Terms and Conditions - SmarterDiveCharters.com.au

Terms and Conditions

In these Terms and Conditions "We", "Us" or "Our" refers to Prudent Process Pty. Ltd, ABN: 67 078 281 339 ("SmarterDiveCharters.com"). "You" means user of, member of, or subscriber to SmarterDiveCharters.com website ("Site"). "Content Provider" refers to an entity that authors, alters and deletes content and material on SmarterDiveCharters.com website ("Site"). "Charter" refers to any charter business listed on our Site or recommended by Us.


Agreement
By accessing, using or subscribing to the Site, You agree to be bound by the terms and conditions listed below. We may alter this agreement at any time, effective upon Us publishing the alterations on the Site. It is essential that You understand these Terms and Conditions before accessing, using or subscribing to Our Site. It is also important that you revisit these Terms and Conditions.


Membership and Subscription
* As a member, You are permitted to create a single account for yourself. You are not permitted to create multiple member profiles
* You must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by altering your details on The Site
* You must provide a login name and password. You are entirely responsible if you do not keep your login name and password confidential. You are entirely responsible for any and all activities that occur under your login name
* You may change your password, or delete your account at any time by following instructions on the Site
* You agree to immediately notify Us of any unauthorized use of your login name, any breach of security of any illegal act target Us
* All personal information you provide to us will be treated in accordance with our Privacy Policy


Site Conduct
To ensure the best Site experience is possible, we prohibit certain behaviour by You.  This includes, but is not limited to:
* Accessing or attempting to access data that has no relationship with You, or is not intended for You
* Using Our Site or computer systems to send unsolicited messages including SPAM
* supplying data or content to the Site that is offensive to other users
* supplying data or content to the Site involving nudity, pornography,  sexual references/innuendo, defamatory material, bigotry or being racist, sexist, discriminating, harassment or any kind of harm against any group or individual
* data of content containing threats or intimidation
* misrepresentations or fraudulent behaviour
* any illegal behaviour
* create links to link to another web site or resource that is not approved
* Interruption to the Site using including denial of service attacks, distributed denial of service attacks, SQL Injection attacks, altering of data or content etc

You are solely responsible for Content that you supply or post on the Site. If deemed inappropriate, we reserve the right to modify, delete or suppress any information, image or content.


Termination and Suspension by Us
We reserve the right to, without limitation, do any or all of the following in relation to your Membership/Subscription:
* suspend your membership/subscription
* permanently or temporarily hide all or part of your profile
* modify your Site profile
* terminate your membership/subscription for any reason by providing notice to You by email
* terminate your membership/subscription immediately without notice to You if you have committed a breach of these Terms and Conditions
* permanently or temporarily block your access to all or part of the Site
* deactivate your membership/subscription if you have not used the Site for a period of 12 months or more


Termination by You
You may terminate for any reason but must provide written notice to Us. You can provide notice of termination by:
* Login to the Site, follow the links, provide reason and select "Terminate Account"
* Mailing the request to our postal address listed on the site 

If you are a paying Subscriber, you reasons for termination will be reviewed. If found to be appropriate and reasonable, You will be offered a pro-rata refund of subscription fees already paid by You.  A $20 processing charge will be deducted from that refund amount.


No Site Guarantees
We provide no warranty to You that the services or material available through the Site will be uninterrupted or error-free or that defects in the service will be corrected. You also understand that We, despite our best efforts, do not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or worms, viruses, Trojan horses or other code that manifest intrusive, contaminating or destructive properties. 

You are responsible for implementing necessary procedures and checks to satisfy data accuracy and for maintaining a means external to the Site for the restoration of any lost or misplaced data.

While We take all due care in ensuring the privacy and security of the information you provide, the possibility exists that this information could be unlawfully viewed by a third party while in being communicated over the Internet or while stored on Our systems or displayed on Our Site. We disclaim all liability to You to the greatest extent should this occur.

We provide no warranty to You that the material available through the Site is entirely accurate or current. Site material provided by Content Providers and Us, inclusive of but not restricted to pricing and availability, are subject to change without notice.


Endorsements
We provide no guarantees or endorsements of sites or resources that we reference. We will not be liable for any loss, damage or litigation resulting from using a link to another web site or resource.  We accept no responsibility for the accuracy or reliability of any data, information, opinions, advice or statements made on such sites.


Complaints and Disputes
All complaints and disputes will be dealt with in a professional manner and can be made in two ways:
* connect to the Site, follow the links to the "Contact Us" page;
* Mailing the request to our postal address listed on the site


Acceptance of Risk, Indemnity and Release from Liability
In using this Site, You accept that there are risks with dealing with members of the public you previously have no relationship with.  Therefore this is a risk using Information on this Site.  You acknowledge that you use this Site at your own risk.

We disclaim all responsibility for material and content posted on this Site and all liability (including without limitation, liability in negligence) for all harm, expenses, losses, legal fees, damages or costs You incur as a direct result of Your use of this Site.

In using this Site, You acknowledge that We make no warranties or representation as to the quality, accuracy or completeness of the Information provided by other parties.

in the event that You have a dispute with another Site Member you will need to personally negotiate the resolution of that dispute. You also acknowledge that We are in no way responsible for the payment or refund of monies exchanged between You and other users of the Site.

You release Our directors, agents, affiliates, subsidiaries and employees from claims (including but not limited to ) actual, special, direct, indirect and consequential damages arising directly or indirectly out of or in any way connected to the Site, whether that be negligence by other Site Members/Subscribers or Your use of the Site.

We provide no checks or endorsements that listed or recommended Charters 1. are registered, endorsed and permitted to operate by relevant Government authorities and 2. carry appropriate 
 level of insurance relating to indemnity, liability and loss. You are responsible for these checks.


Copyright and Intellectual Property
The content and trademarks of this Site are owned by Prudent Process Pty. Ltd, ABN: 67 078 281 339 Trading As "SmarterDiveCharters.com" and protected by Australian and International copyright and other intellectual property laws.

We own and retain all proprietary rights in and relating to The Site. Proprietary rights in and relating to the Site must not be used in any way without our prior written consent. You may only create a link to this Site after first having gained Our express permission in writing.  You may download material from the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

You also agree not to use any robot, device or process to in any way reproduce, "frame" or "mirror" any part of the Site.


General
You agree that the Terms and Conditions will be governed by the laws of Queensland (Australia) and you agree to submit to the jurisdiction of that State.

Any failure by Us to enforce any of the provisions of these terms and conditions or any of its rights will not be a waiver of such provisions, rights or elections or affect the validity of Our terms and conditions.

No part of these terms and conditions will be construed to be dependent upon any other part (unless explicitly stated). If any part of Our terms and conditions is illegal, invalid or otherwise being incapable of enforcement, the remainder will prevail and be fully enforceable.
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