The following Terms and Conditions apply when you view, purchase and use any products, memberships, or services via our website located at www.divebuddies4life.com.
Please review the following terms carefully.
For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.divebuddies4life.com. “Service” refers to the Company’s services accessed via the Site, in which users can view, purchase and use any products, memberships, or services. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service.
By checking the box or viewing, purchasing and using any products, memberships, or services, you signify your agreement to these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions in their entirety, you may not access or use the Service. In addition, if these Terms and Conditions are being agreed to by a company or other legal entity, then the person agreeing to these Terms and Conditions on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity.
ABOUT THE SERVICE
Any Dive Buddies 4 Life/Travel Buddies 4 Life Service allows you to view, purchase and use products, memberships, courses, or consulting services via our website. This can be done either directly on the Dive Buddies 4 Life Company website or through an affiliate link redirecting you to an affiliate or partner website.
This blog is a personal scuba diving blog written and edited by scuba divers Joey and Alisha Postma. For questions or comments about this blog, please contact Dive Buddies 4 Life at [email protected].
This scuba diving website contains affiliate links, sponsored posts, advertising and ocean related merchandise where Dive Buddies will earn a percentage of the sale at no extra cost to you. This can be seen in our blog posts, shop and at times on our social media. We accept payment in the form of cash, sponsorship, paid insertions and other types of monetary compensation in return for a presence through the Dive Buddies 4 Life brand. Any post, content or sponsored advertisement will be clearly indicated on our posts, shop and via our social media.
Dive Buddies believes in honesty of relationship, opinion and identity. Every single product recommended on this website are things that the Dive Buddies 4 Life team personally uses. Every single place on this site has been visited and personally photographed by Dive Buddies 4 Life. Regardless of compensated content, all opinions, findings, beliefs and experiences are 100% that of Dive Buddies 4 Life.
Unless otherwise stated, any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. Any affiliate link purchases and questions should be directed towards the party in question.
This blog does not contain any content which might present a conflict of interest.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account that includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions. You agree that you will not under any circumstances:
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you may be able to provide dive log entries and feedback (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.
The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though we strive to enforce these Terms and Conditions, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms and Conditions or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
The Company shall have the right to remove any material that in its sole opinion violates or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. If you become aware of a misuse of our Service or violation of these Terms and Conditions, please contact us at [email protected].
LINKS TO OTHER SITES AND/OR MATERIALS
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a written notification at [email protected]. Please include:
(c) If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our agent using the contact information set forth above:
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms and Conditions.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
ACCURACY OF INFORMATION
While we shall endeavor to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes such as but not limited to changes in dates and times of events, vendor information, prices, exchange rates, accommodation, or other scuba travel information.
We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence or damage caused by reliance on any material contained within the Site.
We also cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. You are advised to check with the establishment concerned.
We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis. Should you find any inaccurate information on the Site, please inform us at [email protected] and we shall correct it as soon as it is practicable to do so.
COMPLIANCE WITH LAWS
In connection with your participation on the Site and to the Services you will comply with all applicable laws of Canada and your home country including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you.
GENERAL LIABILITY RELEASE OF CLAIMS
Effective immediately upon execution, you, for and in consideration of the payment to me, do hereby release and forever discharge Dive Buddies 4 Life of being released from liability, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, and any and all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future.
It is understood and agreed that this payment is made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Terms and Conditions contains the entire agreement between the parties; and that the terms of this agreement are contractual and not merely a recital. These Terms and Conditions may not be altered, amended or modified, except by a written document signed by both parties.
Furthermore, these Terms and Conditions shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors and assigns. These Terms and Conditions shall be subject to and governed by the laws of the province of Ontario.
MODIFICATION OF TERMS AND CONDITIONS
We can amend these Terms and Conditions at any time and will update these Terms and Conditions in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms and Conditions. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of this Terms and Conditions agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
PURCHASES, SHIPPING AND RETURNS
Our Service prices include the Ontario HST provincial tax rate of 13% and/or any additional taxes required by law.
In terms of our products and Dive Buddies 4 Life Membership and Reciprocal Partnership Program, as stated in the Warranty disclaimer section of our Terms and Conditions above, in no event shall the site, the service, it’s affiliates, directors, employees, licensors or partners be held responsible for any loss of profit, damages, injuries, accidents and deaths occurring as a result of this Service or anything in relation to this Service.
With regards to the Dive Buddies 4 Life Membership and Reciprocal Partnership Program, to access the DB4L platform and corresponding discounts, users are required to pay an annual fee. This fee enables discounts for one person with Dive Buddies partner shops, brands, accommodations, and liveaboards. After purchase, this membership is valid for one year. Dive centers, brands, accommodations, and liveaboards will be able to check your membership information in our secure membership platform prior to booking and/or sale. We encourage members to fill out their profile with relevant information.
We will not be held responsible for any vendor failing to provide the agreed-upon discount and will NOT provide any monetary compensation with respect to this. Should any vendor fail to provide the membership holder with the agreed and advertised discount please contact [email protected] with receipts and proof of the matter.
Unless otherwise indicated, you will be responsible for the shipping costs of any Services purchased through Dive Buddies 4 Life. Shipping charges vary from region to region and will be outlined in your shopping cart prior to processing your payment.
Our return policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
Several types of goods are exempt from being returned such as books, magazines, postcards, stickers and bathing suits/dive skins.
Additional non-returnable items:
* Gift cards
* Downloadable software products
* Some health and personal care items
To complete your return, we require a receipt or proof of purchase. Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next, contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected].
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately, sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at [email protected].
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you may vary. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.