Terms & Conditions
1. Terms
This Online Course Agreement (“Agreement”) is made by and between The Scuba Species LTD (the “Company”) and you to govern your use, access and participation in the online course provided by the Company on the website https://thescubaspecies.thinkific.com
By accessing this website and purchasing products from The Scuba Species LTD and its related entities, you are agreeing to be bound by these Terms of Use and all applicable laws and regulations.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM AND INFORMED NOT TO USE OR ACCESS THIS SITE NOR TO PURCHASE ANY OF THE PRODUCTS MADE AVAILABLE TO THE PUBLIC BY THE SCUBA SPECIES LTD AND ITS RELATED ENTITIES.
2. Payment
2.1 In order to purchase any of the Courses, you must register an account via the Website. If you already have an account on the Website, you can log into your account using your user name and password.
2.2 By selecting a Course on the Website, you agree to pay the Company the fees indicated for that Course.
2.3 Payment processing related to the Course is performed by either the Company directly or by the Company’s affiliates on behalf of the Company depending on the type of Payment method used.
2.4 You agree to Pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You also agree to pay all applicable taxes. You must provide the Company with valid payment information in connection with your orders. By providing the Company with your payment information, you agree that (i) the Company is authorised to immediately invoice your account for all fees and charges due and payable to the Company hereunder, (ii) the Company is authorised to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services), and (iii) no additional notice or consent is required for the foregoing authorisations. You agree to immediately notify the Company of any change in your payment information. The Company reserves the right at any time to change its prices and billing methods. If payment cannot be charged to your payment card or your payment is returned for any reason, the Company reserves the right to either suspend or terminate your access to the Course(s).
2.5 When you provide payment information to the Company or to one of its payment processors, you represent to the Company that you are the authorised user of this card, PIN, key or account associated with that payment, and you authorise the Company to charge your credit card or to process your payment with the chosen third-party payment processor for any product or other fees incurred by you. The Company may require you to provide your address or other information to meet its appearance under tax law.
3. Course Terms
3.1 By purchasing any course, you are granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the course. You are granted the right to download, store and print single copies of items comprising the Course. All ownership rights in the intellectual property related to the course remain with the Company and you may not use or reproduce any of the content in any manner, without the express written consent of the Company. Any violation of the copyright or trademark rights of the Company shall result in immediate termination of access to the course without refund.
3.2 The Company and its licensors shall retain ownership of all Courses, contents, and information on the Website and it shall remain the property of the Company.
3.3 You understand and agree that the Course material may not be shared, copied, and/or distributed to third parties. The Company reserves the right to terminate your access to the Course in its sole discretion if the Company suspects that you have shared the log-in information with a third party.
3.4 You will have lifetime access to the Course purchased by you under this Agreement. However, this license shall automatically terminate if you violate any of these restrictions and the License may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Acceptable Use
4.1 You agree not to use the Course or the Website for anything that violates local, state, national or international law or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Company.
4.2 You further agree not to use the Course or the Website:
- To harass, abuse, or threaten others or otherwise violate any persons legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others
4.3 The Website may enable you to share content, such as posts you make in forums. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates this agreement.
5. Liability
5.1 The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be Legal advice, medical advice or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at own risk. We do not assume any responsibility or liability for any advice or other information given in the Course, in the Materials, or in the Website.
5.2 Neither the Company nor any of its directors, employees or agents warrant that the Course and/or Website will be uninterrupted or error-free, or give any warranty as to the results to be obtained from the use of the Course and/or Website. In no event will the Company or its directors, employees, or agents be liable to you for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Course and/or Website, including but not limited to damages resulting from loss of data or loss of profits.
5.3 The Company is not responsible for any suspension or interruption of the Course and/or the Website or any other part of the system due to force majeure and other factors.
5.4 The Company does not guarantee that the system is stable and uninterrupted.
5.5 The Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked website is at the user's own risk.
6. Affiliate Marketing & Advertising
6.1 We engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising or sponsorship from commercial businesses or receive other forms of advertising compensation.
7. Revisions and Errata
7.1 The Company will only provide you with the service based on its current function and current status and reserves the right to modify all or part of each service function at any time.
7.2 You accept that you will not have any recourse against the Company if the Website and/or any Course is down, either for planned or unplanned maintenance.
7.3 Although the Company will use reasonable efforts to keep the website and the Courses reasonably accurate, the Company make no representations about the suitability, reliability, availability, timelines, and accuracy of the information, software products, services and related graphics contained on the Website for any purpose. All such information, software, products, services and related graphics are provided “as is”.
7.4 Whilst the Company uses our best endeavours to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use and/or consequential loss arising out of or in connection with this website or the information or the data contained in it.
8. Refunds
8.1 If you are for any reason unsatisfied with the Courses purchased you have 30 days from the date of purchase to initiate your return. After the 30 day period, you will no longer be eligible for return. Refunds will be issued in the form of the original payment and may take several weeks to complete. The Company reserves the right to right to modify or cancel this offer at any time.
9. Site Terms of Use Modifications
9.1 The Company may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use and you will be responsible to make ongoing and regular review of these terms.
9.2 If any provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
10. Entire Agreement
10.1 This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
11. Indemnification
11.1 You agree to defend and indemnify the Company and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defence, if we wish.
12. Governing Law
12.1The Parties shall use all reasonable endeavours to resolve any dispute amicably and in good faith.
12.2 This document is governed by and are to be constructed in accordance with English Law.
12.3 All disputes controversy, difference or claim arising out of or in connection with this document, including any question regarding its existence, validity or termination, or any dispute regarding non-contractual obligations shall be finally settles under the arbitration rules of the London Court of International Arbitration by one or more arbitrators appointed in accordance with the said rules. The seat of arbitration shall be London and proceeding shall be conducted in English.