The Legal Stuff

 

Entity: The Scuba Coach Pty Ltd
ABN: 44 603 317 933
Business Name 1: The Scuba Coach
Business Name 2: Gold Coast Dive Adventures
Business Name 3: Gold Coast Whale Watching Tours
Business Name 4: Sea the Gold Coast

 

Mailing Address: PO Box 2126, Surfers Paradise Qld 4217, Australia
Website URL 1: www.thescubacoach.com
Website URL 2: www.GoldCoastDiveAdventures.com.au
Website URL 3: www.thescubacoach.rezdy.com/terms
Website URL 4: www.seathegoldcoast.com.au
Website URL 5: www.seathegoldcoast.rezdy.com

 

Terms and Conditions for Dive Trips, Whale Watching Tours, Events, Eco Tours, Events, Travel & Course Bookings

Every booking is subject to our terms and conditions and require you to enter a legally binding liability release and assumption of risk agreement. All of our terms and conditions are accessible for you via our booking platform (on the checkout page) for you to review prior to completing your booking. To view the latest version of our terms, click on this link: https://thescubacoach.rezdy.com/terms.

 

 

WEBSITE TERMS OF USE

You acknowledge to act in good faith in a honest and reasonable manner when using our website and you will use our website and the information provided for its intended purpose only. All intellectual property remains with us. These terms shall apply across all our domains listed above on this page.

Blog posts are for general information only. We can not be held liable for the correctness of the information provided. Blog Posts will have source information provided where relevant with them to enable you contacting the publisher directly in the event of a query. You should not rely in the information provided.

When contacting us via this website, you agree to the terms outlined within this section and they will form part of any future service agreement entered with us.  The content of this website is for your general information and use only. It is subject to change without prior notice

This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: Name, email address and phone number.

If you contact us for whatever reason, you agree that your name and email address can be added to our mailing list. Any promotional email send to you will have the option to permanently unsubscribe.

Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.

This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites. Your use of this website and any dispute arising out of your use of it is subject to the laws of Queensland, Australia.

You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.

These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.

Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. Should any of these terms found unlawful, all remaining terms shall still remain valid.

 

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.

 

Terms and Conditions of Sale (Retail)

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.