iDive Terms of Use

(a) You warrant that everything You tell us is true and that You're allowed to use the Site. Don't use the Site for anything illegal. As a condition of Your use of the Services, You represent and warrant that:

1. All information supplied by You during Your use of the Services is true, accurate, current and complete.
2. You are not a person barred from receiving the Services under the laws of Australia or other countries including the country in which You are resident or from which You use the Services.
3. Customers from any country may use the Services, provided such use does not violate the laws of Australia or the laws of the country from which the Services are accessed.
4. If You are accessing the Website from outside Australia, You are responsible for ensuring that Your use of the Website and Services complies with all laws and regulations of Your country of residence.
5. Your use of the Services is only for personal, non-commercial use and/or to make legitimate requests to make a Purchase of the Product offered.
6. You agree not to use this Services to make any speculative, false, or fraudulent requests or Purchases.
7. You are not currently Suspended and have not previously been banned by iDive from using the Services.
8. You are not acting on behalf of a competitor of iDive.
9. You will not create more than one Account.
10. You have full power and authority to enter into this legally binding agreement and in doing so will not violate any other agreement to which You are a party.
11. You are solely responsible for ensuring that Your access to and use of the Website and Services complies with all applicable laws, regulations, and third-party rights in Your jurisdiction.

(b) By accessing or using the Website, you may encounter content that is inaccurate, offensive, or otherwise inappropriate. iDive does not endorse such content and cannot guarantee its accuracy. You use the Website at your own risk.

(c) iDive reserves the right to restrict or revoke access to the Services at any time, for any reason, including violations of these Terms.

(a) You may need to create an Account to access certain features of the Website or Services. Your Account is for your personal use only. You must not create multiple Accounts, impersonate any person or entity, or misrepresent your affiliation with any individual or organisation.

(b) You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. If you suspect any unauthorised use of your Account, you must notify us immediately via our Support page.

(c) You agree to keep your Account information accurate, current, and complete at all times.

(d) You acknowledge and agree that iDive is not responsible for any loss or damage resulting from your failure to safeguard your credentials, or from unauthorised access caused by your negligence. To the extent permitted by law, neither iDive nor its affiliates shall be liable for unauthorised Bookings or Purchases made through your Account. You may also be held liable for losses incurred by iDive or other users due to unauthorised use of your Account.

(e) iDive reserves the right, at its sole discretion, to restrict, suspend, or terminate your Account at any time and for any reason without notice or liability. This includes, but is not limited to, violations of these Terms, applicable laws, or misuse of your Account (including providing false, misleading, or incomplete information or creating duplicate Accounts).

(f) iDive also reserves the right to remove any User Content you submit, at any time and for any reason, without notice. You remain solely responsible for your User Content and for any consequences of your activity on the Website, even if your Account is suspended or terminated.

You may close your Account at any time by contacting us via our Support page.

(a) By using the Website or reaching out to us digitally - whether by email, WhatsApp, or other digital means - You consent to receiving communications from us in the same manner. This may include messages sent via email, WhatsApp, within the Website, or through other digital channels.

(b) We may occasionally send You service updates, promotional content, or information about offers that may be relevant to You. These messages help us better understand Your preferences and enhance Your experience with iDive.

(c) If You no longer wish to receive marketing emails, You can opt out at any time by clicking the "unsubscribe" link in the message or by changing Your communication settings in Your Account.

(d) For questions, help with Your Account, or to report a problem, You can contact our support team via our Support page. We'll do our best to respond promptly, but please note that support availability and issue resolution are not guaranteed.

(a) The Website may include links to third-party websites, services, tools, software, or platforms ("Third-Party Sites" or "Third-Party Services") that are operated by entities other than iDive. iDive does not control, endorse, or assume any responsibility for the content, privacy practices, availability, accuracy, legality, or functionality of such Third-Party Sites or Services.

(b) Your use of any Third-Party Sites or Third-Party Services is at Your own risk and subject to the terms, conditions, and policies of those third parties. The inclusion of any link or access point on the Website does not imply any affiliation, sponsorship, or endorsement by iDive.

(c) iDive expressly disclaims any liability for any loss, damage, or harm arising from or related to Your use of, reliance on, or interaction with Third-Party Sites or Services, including but not limited to Payment processors, hosting providers, or communication platforms. You are responsible for ensuring that any software downloaded from such sites or accessed via the Website is free from viruses, malware, or other harmful components.

(d) We strongly recommend that You carefully review the terms, conditions, and privacy policies of any Third-Party Sites or Services before use.

(e) This disclaimer applies regardless of Your country of residence or the jurisdiction governing Your use of the Website or Third-Party Services.

(a) All software available on the Website is owned by iDive or its partners and is protected by copyright laws and international treaties. You are granted a limited, personal, non-transferable license to access and use the software solely for the purpose of viewing and interacting with the Website in accordance with these Terms of Use. Any other use of the software is strictly prohibited.

(b) Use of the Services by users from any jurisdiction is permitted only if such use complies with Australian law as well as the laws of the user's country of access.

(c) You acknowledge that unauthorised copying, reproduction, distribution, or modification of the software is prohibited and may lead to severe civil and criminal penalties. In particular, copying or transferring the software to any other server or location for further use or redistribution is expressly forbidden.

(d) Where applicable, any warranties related to the software are provided solely under the terms of the relevant license agreement and only to the extent permitted by law.

(a) Except for content provided by third parties ("Third-Party Content""), all materials on this Website are protected under Australian copyright law and international treaties. Unless otherwise noted, all rights - including copyright - related to the Website and its content (including, but not limited to, text, graphics, logos, icons, images, videos, audio, software, code, design elements, and interactive features) are owned by iDive or its licensors. All rights are reserved.

(b) User-generated content, such as reviews or ratings, reflects the views of individual users and does not represent the views or endorsement of iDive.

(c) All trademarks, service marks, and trade names displayed on the Website are owned, registered, or licensed by iDive. While You are a User, iDive grants you a limited, non-exclusive, non-transferable, revocable, royalty-free license to:

1. Access and use the Website in accordance with these Terms;
2. Temporarily store Website content in your device's cache; and
3. Print or download Website content for personal, non-commercial use.
4. No other rights are granted to you in relation to the Website, Services, or its content. This clause does not transfer any ownership of business names, trading names, domain names, trademarks, patents, registered designs, copyrights, or other intellectual property rights to you.

(d) You must not, without prior written consent from iDive or the respective rights holder, broadcast, republish, copy, upload, transmit, post, publicly display, adapt, modify, or distribute any part of the Website or Services, unless explicitly permitted by these Terms or by law. This excludes any materials explicitly provided for public use or reuse.

(e) By submitting, uploading, posting, or distributing User Content on the Website, you grant iDive a non-exclusive, transferable, perpetual, worldwide, irrevocable, royalty-free license to use, display, reproduce, modify, distribute, and publicly perform or publish your content for any purpose related to the Website and Services.

(f) If you believe any content on the Website infringes your copyright or intellectual property rights, please contact us via our Support page. iDive will investigate and, where appropriate, take reasonable steps to remove clearly unlawful content within a reasonable timeframe.

(a) iDive is not a travel agency and does not own, operate, or supply any Products listed on the Website. We provide a Platform that enables Customers and third-party Suppliers to connect and transact. All Products are offered and fulfilled solely by the respective Supplier, and any contract for a Product is strictly between You (the Customer) and the Supplier.

(b) To Purchase a Product, You must create and maintain an active Account on the Website.

(c) All Products are subject to the Supplier's own Terms and Conditions, policies, and rules, which are presented on the Website and/or during the checkout process. By making a Purchase, You acknowledge and agree to be bound by the applicable Supplier's Terms, including their cancellation and refund policies.

(d) If any conflict arises between a Supplier's terms and these iDive Terms of Use regarding Your relationship with iDive, these Terms of Use will take precedence.

(e) You are solely responsible for reviewing all relevant details and policies provided by the Supplier prior to making a Purchase. If You have any questions about a Product that are not addressed on the Website, it is Your responsibility to contact the Supplier directly before proceeding with a Purchase.

(f) iDive does not verify the identity, qualifications, background, or legitimacy of any Supplier or Customer. We do not guarantee the accuracy, completeness, legality, or quality of any Product or Service. Your interactions with Suppliers and use of the Platform are entirely at Your own risk, and You are encouraged to conduct Your own due diligence before entering into any transaction.

(g) You agree to use the Website only to make legitimate Purchases for Yourself or for others on whose behalf You are legally authorised to act.

(h) iDive reserves the right, at its sole discretion, to remove, suspend, or modify any Product listing, Supplier Account, or User Content at any time and for any reason, including suspected fraud, non-compliance, or risk to the Platform or its Users, without notice or liability.

(i) By using the Website and Services, You expressly acknowledge and assume all risks associated with participating in any Product, including but not limited to risks of travel, activities, and interactions with third parties.

(a) All prices on the Website are listed in Australian Dollars (AUD) and are generally quoted per person, unless otherwise specified. Prices are determined by Suppliers based on local tariffs and may change at any time prior to completing a Purchase.

(b) Unless stated otherwise, the price displayed at checkout is the final amount payable and includes all applicable local taxes and government charges.

(c) Each Product listing will clearly outline what is included in the price, as determined by the Supplier. It is Your responsibility to review these details before making a Purchase.

(d) For international Buyers, any additional duties, taxes, or import-related fees imposed by local authorities are Your sole responsibility.

(a) All Purchases made through the Website must be paid in full at the time of Booking. Payments are processed by Stripe or other third-party Payment services. iDive does not process or store Your Payment information.

(b) By proceeding with a Purchase, You confirm that:

1. You have read, understood, and agree to be bound by the applicable Supplier Terms and Conditions, including cancellation and refund policies;
2. You agree to pay the full cost, including any taxes and charges displayed during checkout;
3. You acknowledge and accept both iDive's Terms of Use, the Supplier's terms and the Stripe terms.

(c) iDive reserves the right to withhold or delay Payments to Suppliers if fraudulent activity, chargebacks, or unresolved disputes are suspected.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including Your rights under the Australian Consumer Law.

(a) All Payments are processed via Stripe or other third-party payment processing services. iDive does not collect, store, or have access to Your Payment credentials. Once Payment is processed, it represents final settlement for the associated Product.

(b) If You notice or suspect any fraudulent or unauthorised activity, please immediately contact Your payment provider to investigate.

(c) All Payments are subject to the terms and conditions of the applicable payment processor (e.g., Stripe). iDive is not liable for issues such as:

1. Transaction failures or delays,
2. Payment errors,
3. Unauthorised charges.

(d) To avoid disruptions, please ensure that Your payment details are accurate and up to date.

(a) Purchases made through the Website may be non-refundable. It is Your responsibility to review the applicable Supplier's payment, cancellation, and refund policies, which are provided during the Purchase process. All requests for changes, cancellations, or refunds are subject to the Supplier's sole discretion.

(b) If You wish to modify any part of Your Booking, You acknowledge that the Supplier is not obligated to accept such requests.

(c) You must be present at the designated meeting location at the scheduled time, as confirmed in Your Booking or communicated by the Supplier after purchase. Failure to attend may be considered a "no-show", and the Supplier is under no obligation to issue a refund or offer an alternative arrangement.

(d) All cancellations, changes, and refunds are handled directly by the Supplier. Customers must contact the Supplier for any such requests. iDive is not responsible for initiating or processing refund transactions.

(e) The Supplier remains fully responsible for resolving Customer complaints and fulfilling their obligations. iDive does not verify, endorse, or guarantee the outcome of any transaction or dispute.

(f) While iDive may, at its discretion, facilitate communication between the Customer and the Supplier, such involvement is strictly administrative and does not imply any liability, representation, or agency relationship. iDive does not act as an agent or representative of either party in any dispute, and any action taken by iDive is without prejudice to iDive's position as a platform provider only.

(g) Nothing in these Terms or the Supplier's Terms limits Your rights under the Australian Consumer Law, including any entitlement to a refund, replacement, or other remedy where required by law.

(a) Suppliers may occasionally need to make changes to a Product after You have completed a Purchase. These changes may include, but are not limited to, adjustments to the date, price, inclusions, coverage, eligibility criteria (such as age or certification requirements), or other Product features or terms.

(b) Suppliers reserve the right to cancel, modify, or substitute any Product at any time and for any reason. Suppliers are solely responsible for notifying Customers of any material changes or cancellations, in accordance with their own Terms and Conditions. iDive is not responsible for any loss, inconvenience, or costs arising from Supplier-initiated changes or the removal of listings.

(c) If a Supplier makes a material change to the Product (such as a significant change in the date or itinerary), and You are dissatisfied with the alternative offered, You may be entitled to a full refund of the original Purchase price. Please refer to the Supplier's terms and conditions for specific details about Your rights in such cases.

(d) iDive reserves the right, at its sole discretion, to withdraw Services or override a Supplier's cancellation policy where necessary to protect the interests of Customers, Suppliers, or the Platform. In such cases, You agree that neither iDive nor the Supplier will be held liable for any loss or damages resulting from such cancellations or overrides.

(a) If You experience an issue with a Supplier, You are required to attempt to resolve it directly with them. iDive is not a party to Your contract with any Supplier and does not mediate disputes between Customers and Suppliers.

(b) To the fullest extent permitted by law, both Customers and Suppliers irrevocably agree not to bring, commence, or maintain any claims, actions, or proceedings of any kind whatsoever against iDive, its affiliates, officers, employees, or agents in connection with any dispute, transaction, or interaction between Customers and Suppliers, including but not limited to matters involving Product quality, safety, legality, payments, delivery, refunds, or cancellations. This clause survives termination of these Terms.

(c) Any dispute relating to a Product or Purchase must be resolved directly between Customer and Supplier. iDive is not a party to any dispute between Customers and Suppliers and will not act as a mediator or arbitrator. iDive has no obligation to become involved in, or resolve any dispute between Customers and Suppliers. Any intervention by iDive in relation to Customer dispute, complaints, refunds, or compensation is undertaken solely at iDive’s discretion as an administrative measure and does not create any obligation or constitute acceptance of any liability. The Supplier remains solely responsible for resolving all Customer complaints and fulfilling all obligations to Customers, regardless of any action or inaction by iDive.

(a) You agree that iDive shall have no liability for any claims, damages, or losses arising out of or related to disputes between users, including but not limited to disputes between Customers and Suppliers.

(b) This clause is subject to, and should be read conjunction with the Limitation of Liability and General Provisions sections of these Terms.

(c) Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including Your rights under the Australian Consumer Law.

(a) We strongly encourage You to obtain comprehensive travel and activity insurance that covers all aspects of Your Purchase. It is solely Your responsibility to ensure that any insurance policy You arrange provides appropriate coverage for the experiences, activities, and potential risks associated with the Product You have purchased.

(b) Some Suppliers may require proof of valid insurance as a condition of participation. You are responsible for confirming that Your insurance meets any specific requirements set by the Supplier prior to Yout Purchase or participation in the Product.

(c) iDive makes no representations or guarantees that any Product, activity, or destination is suitable, safe, or free of risk. We are not liable for any loss, damage, injury, or expense arising from Your participation in any activity, including those facilitated by a Supplier.

(d) Nothing in these Terms affects rights that cannot be excluded under applicable law, including Your protections under the Australian Consumer Law.

(e) iDive does not guarantee that Suppliers maintain adequate insurance or comply with all applicable safety, licensing, or regulatory requirements. It is solely the responsibility of the Supplier and Customer to ensure appropriate insurance and compliance.

(a) iDive provides the Website and Services solely as a platform to connect Customers and Suppliers. We do not own, operate, manage, or control any Products listed on our Website and are not a party to any contract between a Customer and Supplier.

(b) We do not endorse, warrant, or guarantee any Supplier or Product and make no representations regarding their accuracy, reliability, quality, legality, safety, or suitability. All Products are offered by independent Suppliers who are not agents or employees of iDive. Your interactions, communications, and transactions with Suppliers are at Your own risk.

(c) You acknowledge that:

1. iDive is not liable for the acts, errors, omissions, warranties, representations, breaches, negligence, or misconduct of any Supplier.
2. iDive is not responsible for any personal injury, death, property damage, or other loss or expense arising from Your interaction with or use of any Product.
3. All contractual obligations, liabilities, and interactions relating to Products are strictly between the Customer and Supplier.

(d) iDive expressly disclaims, to the maximum extent permitted by law, all liability arising from or related to any transaction, communication, or interaction between Customers and Suppliers, including but not limited to the Product's quality, safety, delivery, compliance with applicable laws, or suitability for any purpose.

(e) We are not responsible for delays, cancellations, overbookings, force majeure events, strikes, government actions, or other disruptions outside of our control. No refunds or reimbursements will be provided in such circumstances unless required by law.

(f) We do not guarantee the accuracy of any content or Product listings on the Website and disclaim all liability for errors, omissions, or outdated information. The inclusion of any Product does not imply our endorsement or recommendation.

(g) To the fullest extent permitted by law:

1. iDive and its affiliates, officers, employees, agents, or licensors will not be liable for any direct, indirect, incidental, special, punitive, or consequential damages (including loss of profits, data, or opportunity) resulting from Your use or access of the Website or Services.
2. Our Services and Website are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. iDive makes no warranty that the Website, Services, or Products listed will meet Your requirements or be available on an uninterrupted, secure, or error-free basis.
3. iDive's total aggregate liability for any claim under these Terms is limited to the resupply of the Services.
4. iDive shall not be liable for any loss, corruption, or unauthorized access of data, or for any damages arising from the use or inability to use the Website or Services, including but not limited to loss of data or content.

(h) These limitations of liability:

1. Apply to all claims, whether in contract, tort (including negligence), statute, or otherwise;
2. Extend to disputes between users, including but not limited to disputes between Customers and Suppliers;
3. Will survive termination of these Terms and continue to apply even if any limited remedy fails its essential purpose.

(i) iDive does not guarantee uninterrupted, secure, or error-free access to the Website or Services. Access may be suspended or interrupted at any time for maintenance, upgrades, security, or other operational reasons without notice or liability.

(j) To the fullest extent permitted by law, iDive’s total aggregate liability to any User for any claim or series of related claims, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the lesser of AUD $100 or the total amount paid by the user to iDive in the twelve (12) months preceding the claim.

(k) Nothing in these Terms affects any non-excludable rights You may have under the Australian Consumer Law or, where applicable, UK or EU consumer protection laws.

(l)2 The limitations of liability provided in these Terms inure to the benefit of iDive.

(a) You agree to indemnify Idive, its affiliates, officers, employees, agents, contractors, licensors, and third-party content providers from and against any and all claims, actions, demands, suits, proceedings, liabilities, losses, damages, fines, penalties, costs, and expenses (including legal fees on a full indemnity basis), whether direct or indirect, arising out of or related to:

1. Any content You submit, post, upload, transmit, or otherwise make available through the Website ("Your Content");
2. Your use of, or attempts to use, the Website or Services, including any Purchase, interaction with Suppliers, use of any Product or reliance on any information;
3. Any breach by You of these Terms or violation of any applicable law, regulation, or third-party rights, including intellectual property, privacy, and contractual rights;
4. Your negligence, fraud, misconduct, or any unauthorised or unlawful use of the Website or Services.

(b) This indemnity applies to any consequence, loss, or damage suffered by iDive arising from Your actions or omissions, including reputational harm and operational disruption.

(c) iDive reserves the right to assume exclusive control of the defence of any matter subject to this indemnity. In such cases, You agree to cooperate fully with iDive's defence and cover all associated legal or administrative costs.

(d) This clause survives the termination of these Terms and continues to apply even after You cease using the Services.

(e) You agree to indemnify iDive, its affiliates, officers, employees , agents, contractors, licensors, and third-party content providers from and against any and all claims, actions, demands, suits, proceedings, liabilities, losses, damages, fines, penalties, costs, and expenses (including legal fees on a full indemnity basis), whether direct or indirect, arising out of or related to any act or omission of a Supplier, including but not limited to personal injury, property damage, breach of law, or violation of third-party rights, even if facilitated through the iDive Platform.

(a) We reserves the right, at its sole discretion, to suspend, restrict, limit, or permanently terminate Your access to all or part of the Website or Services at any time, with or without notice or liability. This may occur for any reason, including but not limited to:

1. Breach of these Terms;
2. Violation of any law or regulation;
3. Actions that damage, or risk damaging, iDive's reputation;
4. Infringement of the rights of others;
5. Technical, operational, or security concerns;
6. Detection of unauthorised access, data loss, or misuse; or
7. iDive choosing to discontinue or modify part or all of the Services.

(b) We may also terminate this Agreement at any time if it believes, in good faith, that doing so is necessary to protect iDive, its users, or third parties.

(c) Where required or appropriate, We may report suspected illegal conduct to the relevant authorities and cooperate fully with any resulting investigation.

(d) Termination of access does not affect any rights or obligations that have accrued up to that point. Any provisions in these Terms that are intended to survive termination - such as those relating to intellectual property, indemnity, warranties, disclaimers, limitation of liability, and dispute resolution - will remain in full effect.

(e) iDive reserves the right, at its sole discretion, to remove, suspend, or modify any Product listing, Supplier Account, or User Content at any time and for any reason, including suspected fraud, non-compliance, or risk to the Platform or its Users, without notice or liability.

(a) Suppliers are independent contractors and are not agents, partners, representatives, or employees of iDive.

(b) Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between iDive and any Supplier or Customer. iDive does not control or direct Suppliers, and Suppliers are solely responsible for their acts, omissions, and compliance with applicable laws

(c) We assume no responsibility or liability for any User Content posted, stored, or uploaded by You or any third party, or for any loss or damage arising from such User Content.

(a) All Terms, guarantees, warranties, representations, or conditions not expressly stated in these Terms are excluded.

(b) iDive is not liable for any indirect, incidental, special, or consequential damages (including lost profits, opportunity, or goodwill) arising from Your use or access of the Services, including delays or failure to supply Products.

(c) This clause does not limit or exclude any rights that cannot be excluded under applicable law, including Your rights under the Australian Consumer Law.

(a) These Terms are governed by the laws of New South Wales, Australia. By using the Website or Services, You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any dispute, claim, or legal matter arising out of or relating to these Terms or the Services.

(b) If You access the Website from outside Australia, You are solely responsible for ensuring compliance with any applicable local laws.

(c) Nothing in these Terms limits or excludes any rights or remedies You may have under the Australian Consumer Law or any liability that cannot be limited or excluded by law.

(a) These Terms constitute the entire agreement between You and iDive with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and iDive regarding the Services.

(b) Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including Your rights under the Australian Consumer Law.

(a) If any provision of these Terms is held to be invalid, unlawful, or unenforceable under the laws of New South Wales, Australia (or any other applicable jurisdiction where such law cannot be excluded), that provision will be interpreted, modified, or replaced to the minimum extent necessary to make it valid and enforceable, while preserving the original intent as closely as possible.

(b) If such modification is not possible, the provision will be deemed severed, and the remainder of the Terms will continue in full force and effect. This clause applies to all jurisdictions, to the fullest extent permitted by law, without affecting the validity and enforceability of the remaining provisions.