SEARCH SCUBA DIVE SHOP AGREEMENT
Reference is made to the Terms of Service provided on the Search Scuba Platform and available here: (“Terms”). By using the Search Scuba Platform, you agree to be bound by the terms of this agreement (“Agreement”), Terms and other related Search Scuba agreements posted on the Search Scuba Platform. All capitalized terms have the meaning set forth in the Terms unless otherwise defined in this Agreement.
- When creating a Listing through the Search Scuba Platform you must (i) provide complete and accurate information about your Dive Shop Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Dive Shop-specific rules) and requirements that apply (such as any minimum age, proficiency or fitness/health requirements) and (iii) provide any other pertinent information requested by Search Scuba. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
- You are solely responsible for setting a price (including any Taxes if applicable, or charges such as insurance fees, park fees, transportation costs, deposits, feels related to additional, optional items and rental fees) for your Listing (“Listing Fee”), provided that the Listing Fee must be equal to or less than any other advertised fee on any platform for the Dive Shop Service, including any advertised fees set directly by the Dive Shop.
- Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with the Terms or the relevant cancellation policy for your Listing.
- Pictures, animations, or videos (collectively, “Images”) and written content (“Written Content”), collectively with Images, “Service Description”) in your Listings must accurately reflect the quality, nature, scope and condition of your Dive Shop Services. Search Scuba reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. Search Scuba also reserves the right to require the Listings to contain Written Content that accurately describes the nature of the Dive Shop Services offered, to be determined in Search Scuba’s sole discretion.
- The placement and ranking of Listings in search results on the Search Scuba Platform may vary and depend on a variety of factors, such as Diver search parameters and preferences, Dive Shop requirements, price and calendar availability, sufficiency of Service Description, customer service and cancellation history, Reviews and Ratings, type of Dive Shop Service, and/or ease of booking.
- By participating in the Search Scuba Platform, you are granting Search Scuba the non-exclusive right and license to advertise your Dive Shop Service and Listing on the Search Scuba Platform and any other traditional marketing channels (“Third Party Sites”).
- Search Scuba recommends that Dive Shops obtain appropriate insurance for their Dive Shop Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Divers (and the individuals the Diver has booked for, if applicable) while participating in your Dive Shop Service.
- If you choose to require a security deposit for your Dive Shop Service, you must specify this in your Listing (“Security Deposit”).
- You represent and warrant that any Listing you post will (i) not breach any agreements you have entered into with any third parties and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Dive Shop, you are solely responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate in providing your Dive Shop Service at your request or invitation, excluding the Diver. You hereby acknowledge and agree that Search Scuba is not responsible in any way for any claims whatsoever arising out of the provision of the Dive Shop Services or Listings.
- You agree to provide 4 complimentary “Fun Dives” per year to Search Scuba, to be used in Search Scuba’s sole discretion (“Complimentary Dives”). For the avoidance of doubt, Search Scuba will be able to transfer the Complimentary Dives to third parties in its sole discretion.
- You acknowledge that this Agreement is an extension of the Terms and is subject to the provisions of the Terms and Payment Terms.