The Conditions (as defined below) apply to the access to and use of Divespy, and to any correspondence by e-mail between you and us. Please read these terms carefully before using Divespy. Using Divespy indicates that you accept the General Conditions regardless of whether or not you choose to become a Member. If you do not accept the General Conditions, do not use Divespy.
We may revise the Conditions at any time by updating this posting. You should check Divespy from time to time to review the current version of the Conditions because they are binding on you. Certain provisions in the Conditions may be superseded by expressly designated legal notices located on particular pages of Divespy.
Any rights not expressly granted in these terms are reserved.
Divespy acts as a neutral venue. We are not a diving service provider, freight forwarder, broker or intermediary of any sort.
Divespy means all content running under the domain www.divespy.com and all services related to it and provided by Us;
User is any visitor or registered Member of Divespy;
Member means a person who has an account with Divespy;
Membership means the status of being a Member.
3. ACCESS TO DIVESPY
Access to Divespy may be suspended temporarily and without notice in the case of a system failure, maintenance or repair or for any reasons beyond our control.
We may, at our sole discretion, restrict your access to Divespy and/or refuse to correspond with you without prior notice where:
- there is a regulatory or statutory change limiting our ability to provide access to Divespy;
- there is any event beyond our reasonable control preventing us from providing access to Divespy (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
- we consider that you are abusing Divespy or are otherwise acting in breach of the Conditions.
We shall not be liable if, for any reason, Divespy is unavailable at any time or for any period.
4. CONTENT PROVIDED BY US
The contents of Divespy are provided "as is", and we provide no warranties in respect of such contents.
We do not warrant the accuracy or completeness of the material on Divespy. We may make changes to the material on Divespy at any time and without notice. The material on Divespy may be out of date, and we make no commitment to update such material.
5. CONTENT PROVIDED BY YOU
You are responsible for placing any content you produce on Divespy including, but not limited to graphics, photographic content, links to third party websites etc.
You are prohibited from posting or transmitting to or from Divespy any material:
- that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- for which you have not obtained all necessary licences and/or approvals;
- which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, is otherwise unlawful or infringes the rights of any third party, in any country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse Divespy (including, without limitation, by hacking).
We will co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone posting any material in breach of this clause.
If you would like to link to Divespy , you may only do so on the basis that you link to, but do not replicate, the home page of Divespy, and subject to the following conditions:
- you do not misrepresent your relationship with us nor present any other false information about it;
- you do not otherwise use any trade marks owned by Divespy (whether these are registered or unregistered) which are displayed on Divespy without our express written permission;
- you shall fully indemnify us for any loss or damage that we may suffer for breach of this clause.
- You agree not to register any domain name that includes the word Divespy; infers it is connected to us or in any way casts aspersions on us.
You are permitted to view, print and download extracts from Divespy for your own use on the basis that:
- no documents or related graphics on Divespy are modified in any way;
- no graphics on Divespy are used separately from the corresponding text; and
- our copyright notices and this permission notice appear in all copies.
The extent permitted by law we hereby exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with Divespy or in connection with the use, inability to use, or results of the use of Divespy, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Unless otherwise specified, Divespy is directed solely at those who access it from England and Wales. Should you choose to access Divespy from locations outside England and Wales then you will be responsible for compliance with local laws if and to the extent local laws are applicable.
You warrant that it is legal for you to view Divespy in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing or using its contents.
A failure or delay in enforcing compliance with one or more provisions of these Conditions shall not constitute a waiver of any other provision of these Conditions.
No provision of the Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.
If any provisions of the Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The Conditions constitute the entire agreement between ourselves as to your use of Divespy and shall supersede any prior agreement or representation in respect thereof.
Any and all notices to be given by either one of us to the other pursuant to or in connection with the Conditions shall be deemed sufficiently given when forwarded by e-mail or facsimile transmission in each case addressed to you at any e-mail address or facsimile number you have given us or to us at the e-mail address or facsimile number displayed at the start of these General Conditions.
The Conditions are governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.
www.divespy.com is operated by Bunt Ltd, which is registered in England and Wales.