1. Introduction
Div’In is a platform developed and operated by Div’In Solutions Sàrl (hereinafter referred to as “Div’In”, “we”, “our” or “us”).
These General Terms and Conditions of Use constitute a legally binding agreement between you and Div’In Solutions Sàrl regarding your use of the Div’In mobile application.
By using the Services, you agree to be bound by these Terms and Conditions.
Capitalized terms in these General Terms and Conditions of Use have the following meaning:
· Application refers to the Div’In mobile application available on iOS and Android platforms
· Terms and Conditions refers to these General Terms and Conditions of Use
· Account refers to a valid account giving access to Services subscribed to by the Diver
· Content refers to all content that Divers upload and share via the Services, including but not limited to contact information, certifications, photos, and videos
· Personal Data refers to all information relating to an identified or identifiable natural person
· Diving Center refers to the establishment offering scuba diving services and using the Div’In software interface dedicated to diving centers
· Diver, you, your refers to any person using the Services, with the exception of Diving Centers
· Services refers to all functionalities offered by Div’In via the Application and the Website
· Website refers to Div’In’s website accessible at https://www.div-in.net presenting the Services
By using our Services, you confirm that:
· You have read, understood, and agreed to be bound by these Terms and Conditions
· You are not prevented from using our Services under applicable laws
1.
2.
3.
4.
Div’In offers Divers the following Services:
· Search and booking of dives with partner Diving Centers
· Profile management including certifications, experience, and equipment
· Digital dive log for recording completed dives (Premium version)
· Access to a community of divers to share experiences (Premium version)
· Social features allowing connections with other divers (Premium version)
· Payment for Services via the Application
· Offers from partners
· Advice on scuba diving
Div’In does not organize dives or provide guarantees for services and activities offered by Diving Centers.
The basic version of the Application is free. The Premium version is paid as an annual subscription, payable directly through Google Play or the App Store. The Application’s rates are visible directly in Google Play or the App Store.
Refunds related to the Premium version are processed in accordance with the policies of the relevant application stores (App Store, Google Play).
Div’In strives to maintain the Services available 24 hours a day, 7 days a week. However, we cannot guarantee that the Services will be available without interruption.
The Services may be temporarily unavailable for maintenance, updates, or for reasons beyond our control.
Some features of the Services may be available offline, but their full functionality requires an Internet connection.
If you need to be able to access certain information at all times, you are solely responsible for having an accessible copy at all times.
5.
To use the features of our Services, you must create an Account. You must:
· Provide accurate, complete, and up-to-date information
· Choose a secure password and keep it confidential
· Keep your Account information up to date
You are responsible for all activities related to your Account. You must:
· Protect the confidentiality of your login credentials
· Immediately notify Div’In of any unauthorized use of your Account
· Ensure you log out at the end of each session
Div’In will not be responsible for losses or damages resulting from failure to comply with these security obligations.
You must be at least 13 years old to create an Account and use our Services. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use our Services with the consent of your legal representative.
6.
By using our Services, you agree to:
· Respect these Terms and Conditions and all applicable laws
· Provide accurate and complete information, including about your diving certifications
· Respect the rights of third parties, particularly other users
· Not use the Services in a way that could damage, disable, overload, or compromise the Services or interfere with other users’ use of the Services
· Not attempt to access parts of the Services you are not authorized to access
As a Diver using the dive booking Services with Diving Centers, you agree to:
· Provide accurate information regarding your certification level, experience, and health status
· Respect the rules and instructions of the Diving Centers with which you make reservations
· Have valid dive insurance if required by local legislation or by the Diving Center
· Inform the Diving Center of any medical issues or physical conditions that may affect your ability to dive safely
· Respect the cancellation deadlines established by the Diving Centers
You agree not to post or share Content that:
· Is illegal, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable
· Violates intellectual property rights or other third-party rights
· Contains viruses, malware, or any code intended to damage the Services
· Includes personal information of others without their consent
· Promotes commercial, illegal, or dangerous activities
We reserve the right to remove any Content that, in our sole discretion, violates these prohibitions or these Terms and Conditions.
7.
Div’In and its licensors own all rights, title, and interest, including all intellectual property rights, in the Services and their content, including but not limited to software, images, text, graphics, logos, patents, trademarks, photographs, audio and video recordings, and any other material or information provided by Div’In.
Nothing in these Terms and Conditions grants you any right, title, or interest in the Services, other than the right to use the Services in accordance with these Terms and Conditions.
Subject to your compliance with these terms, Div’In grants you a limited, non-exclusive, non-transferable, and revocable license to:
· Download and install the Application on your personal devices
· Access and use our Services for personal purposes
You are not authorized to:
· Copy, modify, distribute, sell, or rent any part of our Services
· Reverse engineer or attempt to extract the source code of our software
· Use our trademarks, logos, or other brand elements, as well as those of our licensors, without our prior written authorization
· Bypass, disable, or interfere with security-related features of the Services
You retain all rights to the Content you submit, post, or display on or through our Services.
By submitting Content, you grant Div’In a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works, distribute, publicly display, and publicly perform this Content in connection with the operation and provision of the Services.
You represent and warrant that:
· You own or have the necessary rights to grant the rights and licenses contained in these Terms and Conditions
· The Content does not violate third-party rights, including intellectual property rights and privacy rights
You acknowledge that acceptance of the Diving Center’s conditions, including financial terms, in the Div’In Application constitutes valid proof for the Diving Center of your acceptance and intention to comply with the forms that have been transmitted to you within Div’In. You also acknowledge that any electronic form, including for communications, is valid, and you waive a paper version.
8.
9.
When you book a dive in the Application, you agree to pay the price specified by the Diving Center. The contractual relationship concerning the dive, particularly regarding the price and services and activities provided by the Diving Center, is solely between you and the Diving Center. Div’In is not a party to this relationship and is not responsible for it.
Div’In requires a payment method to make a dive reservation, such as a credit card or any other payment method indicated in the Services.
The data shared with our payment service provider is limited to what is strictly necessary for the proper conduct of the transaction.
By providing your payment information, you:
· Declare that you are authorized to use the provided payment method
· Accept the terms of the payment service provider and the exchange of necessary information between Div’In and the payment service provider
· Authorize Div’In to charge your payment method for amounts due, including any fees related to the chosen payment method
· Accept that Div’In may store and update your payment information
All amounts are indicated inclusive of taxes unless otherwise stated. You are responsible for paying all applicable taxes.
Service fees may be added to the total amount for reservations made through the Services. These fees are clearly indicated before reservation confirmation.
For dive bookings, the cancellation and refund policy is established by each Diving Center and is clearly indicated during the booking process.
We can only process a refund at the request of the Diving Center.
10.
To the extent permitted by applicable laws, the Services are provided “as is” and “as available,” without warranty of any kind, express or implied.
In particular, Div’In does not guarantee that:
· The Services will meet your specific requirements
· The Services will be uninterrupted, timely, secure, or error-free
· The results that may be obtained from the use of the Services will be accurate or reliable
· The quality of products, services, or information purchased or obtained by you through the Services will meet your expectations
When you book a dive, Div’In only provides a booking service. In particular, Div’In does not intervene and is not responsible for:
· The quality or safety of services provided by Diving Centers
· Accidents or incidents occurring during diving activities
· The accuracy of information provided by Diving Centers or other users
· Weather or sea conditions affecting diving activities
· The health status or physical condition of divers
· Evaluations of Diving Centers
· Comments from other divers or users
It is the responsibility of each Diver to:
· Ensure they have the necessary qualifications and certifications for the booked dives
· Check their health status before diving
· Respect diving safety rules
· Respect the rules of Diving Centers
· Have adequate insurance covering diving activities
In no event shall Div’In be liable to you or any third party for any indirect or direct damage, including, but not limited to, any damage related to dives or their cancellation, lost profits or loss of profits, revenue, data, goodwill, or other intangible benefits, even if Div’In has been informed of the possibility of such damages.
To the fullest extent permitted by applicable law, Div’In’s total liability arising out of or related to the use or inability to use the Services shall not exceed the amounts you have paid us for the use of the Services during the one (1) month preceding the event giving rise to such liability, or one hundred Swiss francs (CHF 100.-) if no amount has been paid.
You agree to defend, indemnify, and hold harmless Div’In, its affiliates, officers, directors, employees, and agents against any claim, liability, damage, loss, and expense, including, without limitation, reasonable legal and accounting fees, arising from or related in any way to:
· Your access to or use of the Application
· Your violation of these Terms and Conditions
· Your violation of any third-party right, including, without limitation, any intellectual property right or privacy right
· Any Content you submit, post, or transmit through the Services
11.
You can delete your Account at any time and permanently. The Account deletion procedure is accessible in your Account settings. Account-related data is deleted; however, some of your personal data may be retained in the Div’In software and as indicated in the privacy policy.
Div’In may delete your Account or suspend your access to all or part of the Services, with or without notice, for any reasonable reason, including:
· In case of violation of these Terms and Conditions
· In case of abusive use of the Services
· In case of creation of a legal risk for Div’In
· Upon request of a competent legal authority
· If we consider that the provision of Services is no longer commercially viable
In case of deletion of your Account:
· Your rights to use the Services will cease immediately
· You will no longer have access to your Account or the Services
· Your current and future reservations will be canceled. Refunds will be processed according to each diving center’s cancellation policy.
· If you are a Premium user, no refund related to your subscription will be issued
· Div’In will delete your personal data, including your Content, from its servers after a maximum of 3 months. However, we may retain personal data when required or authorized by law
· These Terms and Conditions will cease to apply, subject to provisions intended to apply without time limit, in particular those relating to intellectual property, limitation of liability, and dispute resolution
Neither party shall be liable for any default or delay in performance caused by an element constituting a case of force majeure, such as, without limitation, natural disasters, wars, riots, terrorist attacks, epidemics, power outages, Internet or telecommunications failures, or any other circumstance beyond the reasonable control of the affected party.
Div’In reserves the right, at its sole discretion, to modify or replace any part of these Terms and Conditions at any time. It is your responsibility to periodically review the Terms and Conditions to be aware of modifications. We will inform you of significant changes through a notification in the Application or by sending an email to the address associated with your account.
Your continued use of the Services after the publication of modifications constitutes acceptance of these modifications. If you do not accept the new terms, you must cease using the application.
Div’In is committed to processing your Personal Data in accordance with applicable laws.
For more information on how we collect, use, and protect your Personal Data, please refer to our Privacy Policy accessible in the Application, which forms an integral part of these General Terms and Conditions of Use.
These Terms and Conditions and your use of the Services are governed by Swiss law, regardless of conflict of laws principles.
Any dispute arising from or related to these Terms and Conditions or your use of the Services will be subject to the exclusive jurisdiction of the competent courts of Le Bouveret, Switzerland, unless otherwise provided by applicable law.
If you have any questions regarding these Terms and Conditions or the Services, please contact us at:
Div’In Solutions Sàrl
Email: info@div-in.net
Address: Aux Chamonies 1, 1897 Le Bouveret, Valais, Switzerland