TERMS AND CONDITIONS.
The Legal Stuff
Entity: The Scuba Coach Pty Ltd
ABN: 44 603 317 933
Business Name 1: The Scuba Coach
Business Name 2: Sea the Gold Coast
As far as permitted by law, all sales transactions are subject to our terms and conditions as published here on this website www.thescubacoach.com. All our products including but not limited to diving products, gear servicing, dive trips, dive travel, dive courses, general events or any other product or service offered, are only available for purchase and acceptance by a customers, subject to our terms and conditions which are can not be excluded. Part of these conditions is our liability release agreement as detailed below. You are warranting to have authorisation to act on behalf of the all participants under your booking.
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.
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.
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.
DIVE BOOKING & EVENT TERMS AND CONDITIONS
We live and breath the online booking process. In regards to this booking, we will communicate with you via email and sms. This may include important information relating to your booking such as cancellations, change of meeting times or general reminders. You must therefore ensure that your mobile phone number and email address used at time of booking is capable of receiving sms and emails. You acknowledge to check your phone and email inbox frequently and reply promptly if requested by us.
AGENT AGREEMENT AND INDEMNIFICATION
You understand that The Scuba Coach is not the dive operator and acts as a referral agent only like a booking desk or travel agent. Group trips and travel are organised on your behalf with the respective dive operator. You must sign any dive waiver agreements directly with the operator on the day of the trip to be able to participate. The dive operators’ terms and conditions apply in addition to our terms. In the event of any injury, damage or loss including loss of life as far as permitted by law, you agree to indemnify The Scuba Coach and its staff and direct any demands directly to the dive operator. We only choose dive operators that are professional, fully insured and with a good reputation.
PAYMENTS & REFUNDS
Your credit card is charged at time of booking unless specified otherwise
Credit card fees are passed on to you and are non-refundable
Your credit card details are kept securely (PCI compliant)
Any additional costs such as changes to your booking, damaged hire gear will be automatically charged to the credit card used for the initial booking.
Refunds are made to the credit card used for the booking
CANCELLATION POLICY FOR DAY DIVE TRIPS
For all day trips that we offer via third party operators/dive centres, the following policy applies.
– Cancellations must be made via email to email@example.com to be considered as received
– You can cancel up to 7 days prior to the trip date
– If you need to cancel within 7 days we will attempt to resell your spots
– Cancellations by us or the operator attract a full refund
– No expense reimbursements are available for cancellations by us or the operator
CANCELLATION POLICY FOR WEEKEND TRIPS & TRAVEL
– Weekend trips, Multi-Day Trips and travel can’t be cancelled once booked however, we will make every effort to resell your spots
– We strongly recommend to take out travel insurance to cover cancellations as well as associated costs
– Should a trip be cancelled by us or the operator, the operators cancellation policy applied
– Should you fail to pay a balance payment for a trip (credit card declines), your booking will be cancelled and your deposit kept as cancellation fee unless we can find someone else last minute to fill your spot.
– In most cases, a credit or voucher is issued for cancelled trips and travel for later use
– No expense reimbursements are available for cancelled trips e.g. flights, travel expenses or accommodation costs.
– Cancellations must be made via email to firstname.lastname@example.org to be considered as received
CANCELLATION POLICY DIVE COURSES
We typically do not teach courses ourselves hence the terms and conditions of the providing dive operator apply. Please contact the dive operator directly to cancel your course as the The Scuba Coach only acts as a referral agent.
Gift certificates expire after 3 years of purchase and can be returned against a full refund up to 14 days after the day of purchase however, a 2% admin fee is deducted from this refund. No refunds are available after 14 days.
CERTIFIED DIVERS REQUIREMENTS
– You must bring your diving certification card with you and be on time.
– For certified divers, you must dive with a dive computer, snorkel and safety sausage.
– You must disclose any medical conditions to us and/or any medications you take.
– You must surface with at least 50bar left in your tank
– You must conduct a buddy check and remain within 5sec distance to your buddy.
– You must limit your depth in line with your certification
– You must do a Safety Stop at the end of each dive for 3min at 5m depth.
– You must make all dives no-decompression dives
– You must listen carefully to briefings
– You must participate in head counts
– You must follow the dive plan
– Speak up if you have a concern
CERTIFIED DIVING TOURS & DIVE GUIDES
Our dive trips are generally self-guided however we usually provide an experienced in water dive guide. You hereby acknowledge your understanding that these dive guides do not provide any sort of refresher service and are a courtesy only. You are expected to be a confident diver that is capable to dive and navigate independently with a buddy and follow a briefed dive plan. Should you be out of the water since quite some time or just got certified, please email us beforehand to discuss whether a refresher course is needed.
RENTAL EQUIPMENT (HIRE GEAR)
– Use of any Hire Gear is at your own risk.
– You must check all hire gear items prior to the dive.
– You are fully responsible for any lost or damaged equipment.
– You allow us to charge your credit card for any lost or damaged equipment.
FLYING AFTER DIVING
You hereby acknowledge your understanding that decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure. We recommend to not fly within 24hours after your last dive.
Due to weather, transport delays, strikes and other causes beyond the control of The Scuba Coach, our agents and airlines, there is a possibility of contracted services not being extended. The Scuba Coach will make every endeavour to secure refunds for the same, but will not be held responsible for refunds not forthcoming.
TRIP ITINERARY & DIVE SITES
The nature of diving is that we are depended on weather conditions. There is always the possibility that a specific dive site as advertised in the trip description cannot be visited due to poor weather conditions or that departure times have to be altered on short notice. The vessel operator will select the safest sites available by putting divers safety first and by considering the experience level of all divers on board. No refunds are available for such circumstances unless the particular operator agrees to providing a refund, partial refund or other form of compensation. This is a common clause to keep diving charter rates as low as possible as otherwise dive businesses would need to add substantial risk allowances to their rates.
ACCURACY OF INFORMATION PROVIDED BY THIRD PARTIES
Whilst all reasonable steps have been taken to ensure the accuracy of the particulars set out in product descriptions, no warranty is given by us as to their accuracy or compliance with relevant legislation or regulations. Interested parties should not rely on these particulars as representations of fact or warranties given by us as the agent and the inquirer must satisfy itself or themselves by other means. Itineraries quoted are approximately and are subject to change.
WAIVER OF LIABILITY
Every participant in our activities must agree to our dive waiver agreement as a condition of purchase/sale. By making a booking, you are accepting all provisions in this agreement and you are confirming that you are authorised to act on behalf of the people you are booking for. A signature is not required for this agreement to be properly executed.
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT
I, hereby affirm that unless I am participating in snorkelling or whale watching, I am a certified scuba diver OR a student diver under the control and supervision of a certified scuba instructor, and that I thoroughly understand the hazards of scuba diving including those hazards occurring during boat travel to and from the dive site and transportation in between accommodation and the meeting point, departure point (hereinafter collectively referred to as “Excursion”).
I understand that these inherent risks include, but are not limited to, drowning, virus infections, heart attack, sun stroke, sun burn, air expansion injuries, decompression sickness, embolism or other hyperbaric injuries that require treatment in a recompression chamber; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. Further risks include the vessel being struck by marine life, vehicle accidents whilst being transferred in between accommodation and the departure point.
I understand the Excursion will be conducted at a site that is remote, either by time or distance or both, from a recompression chamber and emergency medical facilities. I still choose to proceed with the Excursion. By signing this Agreement, I certify that I am fully aware of and expressly assume these and all other risks involved in making such a boat trip, scuba dive(s), snorkelling or whale watching, whether conducted as a spectator, certified diver or a student diver in a diving class.
I understand that social distancing on vessels might not be possible also not whilst diving e.g. performing buddy checks. As a result, the risk of a virus infection exists and you agree to comply with any current government health directions.
I understand and agree that neither the dive professional(s); nor the crew or owner of the vessel; nor the vessel itself; nor PADI Americas, Inc., nor its affiliate or subsidiary corporations; nor the owners, officers, employees, agents, contractors or assigns of the above listed individuals and/or entities (hereinafter “Released Parties”) may be held liable or responsible in any way for any personal injury, property damage, wrongful death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in this Excursion, or as a result of the negligence of any party, including the Released Parties, whether passive or active.
I am aware that the vessel used for the activity is a ‘wet boat’ and smaller vessel. Any personal belongings are brought onto the vessel at the participants risk. I am aware that items such as cameras, mobile phones may get water damaged and should be left ashore.
I affirm I am in good mental and physical fitness to scuba dive. I further state that I am not under the influence of alcohol or any drugs that are contradicted to diving. If I am taking medication, I affirm that I have seen a physician and have approval to dive while under the influence of the medication/drugs. I understand that skin and scuba diving are physically strenuous activities and that I will be exerting myself during this Excursion, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
I am aware that safe dive practices suggest diving with a buddy unless trained as a self-reliant diver. Accordingly, it is my responsibility to plan my dive allowing for my diving experience and limitations, and the prevailing water conditions and environment. I will not hold the Released Parties responsible for my failure to safely plan my dive, dive my plan, and follow the instructions and dive briefing of the dive professional(s)/vessel crew. I affirm it is my responsibility to inspect all of my equipment prior to the Excursion and that I should not dive if my equipment is not functioning properly. I will not hold the Released Parties responsible for my failure to inspect my equipment prior to diving or if I choose to dive with equipment that may not be functioning properly.
I further state that I am of lawful age and legally competent to sign this Agreement, or that I have obtained the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement if found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.
I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns or beneficiaries may have to sue the Released Parties resulting from my death. I further represent that I have the authority to do so and my heirs, assigns and beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.
I, BY THIS INSTRUMENT, AGREE TO EXEMPT AND RELEASE ALL THE ABOVE LISTED ENTITIES AND/OR INDIVIDUALS FROM ALL LIABILITY AND RESPONSIBILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO, PRODUCT LIABILITY OR THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS NON-AGENCY DISCLOSURE AND ACKNOWLEDGMENT AGREEMENT AND LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE I SIGNED BELOW ON BEHALF OF MYSELF AND MY HEIRS.
—End of Agreement—
HOTEL TRANSFERS AND OTHER TRANSPORTATION
You recognise and acknowledge that The Scuba Coach Pty Ltd is neither a common carrier nor in the business of providing transportation services to the public. You further recognise and acknowledge that there are certain risks of physical injury to vehicle passengers, and you voluntarily agree to assume the full risk of any injuries, damages or loss, regardless of severity, that you may sustain as a result of participating in any and all activities connected with or associated with receiving transportation services, including, but not limited to, injuries, damages and loss arising out of negligent operation or supervision of the vehicle. You further agree to waive and relinquish all claims you may have (or accrue to me) against The Scuba Coach Pty Ltd, including its respective officials, agents, volunteers and employees (hereinafter collectively referred to as “Party”). You agree to wear a seatbelt and to remain seated in the vehicle whenever the vehicle is under operation or when instructed to do so. Should my transportation be arranged via the ride sharing service UBER, you acknowledge and agree to UBER’s terms and conditions in regard to claims and liability.
– Applicable law is Queensland, Australia
– If one term is found to be unlawful all others remain valid
– You agree to be added to our email campaigns with the option to unsubscribe
– Should we be liable to you for compensation, our liability is limited to the value of your booking.
– You give us permission to use any photographs or video footage which we may take of you for promotional purposes.
retail 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.
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.
Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF AUSTRALIA.
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.
Shipping Charges; Taxes. Separate charges for shipping will be shown on the invoice(s). All orders from within Australia are subject to GST.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
– Updated 17th August 2016 (change to liability release section)
– Updated 26th October 2016 (Legal Information section added)
– Updated 28th October 2016 (Unused Services & Trip Itinerary section added)
– Updated 24th April 2017 (Flying after diving section added)
– Updated 7th November 2017 (Payments & Cancellation Policy amended)
– Update 23rd November 2017 (added refund policy regarding merchant fees)
– Update 30th November 2017 (added accuracy of information clause)
– Update 9th April 2018 (added communication clause)
– Update 1st May 2018 (Major update to liability section)
– Update 24th May 2018 (Liability Release wording updated)
– Update 17th Feb 2020 (Loyalty Programs added)
– Update 29th April 2020 (Update to Cancellation Policy)
– Update 3rd Nov 2020 (Change of company entity)
– Update 28th August 2021 (General Update)