Please read the following terms & conditions carefully before placing an order with us.
Dive / Snorkel Course and / or Activity Terms & Conditions
(dive & snorkel courses, trips, tours, guided activities, charters and adventures!)
- You must
check the 'Dive medical' before activating your PADI e-learning codes (if on a course) and before the activity starts. This medical form may highlight any potential issues that would prevent you from engaging in SCUBA activities, and must be completed before any in water session of your activity. Please complete the form accurately and honestly. If you answer 'yes' to any of the questions, then you need to attend your GP and get a formal written clearance to dive on the medical form. Failure to do so before the activity starts could see you being unable to dive and, as such, forfeiting your booking without refund. If you can answer all 'no' to the questions, then you do not need to visit your Dr. Click here to view the PADI Medical Form.
COVID-19 (Coronavirus) Vaccination
As a vaccine certificate business for activities,
it is a legal requirement that all clients who join us for activities are vaccinated against COVID-19 if they are eligible and considered medically able to be, and for their vaccine status to be verified via 'My Vaccine Pass'. We are not able to accept unvaccinated individuals for any activities
(other than those with an exemption through My Vaccine Pass, or those who are younger than the minimum approved age for vaccination).This applies at all levels of the protection system.
If you are unable or unwilling to provide evidence of the above, then you are not eligible to take part in an activity with us, and we respectfully request that you do not book an activity. If you do book an activity and then are unable or unwilling to provide evidence of the above, then you forfeit your entire booking and are not entitled to a refund. Click here for the full details on how the Protection Framework applies to you when accessing our services.
Homework (courses only) - You must complete your assigned homework before the course start date. Failure to do so puts the entire group behind because we may not be allowed under PADI Standards to take you in the water before its complete. If this is the case, it means you automatically forfeit your entire booking with no refund, or may have to pay for catch up sessions.
Swimming - For all water activities, you need to be a comfortable swimmer. For the PADI Open Water course, you are required to swim 200m non-stop and complete a 10 min tread water / float in water too deep to stand. This is completed early during your course and, failure to complete this means that you are not able to continue with your course without refund.
COVID Lockdown - In the event of local or national travel restrictions in either your home address or our address preventing activities from taking place, you will be offered an alternative date or a full refund of your booking fee excluding the cost of any activated e-learning if you've booked a course, as we are sadly unable to recover this cost from PADI once activated (but it is transferable to another store if required and had an indefinite lifespan).
Date Changes - We know that sometimes things happen, so we’re more than happy for you to change your dates free of charge with at least 7 days notice. We're a small business on a beautiful Island, but this means sometimes we have logistics that others don't need to think about. As such, changes with less than 7 days’ notice will forfeit 50% of the original fee, unless we are able to fill your space. Changes with less than 1 working days notice will forfeit 100% of the fee, unless we are able to fill your space. Changes to activity dates once your activty has begun or switching courses is not possible, and refunds will not be issued should you choose not to, or be unable to, complete your course for any reason.
Cancellations - We regret that we can not accept cancellations, so we recommend customers choose to reschedule instead to avoid loosing their course fee. You may transfer your booking to another individual, less the cost of any activated PADI e-learning if you're on a course.
Refunds - Seasickness, not feeling like diving / snorkelling, personal health, faulty equipment, inability to equalise, not liking the weather, or any other circumstantial or personal situations that are outside of our control are not valid reasons for a refund, and will not be accepted.
Weather - SCUBA & snorkelling are weather dependent sports, and our experienced team will always make sure that your safety is out top priority. We'll always choose the best location that we can for our activities. In the event that the weather forces us to cancel an activity, you will be offered an alternative date or a refund. If an activity has begin and weather then forces a cancellation, we will offer an alternative date or a pro-rata refund along with the PADI Referral paperwork (if applicable) outlining exactly what has been completed so far.
Ropes Off - If you are late, it is entirely possible that the boat / charter / group will have left without you! Dive & snorkel trips are run to a schedule due to tides or other commitments for the charter company. If you've missed the trip then...well.. you've missed the trip and no refund will be given regardless of circumstance.
Certification - You must bring proof of certification (if applicable), and ideally your logbook, to be allowed to dive. Failure to do so means you will not be allowed to dive and will not be refunded. No proof of certification, no diving.
Equipment - Equipment use is included in Guided Snorkelling tours, the PADI Discover Scuba Diving program, the Discover Snorkelling Program and the PADI Open Water Course. For all other courses and activies, hire rates apply.
Gear Check - Please ensure that all your gear is fully working, serviced and suitable for the activity you are about to undertake, including any hire equipment. You must ensure all equipment is checked and working before boarding the charter vessel, regardless if it's hired or your own. Limited quantities of spares may be available, but we recommend all divers are self sufficient in terms of their equipment requirements.
Language - We can happily provide course materials in a variety of languages where available, however please be aware that all activities are conducted and taught in English and as such a good standard of spoken English is essential. We are experienced in teaching students whose first language is not English, but please remember SCUBA and snorkelling are adventure sports, and it is absolutely essential that all participants clearly understand what is expected of them, can understand all safety briefings and emergency procedures.
Alcohol - While Waiheke is often called the 'Island of Wine' please bear in mind that intake of alcohol and then SCUBA / snorkelling do not mix! If you have consumed alcohol before activities, are showing signs of intoxication, a hangover or staff have any reason to believe that this might be the case then you will not be permitted to take part and no refunds will be given.
Safety - You will be expected to dive and snorkel within your certification and experience levels, and in accordance with the PADI safe diving practices at all times. Failure to do so may see you being prevented from continuing activities without a refund.
Insurance - For all overseas trips you are required to have current diving insurance.
Catch ups (courses only) – Our courses have a schedule that is designed to have the right balance between giving students time to learn and master their skills and progressing at an efficient pace while being more generous than many other dive stores, and this suits the vast majority of students. Occasionally however, some students need additional time to fully master the requirements of the course as they are unable to complete in the pre-determined time frame for whatever reason. In these circumstances, we are more than happy to arrange extra time with one of our Instructors, but this is at the student’s expense at the same pro-rata rate as their original course.
Finally, please remember that you pay for the training, but you earn the certification! You have to earn a certification by completing a course, as required, to a certain standard. If you are unable or unwilling to do so, for any reason, then we are not able to certify you.
WEBSITE & RETAIL TERMS & CONDITIONS OF SERVICE
This website is operated by Waiheke Dive & Snorkel LTD. Throughout the site, the terms “we”, “us” and “our” refer to Waiheke Dive & Snorkel LTD. Waiheke Dive & Snorkel 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 purchasing something from us, 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 by hyperlink. 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 store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows 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 or province of residence, or that you are the age of majority in your state or province 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.
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 return or exchange only according to our Return Policy.
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 household 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 Returns 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 Waiheke Dive & Snorkel 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. 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.
- SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Waiheke Dive & Snorkel 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.
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 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws.
- SECTION 19 - 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 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org