The Scuba Coach

The Legal Stuff

The Scuba Coach Pty Ltd
also known as Gold Coast Dive Adventures

PO Box 2126, Surfers Paradise Qld 4217, Australia

info@thescubacoach.com

ABN 44 603 317 933

 

Terms and Conditions for Dive Trip, Tours, Events, Travel & Course Booking

Please follow this link for the latest version of our terms including cancellation policies and the like: https://thescubacoach.rezdy.com/terms

Furthermore, as a condition of every tour booking, you must accept the provisions of our Liability Release and Assumption of Risk Agreement also referred to as waiver, without any qualifications even without your wet signature. The form is displayed below for your information. If you hesitate or are unsure about certain provisions, we strongly advise you to seek legal advice prior to completing your booking. If you are completing this booking on behalf of someone else, you must inform all participants about our terms which we will include in your booking confirmation email. This agreement applies to any type of booking with The Scuba Coach and any subsidiary company including but not limited to whale watching, private cruises, diving, snorkelling, travel and the like. Should certain provisions of the form not apply to a specific activity for example diving related provisions in connection with a whale watching trip, these provisions shall not apply however all other provisions of the agreement shall remain valid for example boating related matters and risks. The form shall inform you that you are participating in a potential dangerous activity and that you are assuming the associated risks.

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Terms and Conditions of Sale

This Agreement contains the terms and conditions that apply to purchases by customers from The Scuba Coach Pty Ltd (“The Scuba Coach”) that will be provided to you (“Customer”) on orders for scuba equipment and/or related products and/or services and support sold by The Scuba Coach in Australia. By accepting delivery of the scuba equipment, other products and/or services and support described on that invoice, the Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your purchase, you may return the products under the terms and conditions of our return policy. 
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH THE SCUBA COACH, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER THE SCUBA COACH STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in The Scuba Coach’s sole discretion.

  1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and The Scuba Coach, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and The Scuba Coach.
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF AUSTRALIA.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within The Scuba Coach’s sole discretion, and unless otherwise agreed to by The Scuba Coach, payment must be received prior to our acceptance of an order. Payment for the products and services and support may be made by credit card or bank deposit unless The Scuba Coach has agreed to credit terms. The Scuba Coach may invoice parts of an order separately. Orders are not binding upon The Scuba Coach until accepted by The Scuba Coach. Any quotations given by The Scuba Coach will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
  4. Shipping Charges; Taxes. Separate charges for shipping will be shown on the invoice(s). All orders from within Australia are subject to GST.
  5. Risk of Loss. Title to products passes from The Scuba Coach to Customer on shipment from The Scuba Coach’s facility. Loss or damage that occurs during shipping by a carrier selected by The Scuba Coach is The Scuba Coach’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
  6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO SCUBA EQUIPMENT ARE INCLUDED FROM THE MANUFACTURER OF THE EQUIPMENT IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS. THERE ARE NO WARRANTIES FOR SERVICES. THE SCUBA COACH MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THE SCUBA COACH’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND THE SCUBA COACH WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON THE SCUBA COACH’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
  7. Return Policies. Any equipment purchased from The Scuba Coach may be returned for a refund of the cost of the product, excluding any shipping charges, if returned with all original packaging and literature as long as the product is not used and is delivered to The Scuba Coach within 14 days of purchase. PADI electronic course products are deemed as used upon redemption and are not eligible for return or refund under any circumstances.
  8. Exchanges. The Scuba Coach will exchange products or portions of a product within 30 days of purchase as long as the product is in not used in any way. Exchanges do not apply to any custom ordered or custom fit items and all original packaging and literature must accompany returned products and all products must be in their new condition.
  9. Shortages and Shipping Damage. It is the responsibility of the Customer to check all packages for accuracy of contents within 48 hours of receipt. If any shortages occur, it is the responsibility of the Customer to contact The Scuba Coach within 48 hours of receipt of package to file a claim for missing goods. In the case of shipping damage, the Customer will file a claim with the shipper.
  10. Products. The Scuba Coach continually upgrades and revises its products and service offerings to provide customers with new products and service offerings. In the event that an ordered product is out of stock, Customer will be contacted prior to any substitutions.
  11. The Scuba Coach acts as a retailer. Any warranty and technical support provided on third-party products purchased through The Scuba Coach are provided by the original manufacturer and not by The Scuba Coach. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product.
  12. Limitation of Liability. THE SCUBA COACH DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR THE PROVISION OF SERVICES AND SUPPORT. THE SCUBA COACH WILL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, THE SCUBA COACH IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT. SCUBA DIVING EQUIPMENT SHOULD ONLY BE USED BY CERTIFIED SCUBA DIVERS OR STUDENTS UNDER DIRECT SUPERVISION OF THEIR INSTRUCTOR. THE SCUBA COACH DOES NOT ACCEPT LIABILITY FOR THE USE OF SCUBA EQUIPMENT BY NON-CERTIFIED INDIVIDUALS.
  13. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST THE SCUBA COACH, its agents, employees, contractors, successors, assigns or affiliates (collectively for purposes of this paragraph, “The Scuba Coach”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), The Scuba Coach’s advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be limited solely to the dispute or controversy between Customer and The Scuba Coach. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
  14. Service and Support. The Scuba Coach will provide general technical support to Customer in Australia, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. The Scuba Coach has no obligation to provide service or support until The Scuba Coach has received full payment for the product or service/support contract for which service or support is requested.
  15. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

Last updated on 1 March, 2016.

Nationally Recognised Training Policy

Nationally Recognised TrainingThe Scuba Coach offers the following Nationally Recognised Training courses.

  • HLTAID001 Provide cardiopulmonary resuscitation
  • HLTAID002 Provide basic emergency life support
  • HLTAID003 Provide first aid

Fee and Refund Policy

As per the guidelines of the Registered Training Organisation (PADI RTO), the following fee and refund policies apply for Nationally Recognised Training courses.

  • Full payment is charged when booking a course. At this point, the course/assessment is guaranteed and a full refund will be provided if it is cancelled and a new date cannot be agreed upon.
  • No refund is provided if you cancel 21 days or less from the scheduled course date. A full refund is provided if you cancel more than 21 days before the scheduled course date.
  • An administration fee of $100 may be charged if you reschedule 21 days or less from the scheduled course date. No fees will be charged if you reschedule more than 21 days before the scheduled course date.
  • An administration fee of $10 will be charged for replacing a lost Statement of Attainment. You will need to present photo ID when requesting a replacement.

Our Commitment to Privacy

The Privacy Policy of The Scuba Coach Pty Ltd has been developed as an extension of our commitment to combine quality products and services with integrity in dealing with users. The Policy is designed to assist you in the understanding of how we collect, use and protect the personal information provided to us.

 

What Information Do We Collect?

When you place an order for products or services, we collect Personally Identifiable Information (such as name, contact and billing information, credit card, and other transactional information). We use this information to deliver your order, process payment, and to communicate the status of your order.

Occasionally, you may voluntarily provide Personally Identifiable Information to complete surveys and questionnaires or to participate in user polls. We use this information to improve our products and services and to ensure that we’re providing accurate disclosures. We may also use your Personally Identifiable Information to provide you newsletters and other marketing information that coincide with your preferences. You may customize your marketing preferences, or let us know if you do not wish to receive any promotional materials, by clicking the unsubscribe link at the bottom of the email.

 

Sharing Information with Advertisers or Other Third Parties

The parties who perform services for us (credit card processors, merchant bank, third-party booking engines, suppliers) may also have access to your information in performing such services.

When taking a class, student information such as your name, address and date of birth is shared with PADI for the purpose of processing certifications.

We do not share any information with third parties for any unknown or unrelated uses.

 

Payments

Payment for materials is considered a deposit, and must be provided before participation in a class or trip can be confirmed. The remaining portion of any fees is detailed on your invoice/receipt and must be provided before commencing the class or trip.

Payment can be supplied by bank deposit or credit card. Credit card information collected is used only to process payment for the transaction and is not retained.

 

Refund Policy

When taking a class, refunds can only be applied to the unused portion of the class. PADI electronic course products are deemed as used upon redemption and are not eligible for refund under any circumstances.

When undertaking an activity such as a dive trip, we follow the refund policy of the boat we are chartering. Generally, this means that refunds are not available unless a trip is cancelled due to bad weather. Depending on the operator, we may be able to secure a refund or credit for trips cancelled by you due to illness, but this is not always possible.

Last updated on 1 March 2016.