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Conditions of Use

Please read these conditions carefully.

The Scuba Doctor Australia ("The Scuba Doctor"), ABN 88 116 755 170, and its affiliates provide their services to you subject to the following conditions. If you visit or shop at The Scuba Doctor web site, you accept these conditions. Please read them carefully. In addition, when you use any current or future The Scuba Doctor service (e.g. Online Dive Shop, Gift Certificates etc.) or visit or purchase from any business affiliated with The Scuba Doctor, whether or not included in The Scuba Doctor web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

Privacy

Please review our Privacy Notice, which also governs your visit to The Scuba Doctor, to understand our practices.

Electronic Communications

When you visit The Scuba Doctor web site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Scuba Doctor or its content suppliers and protected by Australian and international copyright laws. The compilation of all content on this web site is the exclusive property of The Scuba Doctor and protected by Australian and international copyright laws. All software used on this web site is the property of The Scuba Doctor or its software suppliers and protected by Australian and international copyright laws.

Trademarks

The S.C.U.B.A. Doctor, The Scuba Doctor, The Scuba Doctor Australia, The Scuba Doctor Dive Shop, The Scuba Doctor Auctions, scubadoctor.com.au, and other The Scuba Doctor graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of The Scuba Doctor Australia or its affiliates in Australia and/or other countries. The Scuba Doctor's trademarks and trade dress may not be used in connection with any product or service that is not The Scuba Doctor's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Scuba Doctor. All other trademarks not owned by The Scuba Doctor or its affiliates that appear on this web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Scuba Doctor or its affiliates.

License and Web Site Access

The Scuba Doctor grants you a limited license to access and make personal use of this web site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Scuba Doctor. This license does not include any resale or commercial use of this web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this web site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This web site or any portion of this web site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Scuba Doctor. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Scuba Doctor and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising The Scuba Doctor's name or trademarks without the express written consent of The Scuba Doctor. Any unauthorised use terminates the permission or license granted by The Scuba Doctor. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of The Scuba Doctor web site so long as the link does not portray The Scuba Doctor, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Scuba Doctor logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Scuba Doctor does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use The Scuba Doctor only with involvement of a parent or guardian. The Scuba Doctor and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Scuba Doctor reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant The Scuba Doctor and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Scuba Doctor and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify The Scuba Doctor or its affiliates for all claims resulting from content you supply. The Scuba Doctor has the right but not the obligation to monitor and edit or remove any activity or content. The Scuba Doctor takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

The Scuba Doctor and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement (see below).

Risk of Loss

All items purchased from The Scuba Doctor are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

The Scuba Doctor and its affiliates attempt to be as accurate as possible. However, The Scuba Doctor does not warrant that product descriptions or other content of this web site is accurate, complete, reliable, current, or error-free. If a product offered by The Scuba Doctor itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on this web site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by The Scuba Doctor, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Other Businesses

Parties other than The Scuba Doctor and its subsidiaries may operate stores, provide services, or sell product lines on this web site. In addition, we provide links to the web sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. The Scuba Doctor does not assume any responsibility or liability for the actions, product and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEB SITE IS PROVIDED BY THE SCUBA DOCTOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SCUBA DOCTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SCUBA DOCTOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SCUBA DOCTOR DOES NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM THE SCUBA DOCTOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SCUBA DOCTOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN INTERNATIONAL AND STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting The Scuba Doctor web site, you agree that the laws of the state of Victoria, Australia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The Scuba Doctor or its affiliates.

Disputes

Any dispute relating in any way to your visit to The Scuba Doctor web site or to products you purchase through The Scuba Doctor shall be submitted to confidential arbitration in Victoria, Australia, except that, to the extent you have in any manner violated or threatened to violate The Scuba Doctor's intellectual property rights, The Scuba Doctor may seek injunctive or other appropriate relief in any country's federal, state and/or local courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing in the state of Victoria, Australia. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Web Site Policies, Modification and Severability

Please review our other policies posted on this web site. These policies also govern your visit to The Scuba Doctor web site. We reserve the right to make changes to our web site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

The Scuba Doctor
1/49 Peninsula Avenue
RYE VIC 3941, AUSTRALIA
www.scubadoctor.com.au

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Scuba Doctor with the written information specified below. Please note that this procedure is exclusively for notifying The Scuba Doctor and its affiliates that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the web site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Such notice of claims of copyright infringement on The Scuba Doctor web site can be sent to the address supplied above.

DIVING IS HAZARDOUS: WARNING OF RISK

Whilst recreational and technical scuba diving has an excellent safety record it is a hazardous activity that may result in injury or death. Equipment purchased from The Scuba Doctor should not be used without appropriate training and certification, which should be regularly renewed and updated. All equipment should be serviced in line with manufacturer, certifying agency and regulatory norms. The Scuba Doctor accepts no liability for accident, injury or death resulting from the use of equipment purchased via this web site.

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