Welcome to dailydive.com. The dailydive.com website (the "Site") is comprised of various web pages operated by DSI-Développement Solutions Informatiques Sàrl. The company's legal and office address is Route de Prarainson 76, 1965 Savièse, Switzerland
. Dailydive.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of dailydive.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The term ‘dailydive.com' or 'us' or 'we', or 'company' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
1. Online Reservation System
DailyDive.com provides services in the function of a travel agent and is a member of the SWISS TRAVEL ASSOCIATION (www.star.ch
). DailyDive.com offers an online reservation system (the “Online Reservation System”) which allows an individual to book services such as dives, dive packages, lessons, guided tours, diving safaris as well as hiring diving equipment. The reservation created using the Online Reservation System constitutes a contract in accordance with our terms and conditions and the terms and conditions of the service provider (the “Service Provider Conditions”) that were accepted at the time of reservation, including, but not limited to, the fees, taxes, prices and charges relating to cancellation or to failure to attend. You are solely responsible for the reading and understanding of the Service Provider Conditions before making a reservation. All information relating to the Online Reservation System, including but not limited to, photos and text describing the diving facilities, boats and services included have been provided to us by the service provider. These providers certify that the information is up-to-date, reliable, accurate, complete and without error. DailyDive.com does not guarantee the accuracy of such information. DailyDive.com will not be liable for the quality of the services offered by the service providers or for their level of safety. DailyDive.com, its directors, employees, agents or contractors, cannot, under any circumstances, be held responsible for any costs, losses, damages or any harm including, but not limited to injury and death. DailyDive.com may ask customers to comment on the services offered and may publish this on the web site for information. The overall prices displayed in the Online Reservation System do not include any charges, surcharges or taxes relating to the service. These are however clearly displayed in the list of “Charges not included” at the time of reservation.
The exchange rates applied to the prices shown in the Reservation System are the daily exchange rate published by the Central European Bank. They are updated daily around 18:00 GMT. The exchange rates used on the site are purely used to estimate the prices in your currency. Payments are made to DailyDive in USD or EUR and your bank will determine the final exchange rate that will be applied. At the time of reservation, DailyDive reserves the right to carry out a pre-authorisation on your credit card to verify that it is a valid card and that sufficient funds are available.
The terms and conditions of cancellation are defined by the service provider in the Service Provider Conditions. No charge is made if the cancellation takes place before the deadline for no refund or partial refund.
1.4 Special circumstances
The service provider reserves the right to cancel or to offer their service on a date that is different to that defined in the reservation in the event of special meteorological conditions which compromise the safety of the service. If the conditions (volcanic eruption, fire, war, flooding, tsunami, …) are such that the service provider is unable to operate, they shall inform the customers at the earliest opportunity and shall refund, without deductions, the money that they have already collected from their customers. The refunded costs concern solely the services that were reserved using the Online Reservation System.
In using the Online Reservation System, you certify that you have read and understood and fulfil the prerequisites of the service provider, including, but not limited to, the required diving qualifications and the minimum number of dives completed. You have also read and understood the various documents required such as; a medical certificate and the liability disclaimer document and risk waiver. It is your responsibility to understand these and to ensure that you conform to them before making a reservation. If you are unable to meet the requirements, you shall be unable to use the service and the fees for late cancellation will be applied.
2. Website content
Any information contained in this website is for general information purposes only. It is subject to change without notice. The information is provided by dailydive.com, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. The user should always contact and be guided by local professional for diving. Any reliance you place on information on our website is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
3. Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that dailydive.com is not responsible for third party access to your account that results from theft or misappropriation of your account. dailydive.com and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
dailydive.com abides by the Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on dailydive.com that is claimed to be infringing, in which case we will make a good- faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA. We follow the « DMCA takedown notice ». Contact us on firstname.lastname@example.org
for copyright infringement notification and counter notification.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, text content, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
This website also contains user uploaded content, including images, photographs, and videos. All copyrights belong to the original creator of the content and are subject to their copyright terms. If agreed by the user, special rights may be given to our website for displaying uploaded photographs on other websites, including Facebook, and subject to any other website’s sharing policies. Users can put existing YouTube videos on the website by linking using the video url. Users can also upload to YouTube through an interface on the website. The video will then appear on a specific youtube channel dedicated to the website. User hereby undertake and represent that the user owns or has required permission or license to any videos he uploads into the website. These videos will follow Youtube's terms and policies.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged to belong to their respective owners.
By uploading geotagged media to the website, you agree that your media may be used to promote scuba diving destinations on any page of the website.
By uploading text contents, including articles, news, blog entries, dive site descriptions, reviews on dive centers, and advertisements for specific dive centers, user grants a limited, worldwide, non-exclusive, royalty-free, fully paid up, licence to operators of the website to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public your contents.
This website uses an external database called « fishbase.org ». It is licensed under a Creative Commons Attribution-Noncommercial 3.0 Unported License. (CC-BY-NC). The website will not own the texts and photos from this database. This content on the website (marked with « From fishbase » or «Data ref») will be on the same license CC-BY-NC.
dailydive.com does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
5. Third party services / Links to third party sites
dailydive.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. dailydive.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by dailydive.com of the site or any association with its operators.
Certain services made available via dailydive.com is delivered by third party sites and organizations. By using any product, service or functionality originating from the our domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom we have a contractual relationship to provide the requested product, service or functionality on behalf of dailydive.com users and customers.
6. No unlawful or prohibited use
You agree not to use the Website:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any “junk mail”, “chain letter” or “spam”.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website. With respect to the foregoing provision only, YOU AGREE THAT DAMAGES FOR VIOLATING THIS PROHIBITION AGAINST USING MANUAL OR AUTOMATED SOFTWARE, DEVICES, SCRIPTS, ROBOTS, SPIDERS, OR OTHER MEANS OR PROCESSES TO ACCESS, "SCRAPE," "CRAWL," OR "SPIDER" ANY PAGES CONTAINED IN THE SITE WOULD BE DIFFICULT TO CALCULATE AND THAT YOU AGREE TO PAY US $10,000.00 FOR EACH SUCH ACT AS LIQUIDATED DAMAGES AND NOT AS A PENALTY.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Advertising to promote a specific brand is not allowed on this website.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. dailydive.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of dailydive.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of dailydive.com or our licensors except as expressly authorized by these Terms.
We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in dailydive.com's sole discretion.
7. Use of communication services
The Site may contain chat areas, news groups, forums, communities, personal web pages and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
dailydive.com provides the sites, the proprietary materials and the services on an "as is" and "as available" basis. To the maximum extent permitted under applicable law, we expressly disclaim any warranties or representations of any kind, whether express, implied, statutory or otherwise with respect to the services (including all proprietary materials and other information and content contained therein), including any implied warranties of merchantability, title, accuracy, fitness for a particular purpose or non-infringement.
dailydive.com does not represent and warrant that (a)your use of the services will be secure, uninterrupted, complete, always available, error-free or will meet your requirements, (b)any defects in the services will be corrected or (c)the services are free of viruses or other harmful components. dailydive.com disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services or the delivery of any messages.
dailydive.com does not have any obligation to verify the identity of or screen the persons subscribing to or using the services, nor does it have any obligation to monitor the use of the services by other users of the website. Therefore, dailydive.com disclaims all liability for your interactions with and the conduct of other users and for identity theft or any other misuse of your identity or information.
dailydive.com does not: (i) guarantee the accuracy, completeness or usefulness of any information on the services, or (ii) adopt, endorse or accept responsibility or liability for the conduct of any users or members of the services or for the accuracy or reliability of any opinion, advice, or statement made by any party other than dailydive.com. Under no circumstances will dailydive.com be responsible for any loss, damage or harm of any kind resulting from any user conduct or from anyone's reliance on information or other content posted on the services, or transmitted to or by any users.
9. Limitation of liability
To the maximum extent permitted by law, in no event shall dailydive.com, its directors, members, employees or agents be liable for any damages of any kind, including direct, special, consequential or indirect damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or relating to the use of or inability to use the services, or the proprietary materials contained in or accessed through the service, including without limitation any damages caused by or resulting from reliance by user on any information obtained from dailydive.com, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to dailydive.com's records, programs or services.
To the maximum extent permitted by applicable law, in no event shall dailydive.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of or the services, including without limitation, bodily injury, emotional distress, identity theft and/or any other damages resulting from communications, meetings or other interactions with other users of the services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
10. Disputes and indemnification
Everyone hates disputes; so do we. Our primary goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint prior to initiating any legal action.
i) You agree that any dispute arising from this Agreement shall be first referred to a mediator appointed by dailydive.com within ten (10) business working days of e-mail notice to email@example.com. The mediator shall try to solve the dispute between You and dailydive.com amicably before resorting to a legal recourse.
ii) You agree that any dispute arising from this Agreement or about or involving the Services will by governed by the laws of Switzerland, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You and dailydive.com agree to submit to the sole and exclusive jurisdiction of, and agree that venue is proper in the courts in Switerzland in such legal action or proceeding.
You agree to defend, indemnify and hold dailydive.com, its subsidiaries and affiliates, and each of their directors, officers, managers, agents, contractors, partners and employees harmless from any loss, liability, claim, damages, costs, expenses or demand, including reasonable attorney's fees, due to or arising out of (i) your use of or inability to use the Services, (ii) any User Content or Submission you provide or transmit through the Services, (iii)your conduct in connection with the Services or our users, (iv)your violation of any of the terms of this Agreement, (v) your violation of any rights of a third party or (vi) your violation of any applicable laws, rules or regulations.
11. Changes of terms
We reserve the right, in its sole discretion, to change the Terms under which dailydive.com is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
12. Contact us
We welcome your questions or comments regarding the Terms. Questions about the Terms of Service should be sent to us at firstname.lastname@example.org