This website can be accessed at www.absolutescuba.co.za, (“the site”) and is owned and operated by Absolute Scuba & Swim Online (“Absolute Scuba & Swim”, “we”, “us” and “our”).
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Absolute Scuba & Swim to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
The Website is not intended for anyone under the age of 18 years of age. By registering and using the website you are confirming that you are 18 years and older, or an emancipated minor or possess the necessary legal parental or guardian consent. Any goods which are added to the current store shall also be subject to the T&Cs. You can review the most current version of the T&Cs at any time on this page. We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.
2.1. We may collect the following information:
b) Contact information including email address
c) Demographic information such as postcode, preferences and interests
d) Other information relevant to customer surveys and/or offers
2.2. Absolute Scuba & Swim undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Absolute Scuba & Swim reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
2.3. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
2.4. Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
2.5. The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
2.6. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information
2.7. Third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
3. Limitation of liability
Absolute Scuba & Swim cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Absolute Scuba & Swim, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com.
Absolute Scuba & Swim shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from use of, or reliance upon, the website or the content in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
You hereby indemnify Absolute Scuba & Swim against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
4. Intellectual Property
All content included on the Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and is protected in terms of intellectual property laws in South Africa (including trade mark and copyright law) as well as international copyright laws. The compilation of all content on the Website is our exclusive property and is protected by copyright law. All software used on the Website is our property or that of our software suppliers and is protected by copyright law. The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on the Website registered and unregistered Trademarks belong to us. Nothing contained on the Website, except as expressly stated in the Terms, shall be construed by you as the granting of any license or right to use any Trademark without our prior written permission. All rights in and to the content and Trademarks are reserved and retained by us and/or our content suppliers. You further acknowledge that we and/or our content suppliers are the proprietors of all the content and Trademarks on the Website, whether it constitutes confidential information or not, and that you hold no right, title or interest in any such material.
5. Terms of Sale and Services
5.1. Product Description, Colours, Pricing and Availability
Products are displayed on the Website and described in the most accurate way possible. However, Absolute Scuba & Swim does not certify that the product descriptions, images or any other content of the Website is accurate, complete, reliable and/or error free. We have made every effort to display as accurately as possible the colours of the Products that appear on the Site. As the actual colours you see will depend on your computer’s monitor we cannot guarantee, however, that your monitor’s display of any colour will be accurate. The Products displayed on this Site are subject to availability and will be delivered only within the Republic of South Africa, within the defined areas as determined by the Company. All prices displayed on the Site are valid and effective only in the Republic of South Africa. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability whatsoever.
5.2. Orders and Payments
Absolute Scuba & Swim is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
A purchase contract (“sale”) only comes into effect if and when you electronically submit a properly completed order (“order”) for one or more products into your shopping basket. You will then be re-directed to a page on the website that allows you to add items to your electronic shopping cart. In order to submit your order you will need to click the “check out” icon and follow the instructions. Once this process is complete your order will be submitted to Absolute Scuba & Swim. Please note that an order is merely an offer to purchase and Absolute Scuba & Swim reserves the right to accept or reject your offer for any or no reason including, but not limited to, the unavailability of any product, an error in the price or the product description, or an error in your order. Please note that product stock of all items is limited and Absolute Scuba & Swim will take all the reasonable attempts to ensure that special offers are bought to an end when stock runs out. If we cancel due to our inability to fulfil your order in terms of the advertised price or product being sold out, we will provide a full refund of your order. Prices are shown in South African Rand. Prices of products are current at the time of display and are subject to change from time to time without notice. Payments may be made either by credit cards, via electronic bank transfers (“EFT”) or by cash deposit. In terms of credit card payments, at time of placing the order, the transaction details are presented to the bank and payment is collected automatically. However, if you select to pay via EFT, instructions on how to deposit monies into Absolute Scuba & Swim’s bank account and payment will be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer. If your payment is not received or declined by your bank or credit card issuer, we cannot hold your order and your order will not be processed.
5.3. Delivery of Products
Absolute Scuba & Swim only offers 1 method of delivery of Goods to you and that is via courier service. If you want to make collection arrangements please contact our office.
Orders will be processed within 48 hours receipt of payment. Thereafter products will be dispatched and delivered within 7-10 working days, excluding circumstances beyond our control, e.g. supplier delays, customs delays, strikes, acts of god, etc.
6. Disclaimer of warranties; Limitation 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 Absolute Scuba & Swim, 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.
We grant you a limited license to access the Website. This license does not permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
7.2. Terms and policy updates
Please note it is your responsibility to check the Website regularly to determine whether any changes have been made to the Terms and your continued use of the Website will be deemed your acceptance of the Terms.
7.3. Submission of personal information
Through the use of the Website you acknowledge and agree that you submit all and/or any of tour personal information willingly on our Website and for the use of such information by us as provided for in accordance with these Terms.
You may not frame or utilize framing techniques to enclose any Trademark, logo, or other proprietary information (itncluding images, text, page layout, or form) belonging to us and our affiliates without our prior written consent.
Except as explicitly stated otherwise, any notices shall be sent by you by way of email to firstname.lastname@example.org. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address/es for that purpose. You hereby agree that we shall use the email address provided by you are your address to receive all information, notices, documents and legal process. Notice shall be deemed given 48 (forty eight) hours after email is sent, unless the sending party is notified that the email address is invalid. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be “in writing”.
We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account or other content contained in your account. We will not be liable to you or any third party for doing so.
7.7. Jurisdiction and Choice of Law
These Terms will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute. You hereby consent and submit to the non-exclusive jurisdiction of the High Court of South Africa Gauteng Local Division, Johannesburg in any dispute arising from or in connection with these Terms.
8. Queries and Contact Information
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply have a query, you can contact Absolute Scuba & Swim at email@example.com.