Terms of service

Booking Terms and Conditions

Last Updated October 2024

 

These Terms and Conditions (“Terms”) govern the relationship between Nomadic Adventures Pty Ltd ABN:27664591155 trading as Nomadic Scuba (“Nomadic Scuba”, "we," "us," "our"), and you, our valued customer (“customer”, "you," "your").

 

By making a booking or using any of our services, you agree to these Terms. Please read them carefully as they contain important information about your rights, obligations, and the terms of your travel arrangements. We reserve the right to update, change, or replace any part of these Terms at our discretion. Any changes will be effective immediately upon posting to our website and will apply to all reservations made after the posting date. For existing bookings, any significant changes to Terms that may affect your booking will be communicated directly to you. Your confirmation of a reservation following any changes to these Terms constitutes your acceptance of the updated Terms.

 

Definitions

“Business Day” refers to any day except Saturday or Sunday or a Public Holiday in New South Wales Australia.

 

“Holiday” refers to the specific booking made by the customer that includes a combination of services and activities arranged by Nomadic Scuba, such as diving experiences, accommodation, transfers, and other travel-related services, facilitated through various service providers to create an adventure for the customer.

 

“Party” refers to the group of individuals included in a booking, represented by the Party Leader. The Party may consist of the Party Leader and any additional participants for whom the Party Leader has made arrangements with Nomadic Scuba.

 

“Party Leader” refers to the individual who makes a booking on behalf of themselves and, where applicable, any additional participants in the booking ("the Party"). The Party Leader is responsible for all communications with Nomadic Scuba, ensuring all information is accurate and complete, and for making payments on behalf of the entire Party. The Party Leader assumes responsibility for the actions of the Party and confirms acceptance of the terms and conditions on behalf of all members.

 

“Services” refers to the range of offerings provided by the Nomadic Scuba as a specialised diving travel intermediary, including the arrangement and facilitation of diving experiences, accommodation bookings, transportation and transfer services, and coordination with various service providers to create a comprehensive and enjoyable holiday experience for customers.

 

1. Our Services

We are a specialised diving travel intermediary, connecting adventure seekers with exceptional diving experiences worldwide. We act as an intermediary between you and various service providers, including diving operators, dive professionals, dive ambassadors and schools, accommodation providers, transfer and transportation services and other travel-related service providers.

 

2. Modifications to the Service

We continually review and refresh our travel offerings to provide the best possible options for our customers. We reserve the right to modify our available travel packages and services that have not yet been booked. This may include introducing new destinations, discontinuing certain holiday packages, adjusting available accommodations or activities, changing potential service providers, or updating pricing for future bookings. These changes apply only to new bookings and do not affect holidays that have already been confirmed. We are not liable for any inconvenience if a previously viewed but unbooked travel option is no longer available when you decide to make your reservation. We recommend booking promptly when you find a holiday option that suits your needs

 

3. Making a Booking 

3.1 We reserve the right to decline any booking request at our absolute discretion. All bookings are subject to availability. To secure a booking, a deposit payment must be made via our online checkout. Once we have received your complete booking request along with the required deposit payment of 30% of the total booking cost and any other payments as specified in Section 4, we will process your booking and issue a confirmation invoice. This confirmation will be sent to you within 1 business day. Your booking is not confirmed until we send you a confirmation invoice. Please note that the contract between you and Nomadic Scuba becomes legally binding on the date we send your invoice.

 

3.2 By making a booking, you, as the person who makes the booking (“Party Leader”) guarantees that:

 

a)     You are over the age of 18 years and have the authority to accept and do accept on behalf of all persons detailed on the booking (“Party”, “Parties”) these Terms;

b)     You accept financial responsibility for payment of the booking on behalf of all Parties;

c)     All members of the Party are of the appropriate age to engage in our Services;

d)     You are responsible for the accuracy of all information including personal details in respect to yourself and your Party;

e)     You consent to our use of personal information of yourself and your Party in accordance with our Privacy Policy at https://www.nomadicscuba.com/policies/privacy-policy;

f)      You appreciate and accept the risks involved in scuba diving;

g)     All members of the Party have read these Terms and agree to be bound by them; and

h)     You and all members of your Party do not suffer from any pre-existing medical condition or disability which may prevent you or any Party from actively participating in scuba diving.

 

3.3 Your confirmation invoice will be sent directly to the Party Leader. This invoice will contain the total cost of your Holiday, clearly showing the deposit amount you have paid, as well as any remaining balance that will be due. We will also include detailed information about the third-party services that form part of your booking, such as accommodation and diving providers. As the Party Leader, you have the responsibility to carefully review all the information contained in the confirmation invoice. It is essential that you ensure all details are correct and complete. Should you find any discrepancies or if any information appears to be incorrect or incomplete, we ask that you contact us immediately.

 

3.4 We understand that sometimes changes may be necessary. You will have 14 business days from the receipt of your confirmation invoice to notify us of any errors that need correction. We kindly ask that you be aware that any changes requested after this 14-day period may result in additional fees.

If you do need to make any changes to your booking, we ask that you contact us as soon as possible. Please clearly state what needs to be corrected, and we will advise you of any applicable fees or implications of these changes. Once we have processed your requested modifications, we will issue a revised confirmation for your records.

 

3.5 If you have any special requests, you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Failure to meet any special request shall not constitute a breach of contract on our part unless the request has been specifically confirmed by us. We do not accept bookings that are conditional upon any special request being met.

 

3.6 While we strive to ensure all information is accurate, please be aware that as we act as an intermediary, some details about your diving activities will be provided by our third-party diving operators. Upon receiving your confirmation, you should review any specific requirements or conditions that these operators may have. We will facilitate communication with these providers, but their own terms and conditions will apply to the services they deliver.

 

4. Payment and Pricing Terms

4.1 All transactions are processed in Australian Dollars (AUD) and for Australian customers are inclusive of Goods and Services Tax (GST). Notwithstanding that prices may be displayed in various currencies on our website for reference purposes, the final charge will be processed in AUD. The actual amount charged in other currencies may vary due to exchange rates and financial institution fees. All payments are securely processed through Shopify Payments.

 

4.2 Bookings can be secured via credit or debit card (Visa, Mastercard, American Express) or direct bank transfer. A booking shall be deemed confirmed upon receipt of either the full payment or the required deposit.

 

4.3 Payment reminders shall be issued 7 business days prior to when balances are due. Late payments may incur an administrative fee of AUD $50.

 

4.4 The price of confirmed bookings is subject to variation under specific circumstances. Any such variations will be calculated and applied in accordance with the following terms:

 

We reserve the right to alter prices in response to changes in:

a) Transportation costs, including fuel prices;

b) Taxes, fees, or charges imposed by third parties not directly involved in the performance of your travel arrangements; or

c) Exchange rates relevant to your travel arrangements.

 

4.5 Customers will be charged for any increase in accordance with these provisions. In the event that such increases result in the customer being required to pay an increase of more than 10% of the total price of the confirmed holiday (excluding any amendment charges, additional obligatory charges, fuel surcharges and/or additional services or travel arrangements), the customer shall be entitled to:

 

a) Accept and pay the increased price;

b) Cancel the booking and receive a full refund of all monies paid; or

c) Accept alternative travel arrangements of comparable standard, where available, with any price difference being refunded if the alternative is of lower value.

 

4.6 We will provide written notification of any price variations no less than 45 days prior to departure. Customers must communicate their decision regarding any price increase within 7 business days of receiving such notification. In the absence of a response within this period, we will assume you have accepted the changes and agreed to pay the increased price.

 

4.7 Price decreases shall be passed on to the customer less an administrative fee of AUD$50 where such decreases result from the same factors noted above.

 

4.8 You must notify us of your decision regarding any price increase within 7 days of receiving our notification. If you do not respond within this period, we will assume you have chosen to accept the changes and agreed to pay the increased price.

 

4.9 If a service provider cancels or significantly modifies your booking, we will notify you as soon as possible, attempt to find a suitable alternative or provide a full refund if no suitable alternative is available.

 

4.10 Sometimes, our travel providers may have specific payment requirements that differ from our standard terms. These might include higher deposits, different payment schedules, or specific payment methods. When this applies to your booking, we will clearly communicate these terms during the booking process, and these provider-specific terms will take precedence over our standard policy.

 

4.11 If a payment fails, we will notify you within one business day and you will have 48 hours to provide an alternative payment. If we don't receive the payment within this timeframe, we may need to cancel your booking. Cancellation fees will apply as per our Section 5.

 

4.12 This Section does not affect your statutory rights under Australian Consumer Law.

 

5. Cancellations

5.1 In the event you or any member of your Party needs to cancel a confirmed booking, the Party Leader must inform us in writing immediately. Cancellations are considered effective only upon receipt of written notification at our office.

 

5.2 Due to the nature of our agreements with service providers, including accommodation, diving packages, tours, and transfers, as well as administrative costs incurred on your behalf, all deposits and final balances are strictly non-refundable.

 

5.3 For cancellations made 45 days or more before your scheduled departure, Nomadic Scuba will apply a service fee of AUD $250 per person, which will be deducted from any refund issued by the operator. This AUD $250 fee is redeemable as a credit if you make a new booking with Nomadic Scuba within 12 months of your cancellation date.

 

5.4 Regrettably, we are unable to offer any refunds for cancellations made less than 45 days before departure, as supplier charges at this stage are typically non-recoverable.

 

5.5 In rare cases where we are able to resell your booking, we may offer a partial refund. This refund will be subject to the deduction of all incurred costs, including supplier charges, administrative fees, and any discounts applied to facilitate the resale. Please note, the ability to resell and offer a partial refund is not guaranteed.

 

5.6 Certain service providers may impose stricter cancellation terms, which may include the full forfeiture of payments well in advance of the usual balance due date. You will be informed at the time of booking if such terms apply to your reservation.

 

5.7 If a cancellation reduces the number of full-paying travellers below the number upon which the original pricing, free places, or concessions were based, the price of the remaining travellers will be recalculated accordingly. Any additional costs resulting from this will be invoiced to the remaining Party members.

 

5.8 Depending on the reason for cancellation, you may be entitled to recover the cancellation costs through your travel insurance policy, subject to any excesses or limitations. All claims must be made directly to your insurance provider. Upon request, Nomadic Scuba will provide written confirmation of cancellation and incurred losses for insurance purposes.

 

5.9 Please be aware that no refunds will be processed until all travel documents issued by Nomadic Scuba have been returned to us, where applicable.

 

5.10 Refunds, where applicable, will be processed in Australian Dollars (AUD) for the amount originally charged, using your original payment method. Refunds will be initiated within 14 business days of approval. If you made a payment in a currency other than AUD, the amount refunded in your local currency may differ from the amount originally paid, as it will depend on the exchange rate at the time of the refund. Refunds will apply to the amounts paid and will be calculated based on the AUD value at the time of payment. We are not responsible for any differences in the refunded amount caused by exchange rate fluctuations or fees imposed by your bank or payment provider.

 

6. Booking Amendments

6.1 All amendment requests must be submitted in writing to info@nomadicscuba.com by the Party Leader, accompanied by full details of the requested changes.

 

6.2 Minor Amendments incur a fee of AUD $30 per change and include changes that can be easily accommodated, such as:

 

a)     Room upgrades with the same operator

b)     Switching names within the party for shared accommodations

c)     Meal preference modifications

d)     Other similar adjustments that don't significantly alter the booking

 

6.3 Significant Amendments incur a fee of AUD $50 per change and include changes that substantially alter the original booking, including:

 

a)     Modifying start and end dates

b)     Changing destinations or operators

c)     Selecting different accommodation providers

d)     Decreasing the original activity value (e.g., reducing from 12 dives to 6 dives)

 

6.4 Changes Treated as Cancellation and Rebooking:

The following changes will be subject to cancellation terms as outlined in Section 5:

 

a)     Any significant amendments requested within 59 days of departure

b)     Name changes in group bookings where flights have been booked

c)     Name changes for bookings with private (solo use) cabins

d)     Changes affecting multiple aspects of the booking simultaneously

 

All amendment requests are subject to availability and supplier terms and conditions.

 

6.5 Amendment Cut-off Dates

 

a)     More than 60 days before departure: All amendment types possible

b)     59-30 days before departure: Limited amendments possible

c)     Less than 30 days before departure: May be treated as cancellation

 

6.6 Beyond our amendment fees, you may also be charged for:

 

a)     Price differences for new arrangements

b)     Supplier fees for making changes

c)     Communication or administration costs

 

7. Transferring Your Booking

 

7.1 You may transfer your booking to another person if the substitute person meets all booking requirements, all suppliers agree to the transfer, and we receive notice at least 30 days before departure.

 

7.2 To transfer a booking the Party Leader must submit written request with details of replacement traveller and pay transfer fee of AUD $50 per person. The new traveller must agree to the booking terms and conditions.

 

7.3 Some suppliers may not allow certain types of amendments, charge additional fees for changes or have different amendment deadlines. Where supplier restrictions apply, we will inform you as soon as possible. Supplier terms will take precedence over our amendment policy.

 

7.4 Significant Changes to Your Booking:

A significant change occurs when circumstances necessitate substantial alterations to your booking due to operational issues, such as:

 

a)     Mechanical failure of a liveaboard vessel

b)     Changes in operator schedules or capacity

c)     Unavoidable modifications to accommodation or diving packages

 

In such cases:

a) We will work directly with the operator to identify alternative solutions

b) All proposed alternatives must be agreed upon by both Nomadic Scuba and the operator

c) Upon identifying viable alternatives, you will have the option to:

i.   Accept the proposed change

ii.  Accept an alternative arrangement if available

iii. Cancel with a full refund

 

We will inform you of any significant changes as soon as possible and guide you through the available options.

 

7.5 This Section does not affect your statutory rights under Australian Consumer Law.

 

8. Service Fees

We provide an initial 30-minute consultation free of charge which includes basic itinerary suggestions and price estimates. For complex itinerary planning involving three or more destinations, custom dive packages and group booking of 8 or more people a research fee of AUD $250 may apply. This fee will be credited towards your final booking and is fully refundable if we cannot meet your requirements.

 

9. Customer Warranties and Obligations 

By booking through Nomadic Scuba, you warrant, acknowledge, and agree to the following:

·       To make timely payments according to the agreed schedule

·       To promptly communicate any changes or cancellations according to our policies

·       To review, understand, and accept that separate terms and conditions of third-party dive operators will apply to the diving activities

·       To provide accurate personal information for booking and travel arrangements

·       To ensure possession of valid travel documents (passport, visas) required for the destination

·       To truthfully disclose certification levels and diving experience when requested for booking purposes

·       To acknowledge that Nomadic Scuba acts solely as an intermediary booking service

·       To understand that all diving activities, instruction, and equipment will be provided by independent third-party operators

·       To accept that these operators will have their own terms, conditions, waivers, and requirements that must be agreed to separately

·       To provide accurate contact information for booking and emergency purposes

·       To promptly inform Nomadic Scuba of any booking-related issues or concerns

·       To understand that all diving-specific concerns should be directed to the dive operator

·       To consider appropriate travel insurance for the trip

·       To understand the refund and cancellation policies of both Nomadic Scuba and the dive operator

·       To acknowledge that Nomadic Scuba, as an intermediary, is not responsible for the actual provision of diving services

·       To accept that any claims relating to the diving activities must be made directly against the dive operator

·       To understand that Nomadic Scuba’s liability is limited to its role as a booking intermediary

 

10. Insurance

Nomadic Scuba does not currently offer travel or dive insurance, nor do we take responsibility for ensuring that you have relevant and valid insurance for your Holiday. We provide links to DiveAssure and strongly suggest using these links to obtain appropriate insurance coverage for your trip. However, the responsibility for securing personal, travel, dive, and equipment insurance rests solely with you and the members of your Party. Note: All our operators will refuse to provide diving services without proof of relevant insurance and qualifications. We highly recommend purchasing insurance if you intend to dive.

 

11. Passports and Visas 

It is your responsibility to ensure that you have valid passports, visas and re-entry permits which meet the requirements of immigration and other government authorities. Any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. We aim to provide up to date information on travel requirements within our ‘destinations’ listings on the Nomadic Scuba website however, we cannot be held responsible for any delays in updates. For time-sensitive confirmation of requirements please refer to www.smartraveller.gov.au (or the equivalent service of your national government).

 

12. Disclaimer

All information on the Nomadic Scuba website is thoroughly researched and published to the best of our knowledge. Nomadic Scuba does not accept any responsibility for the correctness of this information. Travel itineraries, prices and service descriptions are subject to change at any time at the service providers’ discretion. Please refer to prices and booking terms outlined in your invoice as the only legally binding text. Nomadic Scuba operates as an agent between you and the service provider.

We arrange various travel related services on behalf of diving, transport, accommodation, and other wholesale service providers. Nomadic Scuba’s obligation is to make travel bookings on your behalf and to arrange relevant contracts between you and travel service providers. We have no responsibility for these services, nor do we make or give any warranty or representation regarding their standard. All bookings are made subject to the terms and conditions and limitations of liability imposed by these service providers. Your legal recourse is against the specific provider and not Nomadic Scuba. If for any reason, any travel service provider is unable to provide the services for which you have contracted, your remedy lies against the provider and not with Nomadic Scuba.

 

13. Diving Requirements and Safety

13.1 To participate in diving activities, you must adhere to the following conditions:

 

a)     You are required to dive within the limits of your qualifications and experience, following the standards of your certifying agency. Solo diving is not permitted. A minimum qualification of PADI Open Water Diver or PADI Junior Open Water Diver (or equivalent from a recognised agency) is required, except for trips specifically booked to obtain such certification. You must provide evidence of your diving qualifications to the Dive Guide/Instructor at the dive centre or dive site, and upon request, to us prior to departure.

 

b)     You must be in good health, without any medical history of lung disorders, asthma, epilepsy, diabetes, or recent surgery. If you have a medical condition that may affect your ability to dive, you must provide a valid medical certificate of fitness to dive. Should respiratory congestion or other health issues arise during the trip, you are required to discontinue diving immediately.

 

c)     If you fail to provide satisfactory proof of diving qualifications or a required medical certificate, the Dive Guide/Instructor or Company may prevent you from diving or continuing your Holiday. In such cases, no refunds or compensation will be provided for any diving missed or travel restrictions imposed.

 

d)     Diving carries inherent risks. You must always conduct yourself responsibly and follow all recognised diving practices. Some dive sites are remote and far from recompression chambers. You may be required to sign liability waivers, assumptions of risk, and medical disclaimers prior to participating in any diving activities. Relevant forms are available upon request from the us or the dive supplier.

 

14. Force Majeure

14.1 Nomadic Scuba shall not be held liable for any failure to perform or any delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control ("Force Majeure"). These circumstances include, but are not limited to, acts of God, natural disasters, war, terrorism, civil unrest, strikes or labour disputes, government actions, pandemics, epidemics, quarantine restrictions, or any other event that renders the performance of obligations impossible or impractical.

 

14.2 In the event of a Force Majeure occurrence, Nomadic Scuba will use reasonable efforts to notify affected parties and will endeavour to minimise disruption. If Force Majeure continues for a prolonged period, either party may terminate this agreement, and the Nomadic Scuba’s liability shall be limited to a refund of any amounts paid for services not yet rendered, minus any non-recoverable costs incurred by the Nomadic Scuba.

 

15. Indemnification

YOU, THE PARTY LEADER ("INDEMNIFYING PARTY"), HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS NOMADIC SCUBA, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, OR INVESTIGATIONS; LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, AND SETTLEMENTS; COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES; REGULATORY PENALTIES OR FINES (COLLECTIVELY, "LOSSES") ARISING OUT OF, RELATED TO, OR RESULTING FROM: (I) ANY INACCURATE, INCOMPLETE, OR MISLEADING INFORMATION PROVIDED BY YOU/YOUR PARTY; (II) YOURS OR YOUR PARTY’S NON-COMPLIANCE WITH ANY APPLICABLE LAWS, REGULATIONS, OR THIRD-PARTY DIVE OPERATOR REQUIREMENTS; (III) ANY NEGLIGENT ACTS, OMISSIONS, OR WILFUL MISCONDUCT BY YOU/YOUR PARTY; (IV) YOUR/YOUR PARTY’S BREACH OF ANY TERMS, CONDITIONS, OR POLICIES OF NOMADIC SCUBA OR ANY THIRD-PARTY DIVE OPERATOR; (V) ANY DISPUTE OR INTERACTION BETWEEN YOU/YOUR PARTY AND A THIRD-PARTY DIVE OPERATOR; (VI) ANY DAMAGE TO PROPERTY OR INJURY TO PERSONS CAUSED BY YOU/YOUR PARTY DURING THE COURSE OF TRAVEL OR DIVING ACTIVITIES. NOTHING IN THIS INDEMNIFICATION CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.

 

16. Limitation of Liability

PLEASE READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO YOU. NOMADIC SCUBA OPERATES SOLELY AS AN INTERMEDIARY BOOKING PLATFORM FOR SCUBA DIVING EXPERIENCES AND RELATED TRAVEL ARRANGEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOMADIC SCUBA'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BOOKING SERVICES SHALL BE LIMITED TO THE TOTAL AMOUNT PAID BY THE CUSTOMER TO NOMADIC SCUBA FOR THE SPECIFIC BOOKING IN QUESTION. NOMADIC SCUBA SHALL NOT BE LIABLE FOR ANY ACTIONS, OMISSIONS, NEGLIGENCE, OR BREACHES BY THIRD-PARTY DIVE OPERATORS; THE QUALITY, SAFETY, OR DELIVERY OF DIVING SERVICES; ANY INJURIES, ACCIDENTS, OR DEATHS THAT OCCUR DURING DIVING ACTIVITIES; LOSS OR DAMAGE TO DIVING EQUIPMENT OR PERSONAL BELONGINGS; CHANGES, CANCELLATIONS, OR REFUND POLICIES OF THIRD-PARTY DIVE OPERATORS; ANY INCORRECT OR INCOMPLETE INFORMATION PROVIDED BY THIRD-PARTY DIVE OPERATORS; OR ANY FAILURE BY THE CUSTOMER TO MEET THE REQUIREMENTS OR STANDARDS OF DIVE OPERATORS. IN NO EVENT SHALL NOMADIC SCUBA BE LIABLE FOR LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL OR REPUTATION; ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; ANY LOSSES RESULTING FROM FORCE MAJEURE EVENTS; OR ANY LOSSES RESULTING FROM THE CUSTOMER'S FAILURE TO OBTAIN APPROPRIATE INSURANCE. NOMADIC SCUBA SHALL NOT BE LIABLE FOR CHANGES TO DIVING SCHEDULES DUE TO WEATHER CONDITIONS; CANCELLATIONS OR MODIFICATIONS OF DIVING ACTIVITIES BY OPERATORS; THE ACTUAL DURATION OF DIVING ACTIVITIES; OR SEA, WEATHER, OR VISIBILITY CONDITIONS AT DIVE SITES. NOTHING IN THIS LIMITATION OF LIABILITY CLAUSE SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NOMADIC SCUBA'S NEGLIGENCE; LIMIT OR EXCLUDE LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR LIMIT ANY LIABILITY IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.

 

17. Privacy and Data Protection

Our collection and use of your personal information is governed by our Privacy Policy. By using our website or making a booking, you consent to the collection and use of your information as described in the Privacy Policy.

 

18. Intellectual Property

All content available on this website, including digital images, descriptions, text, logos, designs, graphics, and any other materials (collectively referred to as "Content"), are protected by intellectual property laws and are the exclusive property of Nomadic Scuba. The Content is protected by copyright, trademark, and other intellectual property rights. By accessing and using this website, you are granted a limited, non-exclusive, and non-transferable license to view the Content solely for personal, non-commercial purposes related to your interaction with the website. This license does not grant you any rights to modify, reproduce, distribute, publicly display, or create derivative works of the Content without our express written consent. The trademarks, service marks, logos, and trade names displayed on this website are the registered or unregistered trademarks of Nomadic Scuba.  You are prohibited from using these trademarks or any confusingly similar marks without obtaining prior written permission from Nomadic Scuba. You agree not to engage in any activities that may infringe upon the intellectual property rights of Nomadic Scuba. This includes but is not limited to copying, reproducing, modifying, distributing, displaying, or exploiting the Content without prior written permission.

 

19. User Content

19.1 You may be permitted to post reviews, comments, or other content ("User Content") on our website or social media platforms. By submitting any User Content, you grant Nomadic Scuba a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, display, reproduce, and distribute such User Content on our website, social media platforms, and in our marketing materials.

 

19.2 You are solely responsible for any User Content you submit. By posting User Content, you represent and warrant that:

a)     You own or have the necessary rights to the User Content and to grant the license to Nomadic Scuba as described above.

b)     The User Content does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights.

c)     The User Content does not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material.

d)     The User Content does not include personal information of minors or any third parties without their consent.

 

19.3 Nomadic Scuba does not endorse any User Content and reserves the right to remove or refuse to post any User Content for any reason, without prior notice. This includes content that we deem to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.

 

19.4 By submitting reviews, you agree that they are honest, accurate, and based on your personal experience with the service. Nomadic Scuba reserves the right to verify the authenticity of reviews and to remove any that we suspect to be fraudulent or in violation of these Terms.

 

19.5 Nomadic Scuba is not responsible for any claims resulting from User Content. However, if we receive notification that any User Content allegedly infringes upon the rights of others, we may remove such content pending investigation.

 

20. Third Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

 

21. Third-Party Links

Certain content and products available via our website may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

 

22. Prohibited Conduct

When using our website, you must not engage in or attempt any conduct that is unlawful, prohibited by applicable laws, or that we would consider inappropriate. This includes, but is not limited to:

a)     Violating any individual's privacy, including uploading personal information without consent;

b)     Using our website to defame, harass, threaten, or offend any person, including our staff or other customers;

c)     Interfering with any other user's experience on our website.

d)     Tampering with or modifying our website, knowingly transmitting viruses or other malicious code, or damaging or interfering with our website's functionality;

e)     Using our website to send unsolicited messages, including spam;

f)      Impersonating any person or entity;

g)     Posting false, misleading, or deceptive reviews or comments related to our temporary fencing hire services,

h)     Attempting to gain unauthorised access to any part of our website or our computer systems or networks;

i)      Using our website for any unlawful or unauthorised commercial purpose;

j)      Collecting or harvesting any information from our website for any unauthorised purpose;

k)     Using our website in any way that could damage, disable, overburden, or impair our servers or networks;

l)      Encouraging or assisting any third party to do any of the above.

Nomadic Scuba reserves the right to monitor the website for violations of these terms and to take appropriate legal action, including without limitation, reporting any suspected unlawful activity to law enforcement authorities, regulators, or other third parties.

 

23. Disclaimer of Warranties 

NOMADIC SCUBA PROVIDES THE WEBSITE AND ALL RELATED SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NOMADIC SCUBA DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY INFORMATION, SERVICES OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, COMPLETE OR TIMELY.

NOMADIC SCUBA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT DISPLAYED ON THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY LAW, NOMADIC SCUBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOUR USE OF THE WEBSITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK. NOMADIC SCUBA WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS CAUSED BY YOUR RELIANCE ON THE INFORMATION PROVIDED ON THE WEBSITE

 

24. Severability

If a provision of these Terms is held to be void, invalid, illegal, or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or other provisions in these Terms.

 

25. No Waiver

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

 

26. Interpretation

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

 

27. Entire Agreement

While these Terms outline our general practices and policies, the specific pricing and booking terms stated on your invoice constitute the legally binding elements of your booking. Your invoice, along with any booking confirmation documents you receive, form the primary contract for your holiday arrangements. These Terms should be read in conjunction with your invoice, but where there is any conflict or inconsistency, the terms stated on your invoice will prevail. This agreement, with primacy given to your invoice terms, supersedes any prior communications or proposals, whether oral or written, regarding your specific booking. General information about our holidays, whether on our website, in brochures, or communicated verbally, is for guidance only and does not form part of the contract unless specifically stated on your invoice.

24. Governing Law

All bookings and related services provided by Nomadic Scuba are governed by the laws of New South Wales (NSW), Australia. By making a booking with us, you irrevocably and unconditionally agree that any legal proceedings related to your booking will be subject to the exclusive jurisdiction of the courts operating in NSW and any courts entitled to hear appeals from those courts. You waive any right to object to proceedings being brought in these courts. This jurisdiction applies to all aspects of your booking, including but not limited to reservation processes, payment terms, cancellation policies, travel arrangements, and any disputes arising from the services provided. This clause applies regardless of where you are booking from or where your holiday destination is located.

 

25. Contact

Any questions or complaints relating to these Terms should be directed to info@nomadicscuba.com.