Our Terms of Service were last updated on August 1st, 2022.
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
"Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
"Account" means a unique account created for You to access our Service or parts of our Service.
"Company" (referred to as either "the Company", "BlueWebNet", "We", "Us" or "Our" in this Agreement) refers to Blue Web Net Ltd.
"Data", "Content" refers to information that can recorded by You, regardless of the form of that content.
"Device" means any device that can access the Service such as a computer, a cellphone or a digital tablet.
"Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
"Service" refers to our Dive Booking web application.
"Terms of Service" (also referred as "Terms" or "Terms of Service") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
"Third-party Social Media Service" means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
"Website" refers to DiveBooking website, accessible from https://www.divebooking.blue or any subdomain such as https://www.demo.booking.blue
"You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service allows You to record Data. You are responsible for the Data that You post to the Service, including its legality, reliability, and appropriateness.
You represent and warrant that: (i) the Data are Yours (You own them) or You have the right to use them, and (ii) the posting of Your Data to the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
As the Company does not control data saved by users and/or third parties on the Service, you agree to use the Service at your own risk. You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Data are performed, the Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Data that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Data. But You acknowledge that the Company has no liability related to the integrity of Data or the failure to successfully restore Data to a usable state.
You agree to maintain a complete and accurate copy of any Data in a location independent of the Service by using the Backup tool in your account.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
All content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all softwares used to provide the Services (collectively, "Service Content"), are the property of the Company or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Service Content. Any use of the Service Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Service Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Agreement are reserved to the Company and its licensors.
Subscriber Content includes any content recorded in the Service by you and users through your Service account. You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through the Service. By recording Subscriber Content through the Service, you represent and warrant to the Company that (i) you have all necessary rights to record such Subscriber Content, and (ii) such Subscriber Content does not infringe or violate the rights of any third party.
You hereby grant to the Company, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to make archival or back-up copies of the Subscriber Content. Except for the rights expressly granted above, the Company is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
Using our Service allows you to register personal data of your customers and then you must follow the guidances for recording personal data. Read our Privacy Policy to learn more about your duties.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding Subscriber Content and your use of the Services. The Services are controlled and operated by us from our offices and we make no representation that the Services are appropriate or available for use in any location. Those who access the Services do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in their locations. We do not offer the Services where prohibited by law. For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR). To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf.You will be solely responsible for all activities conducted on or through our Service, including any transactions or interactions with all users of the Service. You will be solely responsible for providing such users with any required disclosure or explanation of the various features of the Service and any goods or services offered thereon, as well as any terms of use and Privacy Notice for the Service.
You will cooperate fully with the Company in connection with the Company's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Service. Delays in your performance of your obligations under this Agreement will extend the time for the Company's performance of its obligations that depend on your performance.
You will be solely responsible for backing-up all data stored through the Service. This is an affirmative duty. the Company is not responsible for the loss of any your data.p and Restore.
The Company complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. Nevertheless the Company do not record your credit card details.
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan. Only the first month will be paid at the end of the trial period of 30 days.
the Company may change the prices from time to time. the Company may increase the fees for the Services (i) as permitted in the applicable Service description published on the Service website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by the Company through your account billing tool or other methods of communications and notices sent or posted by the Company.
To ensure uninterrupted service, the Service will automatically renew on your renewal date.
Unless you cancel the Service or disable the automatic renewal option in your account, following the expiration of the Initial Term the Service will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, the Company shall provide to you notice of the upcoming charge for each renewal no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for the Service with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of your Service without any prior notice.
If you do not want the Service to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. You can disable automatic renewal in your account profile.
the Company offers plans for a fixed period of time that you select upon purchase (e.g., 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to stop using our Service. You can cancel or disable automatic renewal from your Service account.
In the event that the account expires, all your data will be permanently removed from our server within & month. Please make a backup of all your data before you account expires.
If you fail to pay the fees due for the Service, we may suspend or terminate your Service. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost data that results from any suspension or termination of the Service.
You may terminate the Service you purchased at any time during the Term by giving the Company notice by email. The cancellation request is subject to verification of ownership of the account, as determined in the Company's sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all your data will be permanently removed from the server. Please make a backup of all data before you contact the Company to cancel your account.
If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid.
The laws of Seychelles, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
By using the Service, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People's Republic, or the Luhansk People's Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms of Use may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms of Use, You can contact us:
