OVERVIEW

This website is operated by Cornish Diving Centre. Throughout the site, the terms “we”, “us” and “our” refer to Cornish Diving Centre. Cornish Diving Centre offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Squarespace. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1: ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of 18 or above in the UK or at least the age of majority in your country,  state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.

SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3: ACCURACY, COMPLETENESS & TIMELINES OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4: MODIFICATIONS TO THE SERVICE & PRICE
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5: PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6: ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7: OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8: THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9: USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10: PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11: ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, Uk regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Cornish Diving Centre, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14: FORCE MAJEURE
Neither party (“Affected Party”) shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of the Affected Party’s obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond Affected Party’s reasonable control. In such circumstances [the time for performance of such obligation by the Affected Party shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed] OR [the Affected Party shall be entitled to a reasonable extension of the time for performing such obligation]. If the period of delay or non-performance continues for three months the other party may terminate this Agreement by giving 14 days’ written notice to the Affected Party.

SECTION 15: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cornish Diving and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 16: SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17: TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19: GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The United Kingdom of Great Britain and Ireland.

SECTION 20: CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21: CONTACT INFORMATION
Questions about the Terms of Service or requests for information on Privacy Policy or Returns Policy should be sent to us at info@cornishdiving.co.uk

TERMS & CONDITIONS: COURSES & EXPERIENCES

SECTION 1: FITNESS TO DIVE & MEDICAL DECLARATIONS
All students participating in PADI programmes are required to complete mandatory PADI course documentation. Known medical conditions must be declared and notified to Cornish Diving Centre, prior to the start of any in-water activity. Failure to declare medical conditions in accordance with the PADI Medical Statement will result in a temporary suspension from in-water activities until medical clearance is received. If you have any YES answers on your Medical Form then you need to get a Doctor to confirm fitness to dive. A doctor is required to complete the second page of the PADI Medical Statement and confirm that they find no medical conditions that they consider incompatible with diving. If this has not been done and you attend the course OR this results in you needing to reschedule because you will not be able to dive you will be charged the full rescheduling fee as listed below. If you are unsure, please check the PADI Medical Statement and Guidance Notes. If you are in doubt, we recommend speaking with your doctor and discussing the Medical Statement prior to booking your course or experience. All courses require a level of fitness consistent with the activity required. It is normally sufficient, for a general practitioner to assess and if any doubt may exist, this course of action should be taken. Most individuals tend to self-certify themselves for entry-level to non-professional courses and specialties. (A list of requirements for health and fitness are available from info@cornishdiving.co.uk or via the web site). Where medicals are required for professional-level courses, divers may have to undergo an appropriate diving medical to a defined standard for diving. The training agency or the Health and Safety Executive will set the standard, details of which are available.

SECTION 2: COURSE FEES
For PADI Experience Programmes including the Discover Scuba Diving, Discover Snorkelling, Bubblemakers, Reactivate, and others, payment in full is required to secure your booking. Upon receipt of payment, each participant is required to complete the appropriate booking forms which will be sent directly by email. All other PADI Courses require a booking in advance and your place on the course is not confirmed until full payment is made. The receipt of full payment and booking form will release your course materials, once your course materials have been allocated, this element cannot be refunded. Postage will be charged if you require course materials to be sent out. The collection from the centre is free. However, most PADI courses now use Digital Learning Materials and any PADI Digital Materials required will be provided within 48 hours (subject to office working hours) from the time of booking. Cornish Diving Centre does not operate a refund policy. Monies remaining on a student account can be used as credit within Cornish Diving for that student or another named party for recreational scuba courses. 

SECTION 3: CANCELLATIONS & NO SHOWS
No cancellations are available once you have received any course materials, or you have started any training (classroom, pool or open water). In the unlikely event a student chooses to cancel their course on medical grounds, a 50% cancellation fee or the cost of the PADI course materials, whichever is greater, will be charged. All cancellations must be submitted in writing and will be forwarded to senior management. However, a doctor's certificate will be required for cancellations made on medical grounds. 'No Shows’ are when you fail to turn up for a scheduled session without giving 24hrs notice. Payments made for the session will not be refunded or credited to a future session.

SECTION 4: RESCHEDULING
Should you need to reschedule a course or experience with less than the required notice period then a rescheduling fee will be applied. Rescheduling a course or experience after the start time of that session is classed as a ‘No Show’. If you are unable to attend a course, or part of a course and provide more than the required notice period for that course, we will endeavour to reschedule your course to another date that is suitable to you without any rescheduling fee. We do not provide any refunds and any part payments made for courses will remain in credit on said account for up to 1 year from the booking date. Failure to complete the full course requirements for any reason caused by the student will result in additional charges being made to complete the course at a later stage. This includes not being able to demonstrate competence to meet the performance requirements as laid down by the PADI Course Standards. If you are not willing to pay the additional fees to complete your course, a referral document will be issued to you which will hold good for a period of 12 months from the date of the last portion of the course completed. For PART A of the Open Water Diver Course, this is charged at £20 per Confined Water session. There are 5 CW sessions in PART A and you only need to pay for the sessions that were incomplete. In the event that a situation arises and Cornish Diving Centre is unable to deliver your course on pre-arranged dates, we will endeavour to give you as much notice as possible and will reschedule your course. Cornish Diving Centre requires a minimum of two students for a course to run unless the course is a private booking. If you cancel your course outside of 48 hours due to illness we may reduce your rescheduling fee but we will require a medical certificate from your GP within 7 calendar days. Failure to provide us with a medical within 7 days of the original course date will result in the listed Rescheduling Fee for that course. Cancelling a course or experience AFTER the start time of that session is classed as a ‘No Show’ (point 3).

SECTION 5: PERSONAL & CREDIT CARD DETAILS
We hold your personal details for a period of 7 years as required by PADI EMEA. We will, at all times, treat your details with respect and will never share them with any other company. Credit card details are never stored in any way. Please see our Privacy Policy for full details.

SECTION 6: PAYMENT INFORMATION
We accept all major credit and debit cards, including Visa, Mastercard, and Maestro (Switch). You can also pay by Cash. Bank transfers are also possible and our bank details can be supplied upon request. Please allow at least 3 working days for the transfer to credit our account. We prefer online payments wherever possible.

SECTION 7: PREPAID GIFT CARDS
Each gift card is valid for a maximum of 12 months unless otherwise stated. The voucher will be deemed to be invalid if it is out of date. The validity period is normally stated on the gift card, voucher, or invoice. If the customer or recipient is unable to utilise the voucher before the expiry date then upon the customer contacting Cornish Diving Centre prior to the stated expiry date and paying an administration fee of £25 (if the activity has increased in price the additional amount will have to also be paid at the time) the company will if agreed, issue a voucher extension cover letter granting an additional period of time in which to take the goods or services. After a voucher has been extended it cannot be extended a further time. Vouchers can only be extended if they are inside their expiry date. Vouchers are representative of goods or services to the face value of the voucher. The vouchers may only be redeemed against the goods or services stated and cannot be exchanged for cash.

SECTION 8: FORCE MAJEURE
Neither party (“Affected Party”) shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of the Affected Party’s obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond Affected Party’s reasonable control. In such circumstances, the time for performance of such obligation by the Affected Party shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed OR the Affected Party shall be entitled to a reasonable extension of the time for performing such obligation. If the period of delay or non-performance continues for four months the other party may terminate this Agreement by giving 14 days’ written notice to the Affected Party.

SECTION 9: COURSE EQUIPMENT
For all recreational courses, we can provide all equipment. For technical courses it is highly recommended that participants use their own equipment, however equipment can be provided in discussion with the dive centre. If we have fitting issues then we will do everything we can to source equipment subject to availability. However, each diver is different and we may not be able to accommodate every divers size. Any existing diving certification held and logbooks plus any dive equipment you own that you wish to use on the course. For further education diving activities, the onus is upon the customer to provide valid certification and make suitable arrangements for any required equipment such as diving kit, etc. Where hire kit is loaned or provided, as part of a course, this will be shown on the invoice. Where equipment is hired FOC for the purpose of the course the Customer is responsible for the care and ownership of the equipment and is solely responsible for any damages or losses. I understand that any equipment lent to me by Cornish Diving Centre is solely my responsibility, and that I am required to replace or pay for any damage, loss or breakages. I also understand that it is my responsibility to report any faults or damage to any piece of equipment to a member of staff before entering the water.

* PLEASE NOTE A £30 Cleaning charge will apply if you urinate in our wetsuits/semi dry suits *

SECTION 10: TRANSPORT
Cornish Diving does NOT provide transport to the Open Water dive sites. We will make every effort to try and get you a car share with another student but if this is not possible you will be expected to make your way to the site by your own means.    

SECTION 11: RISK

Statement of risk and liability - This is a statement in which you are informed of the risks of skin and scuba diving. The statement also sets out the circumstances in which you participate in the diving program at your own risk. Your signature on this statement is required as proof that you have received and read this statement. It is important that you read the contents of this statement before signing it. If you do not understand anything contained in this statement, then please discuss it with your instructor. If you are a minor, this form must also be signed by a parent or guardian.

Warning - Skin and scuba diving have inherent risks that may result in serious injury or death. Diving with compressed air involves certain inherent risks; decompression sickness, embolism or other hyperbaric injury can occur that require treatment in a recompression chamber. Open water diving trips that are necessary for training and for certification may be conducted at a site that is remote, either by time or distance or both, from such a recompression chamber. Skin and scuba diving are physically strenuous activities and you will be exerting yourself during this diving program. You must advise truthfully and fully inform the dive professionals and the facility through which this program is offered of your medical history.

Acceptance of Risk - I understand and agree that neither the dive professionals conducting this program, nor Cornish Diving Centre, nor any of their respective employees, officers, agents, volunteers, contractors or assigns accept any responsibility for any death, injury or other loss suffered by me to the extent that it result from my own conduct or any matter or condition under my control that amounts to my own contributory negligence. In the absence of any negligence or other breach of duty by the dive professionals conducting this program, Cornish Diving Centre, through which this program is offered, and all parties referred to above, my participation in this diving program is entirely at my own risk.