Cards, please email us at firstname.lastname@example.org for further assistance.
- WATERWORLD AQUAVENTURES LTD. MAKES NO WARRANTIES EXPRESS OR IMPLIED TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CHANGES MADE BY US
It is unlikely that we will have to make any changes to your course/ training / dive arrangements. Occasionally, we may have to make changes (due to, for example – tide times, weather conditions, dive site change for training) and we reserve the right to do so at any time.
We also reserve the right to cancel your booking arrangements. For example, if the minimum number of clients required for a particular course/training/dive experience arrangement is not reached, we may have to cancel it. However, in that case, the Dive Center can reschedule your booked course to another planned date in the future if available or transfer your payment to a Gift Card provided by us.
Any compensation payments do not apply if we reschedule or cancel your booking due to circumstances beyond our control. We can reschedule or cancel your course in the following circumstances: war, the threat of war, riots, civil strife or terrorist activity, industrial disputes, natural or nuclear disasters, epidemic or pandemic, fire, technical problems with transport, technical problems in general, airport closures, public transport cancellations, bad weather conditions and similar events beyond our control.
All PADI courses must be completed within 12 months of commencement date. It is the participant’s responsibility to adhere to this timeframe, if not adhered to, booking is non-refundable and a new booking plus fees and any associated costs will be the sole responsibility of the purchaser / participant.
For bookings where payment is not made prior to arrival in resort, Waterworld Aquaventures Ltd. are not able to guarantee course or boat slots and any bookings will therefore be arranged and paid for locally in resort at full resort rates plus any applicable taxes.
Waterworld Aquaventures Ltd. reserves the right to apply an appropriate surcharge to its prices should economic changes (such as exchange rates, fuel prices, etc) make a material difference to its pricing structure. – A minimum of 14 days’ notice will be given before such a surcharge becomes effective.