Welcome to DivePlanIt – a collection of platforms aimed at promoting sustainable recreational use of the global marine environment via the sharing of information by SCUBA divers, snorkelers and others who appreciate the marine environment, publicly via DivePlanIt’s websites, mobile applications and social media channels, and engagement with that information by all users.
Information shared publicly via these platforms (other than copyrighted content such as images, logos, trademarks, audio and video) may be anonymised, aggregated, validated and repurposed by DivePlanIt in order to augment and/or improve the services offered by DivePlanIt.
Note, however, the mobile application allows users NOT TO SHARE their dive content and keep it completely confidential on their mobile device if they so choose.
The Service is owned and controlled by DivePlanIt (“DivePlanIt”). By accessing or using the DivePlanIt service, downloadable applications including their content and any other DivePlanIt platform or technology made available by DivePlanIt (together, the “Service”), you agree to be bound by these terms of service (“Terms of Service”). These Terms of Service affect your legal rights and obligations. Your use or user registration to the Service constitute your agreement to these Terms of Service.
In these terms and conditions “you” are the user of the Service and can be a person, a corporate entity or other entity incorporated or otherwise including, but not limited to, an association. This definition includes a reference to “your”.
If you do not agree to be bound by all of these Terms of Service, do not access or use the Service. Any new features of the Service will be subject to these Terms of Service. The Terms of Service may be updated by us from time to time without notice to you. Your continued use of the Service after such a modification constitutes your acceptance of any such modification.
By using our Service you understand and agree that we are providing a platform for you to post content, including photos, comments and other materials (“User Content”), to the Service and to share User Content publicly. This means that other users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of these Terms of Service.
You understand that all User Content is the sole responsibility of the person from whom such User Content originated. DivePlanIt does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, copyright laws. You are solely responsible for your claim and observance of copyright of any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship that you submit, post or display on or via the Service.
DivePlanIt also provides basic content on dive sites, dive operators and marine organisms (“Base Content”). Though DivePlanIt will maintain the accuracy of this Base Content using its best endeavours, as dive site conditions and dive operator facilities can change without notice, this publicly available information is presented ‘as is’ without warranty.
Under no circumstances will DivePlanIt be liable in any way for any Base Content or User Content (“Content”), 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 any Content made available via the Service.
You also understand and agree that the Service may include certain communications from DivePlanIt such as service announcements, administrative messages and availability of updates to Base Content and that you will not be able to opt out of receiving them.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, Content of the Service or access to the Service.
From time to time DivePlanIt may validate, anonymise and aggregate User Content, and make this available as new, updated or augmented Base Data. These updates to Base Content will be available for download for free within the DivePlanIt App and published on the DivePlanIt website. With the exception of copyrighted images, graphics, audio or video User Content you permit DivePlanIt to repurpose User Content in this way.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because DivePlanIt has no control over such sites and resources, you acknowledge and agree that DivePlanIt is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DivePlanIt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
DivePlanIt welcomes links from other sites to the Service but not if you also use our intellectual property at the same time without permission.
You agree to indemnify and hold DivePlanIt and its affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Base Content that DivePlanIt provides and User Content that you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
A) Collection of Personal Information
We collect the following types of Personal Information which you provide to us directly:
i) Your username, password and e-mail address when you register for a DivePlanIt account.
ii) Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on DivePlanIt.
You can use our “Find Buddies” feature to locate other people with DivePlanIt accounts through a search of names and usernames on DivePlanIt.
You can also use our “Invite Friends” feature to select a person directly from the contacts list on your device and send an email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, DivePlanIt does not have access to or control this communication.
B) Use of Personal Information
We may use Personal Information that we receive to provide, improve, test, and monitor the effectiveness of our Service and develop and test new products and features.
Note: Users may run contests, special offers or other events or activities (“Events”) on the Service. If you do not want to participate in an Event, do not use the particular Metadata (i.e. hashtag or geotag) associated with that Event.
C) Sharing of Personal Information
We will not rent or sell your Personal Information to any third parties outside DivePlanIt without your consent.
D) Storing and protection of Personal Information
Your Personal Information collected through the Service may be stored and processed in any country in which DivePlanIt’s Web Services Provider maintains facilities.
We use commercially reasonable safeguards to help keep Personal Information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, DivePlanIt cannot ensure the security of any information or content or guarantee that information on Content on the Service may not be accessed, disclosed, altered, or destroyed.
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the New South Wales or other applicable jurisdiction.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorised to create accounts on behalf of their employers or clients, DivePlanIt prohibits the creation of and you agree that you will not create an account for anyone other than yourself.
You also represent that all Personal Information you provided to DivePlanIt upon registration or continue to provide at all other times will be true, accurate, current and complete and you agree to update your Personal Information as necessary to maintain its truth and accuracy.
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
All communication, including the posting of all types of User Content conducted via the Service must be polite and respectful, and in no way offensive, indecent or objectionable.
You agree NOT to use the Service to:
A) make available any Content that is unlawful, proprietary and confidential, harmful, threatening, abusive, harassing, defamatory, obscene, libellous, invasive of another’s privacy, hateful, or ethnically or otherwise objectionable;
B) make available any Content that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any party;
C) make available any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of solicitation, except as described below:
i) If you are posting as a commercial entity, you must not post commercial offers more than two times in any 24 hour period, or more than seven times in any seven day period;
D) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
E) make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or device software or hardware or telecommunications equipment.
You acknowledge and agree that any necessary software used in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to dissemble or re-engineer any Software, or to access any DivePlanIt Content other than through the DivePlanIt Service.
You agree that DivePlanIt may, under certain circumstances and without prior notice, immediately terminate your DivePlanIt account and access to the Service. Cause for such termination shall include, but not be limited to, A) breaches or violations of the Terms Of Service, B) requests by law enforcement or other government agencies, C) a request by you (self-initiated account deletions), D) discontinuance or material modification to the Service (or any part thereof) or E) engagement by you in fraudulent or illegal activities.
Further, you agree that all terminations for cause shall be made at DivePlanIt’s sole discretion and that DivePlanIt shall not be liable to you or any third party for any termination of your account or access to the Service.
In the event you opt to discontinue use of the Service, it is your responsibility to ensure that you have exported, collected or copied any User Content that you have used the Service to store or host prior to terminating your ability to access the Service.
You expressly understand and agree that:
A) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. DivePlanIt and its affiliates, officers and employees, expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B) DivePlanIt and its affiliates, officers and employees make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) Content of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the Software will be corrected.
C) Any material accessed through the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
SUBJECT TO APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT DivePlanIt AND ITS AFFILIATES, OFFICERS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DivePlanIt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: A) THE USE OR THE INABILITY TO USE THE SERVICE; B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR E) ANY OTHER MATTER RELATING TO THE SERVICE.
This Terms of Service constitutes the entire agreement between you and DivePlanIt and governs your use of the Service, superseding any prior agreements between you and DivePlanIt with respect to the Service.