TERMS AND CONDITIONS OF USE
DIVE ASSIST.ORG Website-Terms and Conditions of use and legal restrictions
ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE (“TERMS”), DO NOT USE THIS WEBSITE.
This website is owned by DIVE ASSIST.ORG PTE LTD a limited liability company with offices located at 51 Goldhill Plaza, #07-10/11 Singapore 308900 (the “Site”). This document explains the terms and conditions for using our Site (the “Agreement”). By using our Site, or obtaining Site Member benefits through the SPECIFIED THIRD PARTIES COVERD BY THIS AGREEMENT you consent to this Agreement and any new version of it posted on Site or sent to you electronically since your last visit or last contact with the SPECIFIED THIRD PARTIES COVERED BY THIS AGREEMENT. If the Agreement is not acceptable, then please do not use our Site or obtain member benefits from the SPECIFIED THIRD PARTIES COVERED BY THIS AGREEMENT. This Agreement was last updated on: 1st October 2019.
YOUR MEMBERSHIP ACCOUNT & PASSWORD.
When you register an account as a PUBLIC MEMBER or as a TRADE MEMBER, you represent that you are at least 16 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A username and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to notify us if you believe your account is being accessed by others, we can then change your password promptly. Each user must register separately. You may not loan your username and password to others.
USING OUR CONTENT & SITE.
Our Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material (“Content”) that are the copyright, trademark or other intellectual property of the owners of this Site or third-party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name “DIVE ASSIST.ORG” and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third-party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive.
Displaying Our Emblem. Registered MEMBERS in good standing are granted the non-exclusive, worldwide right and license to publicly display our Emblem on their registered web site. The Emblem may not be altered or merged with other emblems or trademarks. If we issue a new version of the Emblem, you should replace the old one as soon as practicable. If your membership is suspended or terminated, you will promptly remove the Emblem and stop using it.
Linking to Our Site. Unless otherwise agreed you may not display our Content within a frame or border, or “deep link” or harvest Content from below our top-most URL. You will remove any such link to our Site that we find objectionable promptly upon request.
Our Downloadable Software & Digital Products. Where Our Site offers users the ability to download software and other digital products your use of any such products and related documentation, if any, that you download from the Site will be governed by any end-user license agreement (EULA) accompanying such materials. In the absence of any such EULA, then upon payment of any applicable fees, you are granted a personal, revocable, non-transferable license to install and use the products on a single computer in support of your own personal or internal business processes; provided, however, that any products designated in the documentation as a “web site component” may be incorporated as an integral feature of your web site and made available online (so long as no separate charge is made for use of such component). You may not otherwise transmit, distribute or otherwise make the Software available to others. As part of the download process, we may interrogate your computer solely to determine the products and versions already installed and for no other purpose. Except as stated in a EULA, Software is provided “AS-IS” and “AS AVAILABLE”.
Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favour. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief.
YOUR CONTENT & SUBMISSIONS.
Your Public Messages. Where Our Site includes certain interactive features that allow users to post, transmit and receive messages or content on discussion forums, web blogs, newsgroups, chat areas, calendars or other online channels (“Communications”), we do not prescreen or editorially control Communications on our Site. We reserve the right (but do not assume the responsibility) to block or remove any Communications brought to our attention which we consider in violation of this Agreement or detrimental to the Site or to any person.
Permission to Publish. Our Site does not claim ownership in the content of your Communications. If you make Communications, you irrevocably grant our Site (and any affiliates and sub-licensees) the worldwide, perpetual, royalty-free, sub licensable right and license to store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display and perform such Communications through the Site and to make such incidental and additional uses as may be needed to operate the Site and any affiliated sites through any media or technology now known or hereafter created. You irrevocably grant us the right to obtain a copyright in the “thread” or compilation of Communications on the Site generally, including your own Communications.
Your Hosted Web Site. Where Our Site allows registered users to create web sites hosted by our Site and to upload and remotely manage their own content and communications (“Hosted Sites”), the amount of storage space for Hosted Sites is limited. Please view the applicable FAQs or instructions to determine storage limitations. Registered operators may transact business on their Hosted Site. Any supplemental business services provided by us or by third party suppliers to Hosted Sites (e.g., order fulfilment or payment processing services) may be governed by supplemental terms, conditions and fees.
Data Management & Disclosure. We reserve the right to manage and operate our system resources and to archive or delete any files stored on our Site at any time. You are responsible for making back-up copies of any files that you wish to preserve. We may archive or delete files stored in accounts that have not been logged into and are inactive for an extended period of time, as determined by the Site. We do not claim any ownership rights in the contents under your account. We may disclose the contents of your account (a) as required by law or legal process, (b) to protect or defend the rights of the Site, (c) to enforce this Agreement, or (d) to protect the interests of any other user.
Prohibited Behavior. You will not upload, store or disseminate any Content or make any Communications which violate or infringe the intellectual property or privacy rights of any person or which a reasonable person would consider abusive, profane, hateful, racially or ethnically offensive, which are defamatory or harassing, or which violate or encourage others to violate this Agreement or any applicable law. You will not upload or transmit pornographic or obscene images or files, and you will not impersonate our personnel or disrupt the orderly operation of the Site. You will not use the Site to violate any applicable law, including but not restricted to the laws of Singapore, England, Latvia or other European Union Country or the United States or other countries securities laws or regulations. In order to protect itself, you agree that the Site may without liability to you actively cooperate with and furnish identifying and supporting information to any person likely to be harmed or affected by your violation of this Agreement and to any legal Authority or law enforcement agency conducting an investigation. You also agree not to make any Communication that encourages users to terminate their use of the Site or to use a competitor’s service.
Anti-Spam Restriction. You will not use our Site to make any Communications which are unsolicited bulk advertising or promotional messages (“spam”), so-called “chain letters,” pyramid schemes, or make Communications of a promotional nature other than through channels authorized by the Site. You may not harvest email addresses or instant messaging identifiers. Because the damage incurred by us in connection with spam campaigns may be difficult to ascertain, you agree to pay liquidated damages of SGD $20 per individual recipient of spam messages transmitted under your account if you knowingly cause spam to be sent.
THIRD PARTY LINKS, THIRD PARTY SPONSORS AND THIRD-PARTY ADVERTISERS.
Content, goods or services may be offered by third parties through hotlinks or advertisements contained on our Site or through private-branded areas that are controlled by third party providers. These are offered as a convenience to you. We have no control over and do not endorse third party content, goods or services. We act as a distributor and not as a re-publisher of third-party content and as an advertising channel for third party goods and services. Third party providers may change, add or discontinue their content or offerings at any time without notice. They may impose additional or different conditions on your use of their content or services (please read any additional terms that may be posted by such providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO THE THIRD-PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
We follow industry technical and management practices that we believe are reasonable under the circumstances to protect the confidentiality, security and integrity of information stored on our system.
WARRANTIES & LIABILITIES.
Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
Limitation of Liability. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS.
Indemnification. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement.
Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose.
Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, INSURERS AND REINSURERS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty and lack of uniformity of laws in other jurisdictions (particularly as applied to Internet sites), it is important to agree that our Site operates solely in Singapore, this constitutes our Locality. You are using the Internet as your own agent to access and use our Site from the local Internet point of presence (POP) here in our Locality and you are using the Internet or public carrier as your local agent to take delivery of any information, products or services in our Locality. This means all operations, services, deliveries, performance and contacts of our Site occur solely in our Locality. Our Site does not submit to personal jurisdiction anywhere else and you irrevocably waive any claim to the contrary.
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF SINGAPORE WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN THE DESIGNATED JURISDICTION (SINGAPORE) THAT DIVE ASSIST.ORG PTE LTD HAS CHOSEN AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don’t win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
TECHNOLOGY & DATA TRANSFER.
Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by domestic and certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Site that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of our Agreement.
European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and our Site is governed by the European Union Data Protection Directive or its successor or national laws implementing that Directive or successor, then you consent to the transfer of such information outside of the European Union to your country and to such other countries as may be contemplated by the features and activities provided by the Site.
RELATIONSHIP OF PARTIES.
Unless specifically stated in SPECIFIED THIRD PARTIES TO THIS AGREEMENT there are no other third-party beneficiaries of this Agreement.
Third Parties that are not stated in SPECIFIED THIRD PARTIES TO THIS AGREEMENT are independent, and to one another and are not related by franchise, partnership, employment, joint venture or otherwise to this AGREEMENT. You will look solely to the third party for all claims regarding their goods, services or information.
Where this Site is stated to be a party to any transaction between you and any third-party advertisers or suppliers, or where third parties are stated in this Agreement you accept and agree that they are also beneficiaries of this Agreement.
SPECIFIED THIRD PARTIES TO THIS AGREEMENT
DIVE ASSIST GROUP SIA (Latvia)
Indepths Ltd UK
H20 (insert details)
Dive Master Insurance Consultants Ltd
Rinkos Brokers Riga
Dive Assist.org EU Membership Support SH Consultancy
TRADE MEMBERS of Dive Assist.Org Pte Ltd and that are entered into the Group Insurance.
RIGHT TO RELY ON INSTRUCTIONS.
The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site’s automated criteria or which is believed by the Site’s personnel to be genuine. For any password protected areas, the Site may assume a person entering a username address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions.
CHANGES TO SITE.
We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions.
Either party may terminate this Agreement at their sole discretion, at any time with or without cause and regardless of the stated registration period otherwise applicable. We reserve the right to suspend or terminate operation of this Site, or any feature of this Site, at any time upon notice. Protections afforded to us and to third parties by this Agreement will survive termination. If this Agreement is suspended or terminated as a result of unauthorized use or infringement of rights to Content obtained from the System, you agree that upon request, you will destroy all copies of such Content in your possession or under your control.
UPGRADING YOUR FREE SITE MEMBERSHIP TO INSURED MEMBER BENEFITS JOINING THE DIVE ASSIST.ORG PTE LTD/DIVE ASSIST GROUP SIA INSURANCE POLICY AS AN ADDITIONAL COVERED PARTY.
When accepted by the Site’s Administrators or otherwise SPECIFIED THIRD PARTIES TO THIS AGREEMENTand you have paid the appropriate fee to upgrade your FREE SITE MEMBERSHIP to a package of INSURED MEMBER BENEFITS you will be notified electronically that you are enrolled as a COVERED PARTY subscribing to the DIVE ASSIST.ORG PTE LTD/DIVE ASSIST GROUP SIA GROUP Insurance.
DIVE ASSIST.ORG PTE LTD is an incorporated company within the Republic of Singapore, DIVE ASSIST GROUP SIA is an incorporated company within Latvia, in the EU and these companies both constitute THE INSURED.
You accept that DIVE ASSIST.ORG PTE LTD and DIVE ASSIST GROUP SIA ARE THE INSURED POLICY HOLDER.
INSURED MEMBER STATUS PROVIDES COVERED PARTIES with the benefits of the GROUP INSURANCE subject to the POLICIES Definitions, Conditions, which may include Conditions Precedent to Cover being given, and the Exclusions.
You accept that the INSURED and SPECIFIED THIRD PARTIES TO THIS AGREEMENT in granting you COVERED PARTY status of INSURED MEMBER do not act as the insurance Agent or insurance intermediary to you and the INSURED and its SPECIFIED THIRD PARTIES COVERED BY THIS AGREEMENT are not responsible for any regulated insurance advice.
The GROUP INSURANCE POLICY is arranged for the INSURED by Dive Master Insurance Consultants Ltd, SegurSub and Rinkos Brokers the AGENTS for the convenience of the INSURED and its MEMBERS. By upgrading to INSURED MEMBER status you agree that for advice and information about the GROUP INSURANCE POLICIES you will contact either Dive Master Insurance Consultants Ltd or SegurSub and/or Rinkos Brokers the AGENTS at the specified addresses for information about the GROUP INSURANCE POLICY. You accept that they will deal with your enquiries in English unless otherwise agreed.
DIVE ASSIST.ORG PTE LTD and DIVE ASSIST GROUP SIA provides access to their GROUP INSURANCE POLICY as a convenience to existing Free Public and Free Trade Site Members. Payment to upgrade membership to INSURED MEMBER STATUS includes an administration cost that includes premium contribution to the GROUP INSURANCE POLICY. DIVE ASSIST.ORG PTE LTD and DIVE ASSIST GROUP SIA receives administration fees only and it does not handle the base premium charged for the GROUP INSURANCE POLICY nor will it receive any insurance commission.
By joining the GROUP INSURANCE POLICY, you accept the Policy Conditions, including its benefits, conditions that are precedent to coverage being given, limitations, restrictions, and its exclusions.
You accept it is your responsibility to comply with the GROUP INSURANCE POLICY and any local law that would restrict or deny you the legal right to join the GROUP INSURANCE POLICY.
DIVE ASSIST COVERED MEMBERS of the GROUP INSURANCE POLICY that are below the age of 18 years of age or below the legal age of majority where they reside must obtain their parents or legal guardian’s agreement to these TERMS AND CONDITIONS prior to upgrading from Free Public or Free Trade Membership to INSURED MEMBER STATUS.
Being entered into INSURED MEMBER STATUS you accept to indemnify and to hold harmless DIVE ASSIST.ORG PTE LTD and DIVE ASSIST GROUP SIA and the SPECIFIED THIRD PARTIES TO THIS AGREEMENT its AGENTS the Insurers and their Reinsurers of the GROUP INSURANCE POLICY from any consequence of you not complying with or being in breach of local law or tax violation that prohibits you, restricts you, or levies fines and penalties on you for joining the GROUP INSURANCE POLICY.
You accept that by upgrading your membership to INSURED MEMBER STATUS and/or being enrolled into the GROUP INSURANCE POLICY the benefits meet your Demands and Needs and that you hold DIVE ASSIST.ORG PTE LTD and DIVE ASSIST GROUP SIA, the SPECIFIED THIRD PARTIES TO THIS AGREEMENT its AGENTS, Insurers and Reinsurers harmless from any and all consequence of the GROUP INSURANCE POLICY not meeting your Demands and Needs.
Your acceptance to hold DIVE ASSIST.ORG PTE LTD and DIVE ASSIST GROUP SIA, the SPECIFIED THIRD PARTIES TO THIS AGREEMENT its AGENTS, Insurers and Reinsurers harmless does not affect your rights to claim the benefits from the GROUP INSURANCE POLICY when your claim is covered by the GROUP INSURANCE POLICY and whilst you remain in INSURED MEMBER STATUS.
This document reflects our entire and exclusive Agreement and supersedes all other Agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document’s authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES.
If you believe content on our Site infringes your copyrighted work and you want the Site to take down the offending material, you will need to complete the following Notice of Copyright Infringement and mail or fax it to our Registered Agent (do not use this procedure for any other kind of communication):
Mail or Fax it to us:
Information Officer at DIVE ASSIST.ORG PTE LTD
51 Goldhill Plaza, #07-10/11 Singapore 308900
Fax it to: (INSERT FAX OF 3E)
Notice of Copyright Infringement
I certify under the penalties of perjury that I own or am authorized to act on behalf of the owner of the copyrighted work identified below. I believe in good faith that the copyrighted work has been used on your Site without authorization by the owner, its agents or according to law. I ask that you remove or block access to the infringing material.
Name of Copyright Owner:
Description of Copyrighted Work:
Description of Infringing Material:
Location of Infringing Material:
I can be contacted as follows:
I certify under the penalties of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.