Please read the following terms and conditions relating to your use of this site carefully. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes. By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these terms and conditions of use, please do not use this site.

Scope of Terms and Conditions

These terms and conditions apply to your use of all of the sites and services owned or operated by Devocean Diving, and affiliated companies (collectively "Devocean Diving" or "we," "us," or "our"), including devoceandiving.com and any other site that we have owned or operated, do own and operate or may own or operate in the future (collectively, the "Devocean Diving Sites"). Unless we say otherwise, all references to the Devocean Diving Sites in these terms and conditions include all such sites. These terms and conditions do not apply to your use of unaffiliated sites to which any of the Devocean Diving Sites only links.

Restrictions on Use of Materials

The contents of this site are protected by copyright and trademark laws, and are the property of Devocean Diving and any other owners. Unless we say otherwise, you may access the materials located within the Devocean Diving Sites only for your personal use. This means you may download one copy of posted materials on a single computer for personal, non-commercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Devocean Diving Sites. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, display or commercially exploit any material from the Devocean Diving Sites. To seek our permission, you may write to Devocean Diving, PO Box 572, Kwangwanase 3973, KwaZulu-Natal, South Africa. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained in any of the Devocean Diving Sites.

Links

These terms and conditions apply only to the Devocean Diving Sites, and not to the sites of any other companies or organizations, including those to which any of the Devocean Diving Sites may link. We are not responsible for the availability of any other site to which any of the Devocean Diving Sites links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster. Other sites may link to any of the Devocean Diving Sites only through a plain-text link. Permission must be granted by us for any other type of link to the Devocean Diving Sites. To seek our permission, you may write to Devocean Diving, PO Box 572, Kwangwanase 3973, KwaZulu-Natal, South Africa. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any of the Devocean Diving Sites, at our discretion at any time.

Submissions

We welcome your comments about any of the Devocean Diving Sites. However, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission. If you are submitting something to a site that has set up a submissions policy, please consult that site for its specific requirements.

Disclaimers

The services, products and materials on this site are provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Neither Devocean Diving nor any of its affiliated companies nor any of its or their respective licensors or suppliers warrant that any functions contained in the Devocean Diving sites will be uninterrupted or error-free, that defects will be corrected, or that the Devocean Diving sites or the server that makes them available are free of viruses or other harmful components. Neither Devocean Diving nor any of its affiliated companies nor any of its or their respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of the services, products or materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Devocean Diving or any of its affiliated companies or any of its or their respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any products or services offered on the Devocean Diving Sites. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.

Limitation of Liability

Under no circumstances, including but not limited to negligence, will Devocean Diving or any of its affiliated companies or any of its or their respective licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on the Devocean Diving sites, or any products or services provided pursuant to the Devocean Diving sites, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by Devocean Diving or any of its affiliated companies or any of its or their respective licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to Devocean Diving, if any, for accessing the Devocean Diving sites.

No Personal Advice

The information contained in or made available through sites such as devoceandiving.com (including but not limited to information contained on in text files, articles or presentations) cannot replace or substitute for the services of trained professionals in any field. In particular, you should undergo a proper training to perform any diving attempts. Neither Devocean Diving nor any of its affiliated companies nor any of its or their respective licensors or suppliers make representations or warranties concerning any action by any person following the information offered or provided within or through the Devocean Diving Sites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Jurisdictional Issues

We control and operate this site from our offices in the Republic of South Africa. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the Republic of South Africa or courts located in the Republic of South Africa, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and Devocean Diving relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to Devocean Diving, PO Box 572, Kwangwanase 3973, KwaZulu-Natal, South Africa

Your Acceptance of These Terms

By using any of the Devocean Diving Sites, you signify your acceptance of our Terms of Use. If you do not agree to this policy, please do not use our sites. Your continued use of the Devocean Diving Sites following the posting of changes to these terms will mean that you accept those changes.

(Last modified on September 26, 2002.)

DEVOCEANDIVING.COM ONLINE PRIVACY POLICY

We are committed to protecting the privacy and security of the users of our sites. This privacy policy will advise you about how we protect your personal information, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please your comments to Devocean Diving, PO Box 572, Kwangwanase 3973, KwaZulu-Natal, South Africa.

Scope Of Privacy Policy

This policy applies to your use of all of the sites and services owned or operated by Devocean Diving, and affiliated companies (collectively "Devocean Diving" or "we," "us," or "our"), including devoceandiving.com and any other site that we may own or operate currently or in the future (collectively, the "Devocean Diving Sites"). Unless we say otherwise, all references to the Devocean Diving Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the Devocean Diving Sites only links.

Personal Identification Information

We will never intentionally disclose any personal identification information about you as an individual user (such as, for example, your full name, street address, telephone number or E-mail address) to any third party without having received your permission. We may request personal identification information from you in connection with your use of, or participation in, our contests, surveys, forums, subscription registrations, content submissions, requests for suggestions, visitors' requests for free products or services, booking for holidays or additional information, and in connection with other activities, services or resources we make available on any of our sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us. If you do provide us with personal information, we may use it to conduct the activities described above. If you identify yourself to us by sending us an E-mail with questions or comments, we may use your personal information to respond to your questions or comments. We may file your comments for future reference, or we may discard the information after we have reviewed it. If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you E-mails to introduce a product or service that we think might be of interest to the users of our sites. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth below at the end of an automatic E-mail message sent to you after you "opt-in". Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, E-mail address, telephone number or other personal identification information is needed. We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Devocean Diving Sites, or a physical threat to you or others. Please note that if you give out personal information online - for example, through advertising on Devocean Diving Sites - that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you submit in advertisements. You disclose such information at your own risk.

Privacy of Children

Devocean Diving understands that young people need special safeguards and privacy protection. We realize that they may not understand all the provisions of our policy or be able to make thoughtful decisions about the choices that are made available to our adult users. We urge all parents to participate in their children's exploration of the Internet and any online services, and to teach their children about protecting their personal information while online. The Devocean Diving Sites are not directed to children under the age of 14. Devocean Diving knowingly will not collect personally identifiable information from children under 14. Note to Parents. If you have any concerns about the Devocean Diving Sites or their related services, please send your comments to Devocean Diving, PO Box 572, Kwangwanase 3973, KwaZulu-Natal, South Africa.

Non-Personal Identification Information And The Use Of Cookie Technology

We collect non-personal identification information through the use of "cookie" technology and/or IP address tracking. Non-personal identification information might include the browser you use, the type of computer, the operating systems, the Internet service providers and other similar information. Our system also automatically gathers information about the areas you visit on our sites and about the links you may select from within our site to other areas of the World Wide Web or elsewhere online. We use such information in the aggregate to understand how our users as a group use the services and resources provided on our sites. This way we know which areas of our sites are favourites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our sites. We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information.

Some of our advertisers may display ads on our sites which solicit or contain technology to collect information about our users for the advertisers, but we will not permit such advertisers to collect any personal information from our users within our sites. Most browsers are set to accept cookies. You can set your browser to refuse cookies, or to alert you when cookies are being sent.

Links To Other Sites

Users will find advertising or other contents on our sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. In many cases, the links represent cooperative projects or are mutual links established with persons or entities connected with our sites. Although we initially visit the sites or services that are so linked, we do not control the contents or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

Your Acceptance of Privacy Policy

By using any of the Devocean Diving Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our sites. Your continued use of the Devocean Diving Sites following the posting of changes to these terms will mean that you accept those changes.

(Last modified on September 26, 2002.)