Terms and Conditions

INTRODUCTION

This website is operated by C DRAGON & OCEAN DIVERS. These terms and conditions apply to the use of the cdragon.com.au website. Throughout the website, the terms “we”, “ us” and “our” refer to C DRAGON & OCEAN DIVERS while, “You” and “Your” refers to you, the customer, visitor, website user or person (any) using our website.

By accepting from C DRAGON & OCEAN DIVERS delivery of the scuba equipment, other products and/or services and support described on that invoice you agree to be bound by and accept these terms and conditions.

C DRAGON & OCEAN DIVERS reserve the right to change, modify, add, or remove sections of these terms and conditions at any time, without formal notice. It is your responsibility to ensure you are up to date and you are responsible for reading and understanding our Terms and Conditions.

These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Your use of our website and by using tour website, you expressly accept all terms and conditions contained herein in full. You must not use our website, if you have any objection to any of these Terms and Conditions.

GENERAL CONDITIONS

We reserve the right to refuse anyone for any reason at any time from visiting our website and/or purchasing a product or service from us. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit, use or sell any portion of our website, services, products or information, or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

MARKETING

Any photos taken or video footage taken by C DRAGON & OCEAN DIVERS remains the property of C DRAGON & OCEAN DIVERS and may be utilised for promotion purposes.

RESTRICTIONS

You are expressly and emphatically restricted from all of the following:

publishing any of our website material in any media (unless agreed in writing); selling, sublicensing and/or otherwise commercialising any of our website material;

publicly performing and/or showing any our website material;

using our website in any way that is, or may be, damaging to our website; using our website in any way that impacts user access to our website;

using our website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to our website, or to any person or business entity;

engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to our website, or while using our website;

using our website to engage in any advertising or marketing;

THIRD PARTY WEBSITES

This website provides links to other websites. C DRAGON & OCEAN DIVERS has no direct control over linked website content or changes to their content. These links are for Your convenience only and do not signify that C DRAGON & OCEAN DIVERS endorse or undertake any responsibility for the content of or any transactions that You enter relating to those linked sites. Use of third-party websites is entirely at Your own risk.

When we link to external websites and any applications they use (such as Twitter, Facebook, LinkedIn and YouTube) we aren’t endorsing or recommending any related material, products or services. You are responsible for being aware of the organisation hosting websites you visit. Third party material that we include on this site, does not necessarily reflect our views.

YOUR PRIVACY

C DRAGON & OCEAN DIVERS follow the Australian Privacy Principles (APPs) under the Privacy Act 1988. This regulates how we collect, use and disclose your personal information and we use the information we collect about you to maximise the products and services we provide to you.

IMITATION OF LIABILITY

C DRAGON & OCEAN DIVERS make every effort to provide accurate and up-to-date material and information on our website, however C DRAGON & OCEAN DIVERS does not guarantee, and accepts no legal liability, for the accuracy, reliability, currency or completeness of any material and information on our website.

You agree and accept that C DRAGON & OCEAN DIVERS, will not be liable for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, you might suffer related to your use of our website or reliance on any information on our website or from omissions in our documents or information, an any goods or services we may offer or from any other use of the website. By entering and using this website, you release C DRAGON & OCEAN DIVERS represented by oceandivers.com.au, from all liability for claims, losses, expenses, damages, and costs you incur as a result of relying on the information on this website, or any products or services that may be offered through it.

Your use of our website, including acting on information provided herein (including third party content, links, comments or advertisements) via this website, is done at your sole risk.

This includes liability relating to you taking on all risks of using the site, including risks to your computer, software or data. C DRAGON & OCEAN DIVERS does not warrant our servers or electronic communications sent from C DRAGON & OCEAN DIVERS are free from viruses or any other harmful components nor will we be liable for any damages arising as a result of using C DRAGON & OCEAN DIVERS services.

COMMUNICATION CONFIRMATION AND ACKNOWLEDGEMENT

C DRAGON & OCEAN DIVERS utilise electronic methods of communication such as email and SMS for all our dive course, trips, and travel adventures. Please ensure you always provide up to date information regarding your email and phone number to us, to ensure we can provide you with all vital information pertaining to your course, dive trip or dive travel which may include reminders, meeting times, course times and cancellations or reschedules.

In agreeing to our Terms and Conditions, you are acknowledging that you will supply C DRAGON & OCEAN DIVERS with all up-to-date contact details, including phone number and email and that you will check your email inbox and phone and respond promptly if we have requested such.

COURSE PREREQUISITES

Please check the course page for the specific prerequisites required to ensure you comply.

Please note that PADI requires that all training for the Open Water Diver course must be completed within 6 months of commencement.

CONDUCT WHILST ON COURSE

You agree and will always follow the direction of C DRAGON & OCEAN DIVERS staff to ensure a safe and smooth operation. You will listen to all briefings and seek advice if you do not understand any part of the brief.

C DRAGON & OCEAN DIVERS reserves the right to refuse to carry any passenger, baggage, or goods without assigning any reason.

BOOKING CONFIRMATION

To make a booking, deposit of AUD$150 payment at the time of booking must be made.

At the time of making a payment you agree to these terms and conditions, and you have until close of business the following day to cancel without penalty after reviewing these terms and conditions.

Please note that PADI requires that all training for the Open Water Diver course must be completed within 6 months of commencement.

FORMS

All divers undertaking a course will be required to complete the appropriate form/s prior to starting your course. These include:

Enrolment Form which will be sent at the time of booking

Dive Medical Form – which may be required to be submitted prior to your course. Please check all forms sent to you to see if the dive medical will be needed.

PADI Reactivate Course may be required if you have not dived in the last 6 months.

COURSE CANCELLATIONS & RESCHEDULES

There are no refunds if you change your mind after making your booking and payment has been made.

C DRAGON & OCEAN DIVERS reserves the right at any time to cancel any course dive. If, in the opinion of the instructional staff, who complete the risk assessment on the conditions, the dive cannot be continued for any reason, then the Instructional staff may cancel the course dive at any time.

All courses are subject to minimum numbers and may be cancelled or have schedule changes (with or without notice) for a variety of reasons, including, but not limited to bad weather conditions and technical disruptions.

The minimum number of participants must be met on any given course, if the course is postponed due to insufficient numbers you will be scheduled on the next available course that suits you.

In the event the course has been postponed due to weather (or for whatever reason) you will be scheduled on the next available course that suits you.

In the event the course has been postponed, you will be scheduled on the next available course that suits you.

No expense or cost reimbursements are available as a result of a cancelled course dive. C DRAGON & OCEAN DIVERS will not be responsible for paying costs or expenses you may incur as a result of change of time or cancellation of a course dive.

If you fail the medical pre-screening on the day because you have not read the documentation you will forfeit your booking and all monies paid.

Dive course times are subject to change. Confirmation of the course dive will depend on the sea conditions and weather. We will monitor this closely and if the weather or sea conditions are unsuitable, we will let you know as soon as we can. If we postpone, we will let you know the status of the dive course as soon as possible.

Once you start/commence a course and wish to cancel then no refund can be provided and all monies paid are forfeited.

REFUNDS

Refunds will be ONLY offered in instances where a student has been identified as permanently medically unfit to dive. A dive medical is required by a practicing General Practitioner that states you are Permanently Unfit to Dive in accordance with the RSTC Medical Statement. The refund amount is based on deducting a $50 administration fee, along with the associated course costs from your original invoice/purchase amount and is also based on providing C DRAGON & OCEAN DIVERS 7 days’ notice in writing.

C DRAGON & OCEAN DIVERS will not issue a refund if you simply change your mind about your course or due to a medical reason which is not permanent. We will, however, offer you a dive booking or course credit to the value of the purchase price – minus consumables such as course material (i.e. PADI eLearning Pass, Text Books, etc.) and subject to a cancellation fee $200 Open Water.

CHANGES TO YOUR BOOKING

If you decide to change your course booking within 7 days of the commencement date you will be charged a $100 transfer fee.

Changes to your booking outside of 7 days will be at no charge.

SEASICKNESS AND EQUALIZATION

Some divers may find themselves exposed to seasickness and equalization issues. In the event you find yourself dealing with seasickness or being unable to equalize, our staff will do everything within their power to ensure you are comfortable and safe. However, sea sickness and equalisation issues are not within our control, and as such we will not refund for inability to equalize or being seasick and not completing course dives. A rebooking fee of $50 will apply to rebook.

FAILURE TO SHOW UP (NO SHOWS)

If you fail to show up to your course at the date and time stipulated by us, without notification you will forfeit your entire booking. NO REFUNDS WILL BE PROVIDED.

Notification can be made by calling 03 9579 2600 or emailing info@oceandivers.com.au

INCLUSIONS AND EXCLUSIONS

For a detailed list of inclusions and exclusions please check the course page for the specific prerequisites required as well as the course exclusions.

All participants are required to have their own properly fitting personal snorkelling equipment consisting of Mask, Snorkel, and Boots.

TERMS AND CONDITIONS CHANGES

DIVE EQUIPMENT

You allow us to charge your credit card for any lost or damaged equipment. No refund will be issued for any dives not completed, including unused air.

IF YOU HAVE YOUR OWN DIVE EQUIPMENT,

You must have your BCD, tanks, weights, regulator, mask, snorkel, fins, wetsuit, dive computer, SMB, whistle, and any other items required/specific for your course. For night dives for your Night Diver specialty, you will be required to have TWO white light torches during your night dive. More information on what each course requires can be found on the specific course website page.

C DRAGON & OCEAN DIVERS will not take any responsibility for any damages or loss incurred when washing your gear or unloading your gear in or out of the shop.

IF YOU DON’T HAVE ALL YOUR EQUIPMENT,

All dive equipment required for a course can be hired or purchased from us.

HIRE TERMS AND CONDITIONS

You will be required to complete our Hire Rental Agreement.

FLYING AFTER DIVING

You will not fly within 24 hours from surfacing after your last dive. You hereby acknowledge your understanding that decompression sickness (DCS) can occur when you fly immediately after scuba diving due to the change in atmospheric pressure.

PHYSICAL FITNESS AND MEDICAL CONDITIONS

To participate in our courses, understand that you are physically and mentally capable to do so and portions of the courses will be conducted open water environments.

You further acknowledge that C DRAGON & OCEAN DIVERS will give no refunds because of seasickness, an inability to equalize or for any other reason that prevents you from participating fully.

You have no medical condition that would affect your ability to safely dive. You are not taking any medication that has not been approved by your physician for diving. You will not be under the effect of alcohol or drugs when doing our course.

Training Courses – General Terms & Conditions

All C DRAGON & OCEAN DIVERS training courses are to be completed within six (6) months from the enrolment date. Deferment or extension of validity period will not be granted for any C DRAGON & OCEAN DIVERS training course regardless of medical or personal reasons. No refund in full or in part will be given upon expiry of the validity period. To continue with the scuba program, the prevailing published rate for the scuba program will apply.

C DRAGON & OCEAN DIVERS does not take responsibility for any injuries, loss of personal belongings or death arising from the enrolment of any C DRAGON & OCEAN DIVERS training course. By signing an appropriate medical statement upon enrolment of any C DRAGON & OCEAN DIVERS training courses, participants are assumed to be in either a healthy condition or certified to dive by a licensed physician.

Participants should arrange to purchase their own insurance coverage while undertaking an C DRAGON & OCEAN DIVERS training course. C DRAGON & OCEAN DIVERS will not be responsible for any personal insurance coverage.

Participants are to complete all certification requirements for the C DRAGON & OCEAN DIVERS training course they have enrolled in within six (6) months. Failing which, participants will be required to redo either part of or the full scuba program or to participate in a scuba review program as determined by C DRAGON & OCEAN DIVERS Participants will bear the charges of the separate C DRAGON & OCEAN DIVERS training course at prevailing rates. Failure to participate in the program as determined by C DRAGON & OCEAN DIVERS or failure to pay the charges for the separate training program will result in non-certification regardless if participants have met the course requirements.

Training Courses – Payment & Cancellation Charges

Deposit must be made upon registration in any C DRAGON & OCEAN DIVERS training course and prior to receiving any training materials and full payment must be made prior to commencement of any theory, practical or pool sessions.

If a student cancels prior to commencing a course for any reason more than 7 days, a full refund may be considered but there will be an AUD $100 administration fee occurring. If a student cancels prior to commencing a course for any reason less than 7 days but more than 3 days, 50% of the amount paid will be considered to refund, but there will be a charge of AUD$100 administration fee.

If a student cancels prior to commencing a course for any reason within 3 days there will be no refund (medical or otherwise). Cancellation, refund, deferment or extension of validity period will not be granted, within 3 days, any training course regardless of medical or personal reasons. Should deferment be granted upon request, there will be a charge of AUD$100 administration fee.

If a student cancels the training course after theory and pool sessions have been completed but prior to the open water dives in the ocean, a refund will not be issued. No refunds will be given for course that have commenced, if a student is unwilling to complete the course. C DRAGON & OCEAN DIVERS reserves the right to reject any request due to invalid reason provided by students.

Should a refund be granted base on case to case request, refund will be given within 45 days depending on documents provided. C DRAGON & OCEAN DIVERS reserves the right to not entertain any request due to insufficient documents.

Promotional course prices are NOT refundable. Cancellation within 30 days no refund. For postponement of course less than 14 days, there will be a AUD $100 administration fee. If postpone of course is granted upon request, (Case to case basis) no refund or replacement is allowed.