Terms of Service
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Search Scuba Platform, you agree to comply with and be bound by these Terms of Service.
Please note: Section 17 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Search Scuba Members. If your Country of Residence (as defined below) is the United States, this provision applies to all disputes with Search Scuba. If your Country of Residence is outside of the United States, this provision applies to any action you bring against Search Scuba in the United States. It affects how disputes with Search Scuba are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
Last updated: April 26, 2021
Thank you for using Search Scuba!
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and Search Scuba (as defined below) governing your access to and use of the Search Scuba website, including any subdomains thereof, and any other websites through which Search Scuba makes its services available (collectively, “Site”), our mobile, tablet and other smart device applications, and application program interfaces (collectively, “Application”) and all associated services (collectively, “Search Scuba Services”). The Site, Application and Search Scuba Services together are hereinafter collectively referred to as the “Search Scuba Platform”. Our Dive Shop Guarantee Terms, Diver Refund Policy, Nondiscrimination Policy, Dive Shop Agreement, Diver Agreement and other Policies applicable to your use of the Search Scuba Platform are incorporated by reference into this Agreement.
When these Terms mention “Search Scuba,” “we,” “us,” or “our,” it refers to the Search Scuba company you are contracting with. Your contracting entity will generally be determined based on your Country of Residence. Your “Country of Residence” is the jurisdiction associated with your Search Scuba Account (defined below) as determined by either your express selection or by Search Scuba’s assessment of your residence using various data attributes associated with your Search Scuba Account.
If your Country of Residence is the United States, you are contracting with Search Scuba, LLC, 15 Park Row #25H, New York, NY 10038, United States.
Any and all payment processing services through or in connection with your use of the Search Scuba Platform (“Payment Services”) are provided to you by one or more Search Scuba Payments entities (individually and collectively, as appropriate, “Search Scuba Payments”) as set out in the Payments Terms of Service (“Payments Terms”).
Dive Shops alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Dive Shop Services. In many cities, Dive Shops may have to register, get a permit or obtain a license before providing certain Dive Shop Services. Dive Shops are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Dive Shop Services they offer. Certain types of Dive Shop Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Dive Shop Service(s) on Search Scuba, you should always seek legal guidance.
Table of Contents
- Scope of Search Scuba Services
- Eligibility, Using the Search Scuba Platform, Member Verification
- Modification of these Terms
- Account Registration
- Service Fees
- Ratings and Reviews
- Damage to Dive Shops, Disputes between Members
- Rounding off, Currency conversion
- Prohibited Activities
- Term and Termination, Suspension and other Measures
- Dispute Resolution
- Applicable Law and Jurisdiction
- General Provisions
- Scope of Search Scuba Services
1.1 The Search Scuba Platform is an online platform that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Dive Shops” and the services they offer are “Dive Shop Services”) to publish such Dive Shop Services on the Search Scuba Platform (“Listings”) and to communicate with Members that are seeking to book such Dive Shop Services (Members using Dive Shop Services are “Divers”).
1.2 As the provider of the Search Scuba Platform, Search Scuba does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Dive Shop Services, nor is Search Scuba an organizer or retailer of travel packages under Directive (EU) 2015/2302. Dive Shops alone are responsible for their Listings and Dive Shop Services. Search Scuba is not and does not become a party to or other participant in any contractual relationship between Members, nor is Search Scuba a real estate broker or insurer. Search Scuba is not acting as an agent in any capacity for any Member.
1.3 While we may help facilitate the resolution of disputes, Search Scuba has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Dive Shop Services, (ii) the truth or accuracy of any Listing descriptions, Ratings (defined below), Reviews (defined below), or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Search Scuba does not endorse any Member, Listing or Dive Shop Services. Any references to a Member being “verified” (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Search Scuba about any Member, including of the Member’s identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in any Dive Shop Services, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Search Scuba of any Dive Shop or Listing
1.4 If you choose to use the Search Scuba Platform as a Dive Shop or Co-Dive Shop (as defined below), your relationship with Search Scuba is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Search Scuba for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Search Scuba. Search Scuba does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Dive Shop Services. You acknowledge and agree that you have complete discretion whether to list Dive Shop Services or otherwise engage in other business or employment activities.
1.5 To promote the Search Scuba Platform and to increase the exposure of Listings to potential Divers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Search Scuba cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Search Scuba Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The Search Scuba Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Search Scuba is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Search Scuba of such Third-Party Services.
1.7 Due to the nature of the Internet, Search Scuba cannot guarantee the continuous and uninterrupted availability and accessibility of the Search Scuba Platform. Search Scuba may restrict the availability of the Search Scuba Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Search Scuba Platform. Search Scuba may improve, enhance and modify the Search Scuba Platform and introduce new Search Scuba Services from time to time.
- Eligibility, Using the Search Scuba Platform, Member Verification
2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Search Scuba Platform or register a Search Scuba Account. By accessing or using the Search Scuba Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.
2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Dive Shop Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
2.3 Search Scuba may make access to and use of the Search Scuba Platform, or certain areas or features of the Search Scuba Platform, subject to certain conditions or requirements.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the Search Scuba Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Search Scuba Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Search Scuba Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
- Modification of these Terms
Search Scuba reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Search Scuba Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Search Scuba Platform will constitute acceptance of the revised Terms.
- Account Registration
4.1 You must register an account (“Search Scuba Account”) to access and use certain features of the Search Scuba Platform, such as publishing a Listing. If you are registering a Search Scuba Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register a Search Scuba Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your Search Scuba Account and your SNS Account at any time, by accessing the “Settings” section of the Search Scuba Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your Search Scuba Account and public Search Scuba Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) Search Scuba Account unless Search Scuba authorizes you to do so. You may not assign or otherwise transfer your Search Scuba Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your Search Scuba Account credentials and may not disclose your credentials to any third party. You must immediately notify Search Scuba if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Search Scuba Account. You are liable for any and all activities conducted through your Search Scuba Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 Search Scuba may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Search Scuba Account. These features do not require that you share your credentials with any other person. No third party is authorized by Search Scuba to ask for your credentials, and you shall not request the credentials of another Member.
5.1 Search Scuba may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Search Scuba Platform (“Member Content”); and (ii) access and view Member Content and any content that Search Scuba itself makes available on or through the Search Scuba Platform, including proprietary Search Scuba content and any content licensed or authorized for use by or through Search Scuba from a third party (“Search Scuba Content” and together with Member Content, “Collective Content”).
5.2 The Search Scuba Platform, Search Scuba Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Search Scuba Platform and Search Scuba Content, including all associated intellectual property rights, are the exclusive property of Search Scuba and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Search Scuba Platform, Search Scuba Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Search Scuba used on or in connection with the Search Scuba Platform and Search Scuba Content are trademarks or registered trademarks of Search Scuba in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Search Scuba Platform, Search Scuba Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Search Scuba Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Search Scuba or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, Search Scuba grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Search Scuba Platform and accessible to you, solely for your personal and non-commercial use.
5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Search Scuba Platform, you grant to Search Scuba a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Search Scuba Platform, in any media or platform. Unless you provide specific consent, Search Scuba does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.
5.6 Search Scuba may offer Dive Shops the option of having professional photographers take photographs of their Dive Shop Services, which are made available by the photographer to Dive Shops to include in their Listings with or without a watermark or tag bearing the words “searchscuba.com Verified Photo” or similar wording (“Verified Images”). You are responsible for ensuring that your Dive Shop Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Search Scuba Platform if they no longer accurately represent your Listing, if you stop providing the Dive Shop Service featured, or if your Search Scuba Account is terminated or suspended for any reason. You acknowledge and agree that Search Scuba shall have the right to use any Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Search Scuba is not the exclusive owner of Verified Images, by using such Verified Images on or through the Search Scuba Platform, you grant to Search Scuba an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Search Scuba in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Search Scuba Platform solely for your personal and non-commercial use.
5.7 You are solely responsible for all Member Content that you make available on or through the Search Scuba Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Search Scuba Platform or you have all rights, licenses, consents and releases that are necessary to grant to Search Scuba the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Search Scuba’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Search Scuba’s Content Policy or any other Search Scuba policy. Search Scuba may, without prior notice, remove or disable access to any Member Content that Search Scuba finds to be in violation of these Terms or Search Scuba’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Search Scuba, its Members, third parties, or property.
5.9 Search Scuba respects copyright law and expects its Members to do the same. If you believe that any content on the Search Scuba Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
- Service Fees
6.1 Search Scuba may charge fees to Dive Shops (“Dive Shop Fees”) and/or Divers (“Diver Fees”) (collectively, “Service Fees”) in consideration for the use of the Search Scuba Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page. All applicable fees, including the Service Fees, Security Deposit (if applicable), gear rental fee (if applicable), park fees, transportation costs, fees for any additional, optional items purchased and any applicable Taxes are referred to as “Total Fees”.
6.2 You are responsible for paying any Service Fees that you owe to Search Scuba. The applicable Service Fees (including any applicable Taxes) are collected by Search Scuba Payments.
- Ratings and Reviews
7.1 Divers and Dive Shops can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Search Scuba. Ratings and Reviews are not verified by Search Scuba for accuracy and may be incorrect or misleading.
7.2 Ratings and Reviews by Divers and Dive Shops must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Search Scuba’s Content Policy and Extortion Policy.
7.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
7.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Search Scuba Platform (such as the Listing page) together with other relevant information.
8.1 As a Dive Shop you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes (“Taxes”).
8.2 You understand that any appropriate governmental agency, department and/or authority (“Tax Authority”) where your Dive Shop is located may require Taxes to be collected from Divers or Dive Shops on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Dive Shops, a set amount per day, or other variations, and are sometimes called “transient occupancy taxes,” “hotel taxes,” “lodging taxes,” “city taxes,” “room taxes” or “tourist taxes” (“Occupancy Taxes”).
8.3 In certain jurisdictions, Search Scuba may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Divers or Dive Shops, in accordance these Terms (“Collection and Remittance”) if such jurisdiction asserts Search Scuba or Dive Shops have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Search Scuba (via Search Scuba Payments) to collect Occupancy Taxes from Divers on the Dive Shop’s behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Occupancy Taxes, if any, collected and remitted by Search Scuba will be visible to and separately stated to both Divers and Dive Shops on their respective transaction documents. Where Search Scuba is facilitating Collection and Remittance, Dive Shops are not permitted to collect any Occupancy Taxes being collected by Search Scuba relating to their Dive Shop in that jurisdiction.
8.4 You agree that any claim or cause of action relating to Search Scuba’s facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Search Scuba in connection with facilitation of Collection and Remittance, if any. Divers and Dive Shops agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Search Scuba from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.
8.5 Search Scuba reserves the right, with prior notice to Dive Shops, to cease the Collection and Remittance in any jurisdiction for any reason at which point Dive Shops and Divers are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Dive Shops in that jurisdiction.
- Prohibited Activities
9.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Search Scuba Platform. In connection with your use of the Search Scuba Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the Search Scuba Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Search Scuba endorsement, partnership or otherwise misleads others as to your affiliation with Search Scuba;
- use the Search Scuba Platform in connection with the distribution of unsolicited commercial messages (“spam”);
- offer, as a Dive Shop, any Dive Shop Service that you do not yourself operate or cannot make available through the Search Scuba Platform;
- contact another Member for any purpose other than asking a question related to the Member’s use of the Search Scuba Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- use, display, mirror or frame the Search Scuba Platform or Collective Content, or any individual element within the Search Scuba Platform, Search Scuba’s name, any Search Scuba trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Search Scuba Platform, without Search Scuba’s express written consent;
- dilute, tarnish or otherwise harm the Search Scuba brand in any way, including through unauthorized use of Collective Content, registering and/or using Search Scuba or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Search Scuba domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Search Scuba Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Search Scuba or any of Search Scuba’s providers or any other third party to protect the Search Scuba Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Search Scuba Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Search Scuba Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
9.2 You acknowledge that Search Scuba has no obligation to monitor the access to or use of the Search Scuba Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Search Scuba Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Search Scuba in good faith, and to provide Search Scuba with such information and take such actions as may be reasonably requested by Search Scuba with respect to any investigation undertaken by Search Scuba or a representative of Search Scuba regarding the use or abuse of the Search Scuba Platform.
9.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Search Scuba by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Term and Termination, Suspension and other Measures
10.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Search Scuba terminate the Agreement in accordance with this provision.
10.2 You may terminate this Agreement at any time by sending us an email.
10.3 Unless your Country of Residence is the United States, without limiting our rights specified below, Search Scuba may terminate this Agreement for convenience at any time by giving you thirty (30) days’ notice via email to your registered email address.
10.4 Search Scuba may immediately, without notice, terminate this Agreement and/or stop providing access to the Search Scuba Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Search Scuba believes in good faith that such action is reasonably necessary to protect the personal safety or property of Search Scuba, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
10.5 In addition, Search Scuba may take any of the following measures to (i) comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Search Scuba Account registration, Listing process or thereafter, (iv) you and/or your Listings or Dive Shop Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Search Scuba otherwise becomes aware of or has received complaints about your performance or conduct, or (vi) Search Scuba believes in good faith that such action is reasonably necessary to protect the personal safety or property of Search Scuba, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- limit your access to or use of the Search Scuba Platform;
- temporarily or permanently revoke any special status associated with your Search Scuba Account; and
- temporarily or in case of severe or repeated offenses permanently suspend your Search Scuba Account and stop providing access to the Search Scuba Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Search Scuba and an opportunity to resolve the issue to Search Scuba’s reasonable satisfaction.
10.6 When this Agreement has been terminated, you are not entitled to a restoration of your Search Scuba Account or any of your Member Content. If your access to or use of the Search Scuba Platform has been limited or your Search Scuba Account has been suspended or this Agreement has been terminated by us, you may not register a new Search Scuba Account or access and use the Search Scuba Platform through a Search Scuba Account of another Member.
10.7 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
11.1 If you choose to use the Search Scuba Platform or Collective Content, you do so voluntarily and at your sole risk. The Search Scuba Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
11.2 You agree that you have had whatever opportunity you deem necessary to investigate the Search Scuba Services, laws, rules, or regulations that may be applicable to your Listings and/or Dive Shop Services you are receiving and that you are not relying upon any statement of law or fact made by Search Scuba relating to a Listing.
11.3 If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
11.4 You agree that some Dive Shop Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Dive Shop Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Dive Shop Services. You assume full responsibility for the choices you make before, during and after your participation in a Dive Shop Service or the Group Payment Service. If you are bringing a minor as an additional Diver, you are solely responsible for the supervision of that minor throughout the duration of your Dive Shop Service and to the maximum extent permitted by law, you agree to release and hold harmless Search Scuba from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Dive Shop Service or in any way related to your Dive Shop Service.
11.5 The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
12.1 Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Search Scuba Platform and Collective Content, your publishing of any Listing via the Search Scuba Platform, your participation in any Dive Shop Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Search Scuba nor any other party involved in creating, producing, or delivering the Search Scuba Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Search Scuba Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Search Scuba Platform, or (iv) from your publishing of a Listing, including the provision or use of a Listing’s Dive Shop Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Search Scuba has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Search Scuba and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Search Scuba’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
12.2 If your Country of Residence is in the EU, Search Scuba is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Search Scuba is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Search Scuba in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract, but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Search Scuba is excluded.
You agree to release, defend (at Search Scuba’s option), indemnify, and hold Search Scuba and its affiliates and subsidiaries, including but not limited to, Search Scuba Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Search Scuba Platform or any Search Scuba Services, (iii) your interaction with any Member, participation in a Dive Shop Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Search Scuba’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
- Dispute Resolution and Arbitration Agreement
14.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) Country of Residence is in the United States; or (ii) your Country of Residence is not in the United States, but bring any claim against Search Scuba in the United States (to the extent not in conflict with Section 19).
14.2 Overview of Dispute Resolution Process. Search Scuba is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 17.1 applies: (1) an informal negotiation directly with Search Scuba’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 17 and except as provided in Section 17.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
14.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Search Scuba each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Search Scuba’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
14.4 Agreement to Arbitrate. You and Search Scuba mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Search Scuba Platform, the Dive Shop Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Search Scuba agree that the arbitrator will decide that issue.
14.5 Exceptions to Arbitration Agreement. You and Search Scuba each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
14.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
14.7 Modification to AAA Rules – Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Search Scuba agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Search Scuba both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
14.8 Modification of AAA Rules – Attorney’s Fees and Costs. You and Search Scuba agree that Search Scuba will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Search Scuba agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
14.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
14.10 Jury Trial Waiver. You and Search Scuba acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
14.11 No Class Actions or Representative Proceedings. You and Search Scuba acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Search Scuba both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.
14.12 Severability. Except as provided in Section 17.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
14.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Search Scuba changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Search Scuba’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Search Scuba in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).
14.14 Survival. Except as provided in Section 17.12 and subject to Section 13.8, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Search Scuba Platform or terminate your Search Scuba Account.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Search Scuba Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Search Scuba Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Applicable Law and Jurisdiction
16.1 If your Country of Residence is the United States, these Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 17 must be brought in state or federal court in New York, New York, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in New York, New York.
- General Provisions
17.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Search Scuba and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Search Scuba and you in relation to the access to and use of the Search Scuba Platform.
17.2 No joint venture, partnership, employment, or agency relationship exists between you and Search Scuba as a result of this Agreement or your use of the Search Scuba Platform.
17.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
17.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
17.5 Search Scuba’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
17.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Search Scuba’s prior written consent. Search Scuba may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
17.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Search Scuba via email, Search Scuba Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Search Scuba transmits the notice.
17.8 If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Search Scuba Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.
17.9 If you have any questions about these Terms please email us.