Standard Terms and Conditions of Contract for Catch A Dive (Pty) Ltd.
By booking with Catch-a-Dive the client accepts the Terms & Conditions.
All Services rendered by or on behalf of Catch A Dive (Pty) Ltd, to the Clients are subject to the Terms and Conditions as set out below.
Nature of the services rendered by Catch A Dive (Pty) Ltd
Catch A Dive (Pty) Ltd renders the service to market scuba diving packages, with its primary focus on diving sites around the world.
Clients may request quotations and be entitled to confirm bookings and place reservations relating to its travel, accommodation and/or other service requirements
For the avoidance of doubt, the Services do not include any advisory or consultancy services.
The Client and Authority
Any person(s) wishing to utilise the Services, indicates their acceptance of the Conditions by clicking on the “continue” button on the passenger information page, prior to the conclusion of any transaction with Catch A Dive (Pty) Ltd. Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED the Conditions and to have the authority to do so on behalf of the person in whose name the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).
Third Party Service Providers
Catch A Dive (Pty) Ltd provides Clients with the Services either itself or acting on behalf of principals engaged in or associated with the travel and/or accommodation industries, such as airlines, hotels and/or other service providers or suppliers (collectively referred to as ‘the Principal’). Catch A Dive (Pty) Ltd represents the Principal as agents only AND ACCORDINGLY ACCEPTS NO LIABILITY for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or willful misconduct of Catch A Dive (Pty) Ltd or any person acting for or controlled by Catch A Dive (Pty) Ltd) which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise. The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any RIGHT OF RECOURSE the Client may have, will be solely against the Principal.
Catch A Dive (Pty) Ltd shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal and to the extent possible, a copy of the terms and conditions applicable to the Client’s booking with the relevant Principal(s). It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).
Clients purchasing tickets with different Airlines are subject to the airlines Terms and Conditions
Booking Enquiries & Reservations
Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, trip, tour and mode of travel, preferred accommodation and/or other service on Catch A Dive (Pty) Ltd’s website www.Catch-a-Dive.com, or (ii) initiated such an enquiry with Catch A Dive (Pty) Ltd by any other means of communication including by means of access to the Sites via booking kiosks, if applicable, (collectively referred to as ‘the Enquiry’), the Sites will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, by SMS or telephonically) (‘the Quote’). THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites or accepts the Quote telephonically or via email. 50% payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). Once the online Booking or Booking affected by Catch A Dive (Pty) Ltd has been completed and the Client has authorized Catch A Dive (Pty) Ltd to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Booking Confirmation Form’). IN THE CASE OF AIR TICKETS, FULL PAYMENT FOR THE BOOKING NEEDS TO BE MADE AND REFLECT IN THE BANK ACCOUNT OF CATCH A DIVE (PTY) LTD BY MIDNIGHT South African time on the day that the Booking was made in order to guarantee the fare quoted according to the Booking Confirmation Form.
The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet. It ALSO ACKNOWLEDGES that the internet Booking has been compiled and is managed and updated by the Principal, and that Catch A Dive (Pty) Ltd has no control over information compiled by the Principal. Accordingly CATCH A DIVE (PTY) LTD CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Principal. Any right of recourse in that regard will be against the Principal.
Quotes are provided at the ruling daily exchange rate. Until Catch A Dive (Pty) Ltd has received Payment, it RESERVES THE RIGHT to amend any Quote. Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND. Any decrease in the QUOTE prior to the date of Payment will be reflected in the Quote itself. The onus will be on the Client to check that there have been no changes in the Quote prior to making the Payment. Airfares are subject to the price and conditions quoted by the airlines. However, once Payment has been received, the Quote is guaranteed PROVIDED THAT the payment was made by midnight on the day that the Booking was made. Should the Client be a group booking and the group number deviate from the number required for the Booking, the PRINCIPAL MAY RESERVE THE RIGHT to re-cost the Quote and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the Principal CANCELLING THE BOOKING AND RETAINING any payment made, and Catch A Dive (Pty) Ltd will be entitled to retain any service fees charged.
The person or company or principal (hereinafter called the ‘Client’) commissioning Catch-a-dive (Pty) Ltd. to carry out mutually agreed travel arrangements to be designated by the client, by placing such booking with Catch-a-dive, thereby recognize and agrees the following General Conditions of Travel;
1) Accommodation and/or other arrangements of whatever nature are made by Catch-a-dive on behalf of our client. At all times Catch-a-dive acts as an agent and not as a principal.
2) Although Catch-a-dive endeavors to inspect accommodation where accommodation for our client(s) is arranged it might occur that in some cases accommodation is arranged in accommodation not previously used by Catch-a-dive. shall not be liable for any claims arising from alleged inadequacy, lack of quality or any other failing in accommodation.
3) If for any reason, outside the control of Catch-a-dive the arrangement cannot be carried out, all monies paid will be returned to our client, subject to a reasonable remuneration for the work done and costs incurred by Catch-a-dive.
Payment is to be made after we confirm accommodation is available and you received a reservation number.
A booking deposit of 50% is required, arrangements held by Catch-a-dive will only be considered confirmed upon receipt of the deposit in our bank account via one of the options available. Deposit should be settled within 7 working days after you received your confirmed reservation number.
Failure to pay the deposit required by the date indicated may result in the cancellation without further notice to the client.
Any booking will need to be prepaid in full within 8 weeks (60 days) of travel.
Reservations made less than 31 days prior to arrival have to be paid in full within 48 hours.
The deposits will be forfeited if cancelled less than 60 days before date of arrival. If a cancellation is made before this date, Catch-a-dive will endeavor to keep supplier charges to a minimum, although the client will in all cases, be responsible for any charges levied.
Notwithstanding this, Catch-a-dive reserve the right to levy a charge of up to 100% on any tour cancelled within 28 days of departure.
Catch A Dive (Pty) Ltd is a South African company and all transactions are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may therefore be levied by your merchant bank if payment is made from another country and/or in another currency other than South Africa. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. Catch A Dive (Pty) Ltd shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant, or bank pursuant to the confirmation of a booking.
These fees cover the costs incurred by Catch A Dive (Pty) Ltd in booking and servicing your travel reservation. We reserve the right to charge a service fee for any additional services rendered.
The proposed travel arrangements are made on the EXPRESS CONDITION that Catch A Dive (Pty) Ltd, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur.
It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness, accident or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list). Catch A Dive (Pty) Ltd will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon Catch A Dive (Pty) Ltd to affect insurance for the Client (since this service does not fall within the scope of the Services) except upon detailed instructions given in writing by the Client. All insurance affected by Catch A Dive (Pty) Ltd pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk. Catch A Dive (Pty) Ltd shall NOT BE OBLIGED to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only. Please note that various credit card companies offer limited levels of travel insurance, which in Catch A Dive (Pty) Ltd’s view may not be sufficient cover for international travel. The CLIENT IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determines whether this is sufficient for the Client’s requirements.
Documents (for example booking confirmations, itineraries etc.) shall only be prepared and released to the Client on receipt of the Payment.
Passports, Visas & Health
It is ENTIRELY THE CLIENT’S RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained. The Client is STRONGLY ADVISED to check the relevant requirements before travelling. Catch A Dive (Pty) Ltd will endeavor to assist the Client but such assistance will be at Catch A Dive (Pty) Ltd’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, Catch A Dive (Pty) Ltd IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES CATCH A DIVE (PTY) LTD against any consequences of the Client’s failure to comply with any such requirements. It is the CLIENT’S DUTY to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements
Warning: Malaria and other tropical Diseases
Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria and other tropical diseases. It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence we recommend that the Client checks with their medical practitioner before departure or a medical practitioner well versed in tropical diseases immediately upon arrival at any tropical or sub-tropical destination. If this has not been done prior to departure, it is imperative to do so upon return.
An amendment fee per Booking may be levied for any changes to the confirmed itinerary and or ticket. The Travel Agent’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.
In the event of the Client cancelling the Booking, Catch A Dive (Pty) Ltd shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and claim reasonable damages suffered by Catch A Dive (Pty) Ltd, provided that Catch A Dive (Pty) Ltd shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the Booking or reservation due to the death or hospitalisation of the Client. The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment (less Catch A Dive (Pty) Ltd’s service fee) will be refunded by the Principal to the Client without any further obligation on the part of Catch A Dive (Pty) Ltd. Catch A Dive (Pty) Ltd will CHARGE A FEE for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Conditions or the Sites. Principals may charge cancellation fees over and above the cancellation fees charged by Catch A Dive (Pty) Ltd in terms of this Condition.
In the unlikely event of there being an unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Catch A Dive (Pty) Ltd, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL ACCOMMODATION ETC.) WILL BE FOR THE CLIENT’S ACCOUNT.
Itinerary Variations & Transfers
While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience e.g. in some cases, weather conditions can necessitate an alteration in the itinerary. Any such variations in the final itinerary do not constitute any reason for a refund and Catch A Dive (Pty) Ltd shall NOT BE HELD LIABLE for any such variations. IT IS THE CLIENT’S DUTY to check each amendment to the itinerary.
Law & Jurisdiction
These Conditions shall be governed by the law of South Africa and the jurisdiction of South African courts will govern the relationship between the Client and Catch A Dive (Pty) Ltd. Catch A Dive (Pty) Ltd SHALL BE ENTITLED to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Clients who have special requests must specify such requests in writing to Catch A Dive (Pty) Ltd prior to the final confirmation of a Booking. Whilst Catch A Dive (Pty) Ltd will use its best endeavors to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.
Amendments of these Conditions
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Catch A Dive (Pty) Ltd.
Foreign Exchange Regulation Compliance
Foreign Exchange Regulation Compliance is the CLIENT’S EXCLUSIVE DUTY. This will apply especially when the Client instructs Catch A Dive (Pty) Ltd to make and pay for travel arrangements on the internet.
Documents required for travelling
It is the CLIENT’S EXCLUSIVE DUTY to ensure that it is in possession of all relevant travel documents prior to commencing with its travels. For example, the Client must be ready to show their passport or identity document and e-ticket at the check-in counter of the airline concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation. Certain airlines require the physical credit card, used to make payment, to be presented at check-on or a copy of the credit card and the card-holders ID, in addition the above mentioned documents. The requirement to have a valid passport or identity document will apply to all members of a travelling party and for each minor travelling (including infants).
If the Client requests or instructs Catch A Dive (Pty) Ltd to effect bookings via the internet, the Client IRREVOCABLY AUTHORIZES Catch A Dive (Pty) Ltd to do the following on its behalf (1) make any selections of and for the proposed travel arrangements (2) inform the Client of the prices attached to the proposed travel arrangements PRIOR TO CONFIRMING the booking and (3) make payment for such booking and ancillary services.
Limitation of Liability
CATCH A DIVE (PTY) LTD, ITS OFFICERS, DIRECTORS, SERVANTS OR AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY CLAIM, LOSS, DAMAGE OR INJURY SUFFERED BY ANY PERSON WHETHER TO THEIR PERSON OR PROPERTY, HOWSOEVER CAUSED WHETHER OR NOT ARISING FROM ANY ACT, OMISSION, DEFAULT, OR NEGLIGENCE ON THE PART OF CATCH A DIVE (PTY) LTD.
In the event that Catch A Dive (Pty) Ltd has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Catch A Dive (Pty) Ltd is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.
Subject to statutory constraints or compliance with an order of court, Catch A Dive (Pty) Ltd undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
Confirmation of Travel Arrangements
All onward travel arrangements (local, international and on return to RSA, domestic connecting flights) must be RECONFIRMED BY THE CLIENT 72 (seventy-two) hours prior to departure.
General Terms and Conditions for Online Bookings:
The Sites are owned by Catch A Dive (Pty) Ltd and the domain names are registered in the name of Catch A Dive (Pty) Ltd. All intellectual property rights in and to the aforementioned vests in Catch A Dive (Pty) Ltd. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Catch A Dive (Pty) Ltd.
Copyright and Trademark Notices
All contents of the Sites are registered to: Catch A Dive (Pty) Ltd, P O Box 76096, Lynnwood Ridge, Pretoria. Catch A Dive (Pty) Ltd Online Travel Operations (Pty) Ltd and the blue circle logo are trademarks (whether registered or unregistered) of Catch A Dive (Pty) Ltd. All rights in and to any copyright or registered or unregistered trademarks of Catch A Dive (Pty) Ltd remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.
Changes & Modifications of these Terms and Conditions
Catch A Dive (Pty) Ltd may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Catch A Dive (Pty) Ltd will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be. The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.
Access and Use
The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms. By clicking “continue” on the Passenger information page, prior to any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.
Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. Catch A Dive (Pty) Ltd may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others [provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination as contemplated in section 9 of the Constitution of the Republic of South Africa, 1996 or Chapter 2 of the Promotion of Equality and Prevention of Unfair Discrimination Act].
Personal and non-commercial Use Limitation:
The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel, accommodation and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Catch A Dive (Pty) Ltd or the Principals. Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes. Whilst the Client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the Sites, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites. In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:
- access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Catch A Dive (Pty) Ltd;
- violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
- take any action that imposes, or may impose, in the discretion of Catch A Dive (Pty) Ltd, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
- deep-link to any portion of the Site (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Catch A Dive (Pty) Ltd.
The information, software, products, and services published on the Sites may include inaccuracies or typographical errors. In particular, Catch A Dive (Pty) Ltd DOES NOT GUARANTEE THE ACCURACY of the hotel, air, and other travel products displayed on the Sites (including, without limitation, photographs, lists of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Principals. Catch A Dive (Pty) Ltd DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions. Hotel ratings displayed on the Sites are intended as only general guidelines, and Catch A Dive (Pty) Ltd DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.
Catch A Dive (Pty) Ltd may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’. Catch A Dive (Pty) Ltd makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Catch A Dive (Pty) Ltd. For the avoidance of doubt, the services rendered by Catch A Dive (Pty) Ltd do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.
The Travel Agent hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. The Principals are independent contractors and not agents or employees of Catch A Dive (Pty) Ltd or its affiliates. Affiliates include websites which click-through to the Website. Catch A Dive (Pty) Ltd is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof. Catch A Dive (Pty) Ltd and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.
In no event shall Catch A Dive (Pty) Ltd and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability, or otherwise, even if Catch A Dive (Pty) Ltd and/or its respective suppliers have been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
By offering travel for sale to particular international destinations on the Sites, Catch A Dive (Pty) Ltd does NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and is NOT LIABLE for damages or losses that may result from travel to such destinations.
The Client AGREES TO DEFEND AND INDEMNIFY Catch A Dive (Pty) Ltd and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:
- the Client or on the Client’s behalf [in excess of the liability described above]; or
- by third parties as a result of;
- the Client’s breach of the Online Conditions and Notices or any other documents referenced herein; or
- the Client’s violation of any law or the rights of a third party; or
- the Client’s use of the Sites.
No unlawful or prohibited Use
The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of South African law.
Links to other Websites
There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Catch A Dive (Pty) Ltd and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. Catch A Dive (Pty) Ltd’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators. Catch A Dive (Pty) Ltd has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites. The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it. The CLIENT INDEMNIFIES Catch A Dive (Pty) Ltd against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.
Please note that the use of this Website is subject to the STC and specifically subject to South African law and the jurisdiction of South African courts.
Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.
THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Catch A Dive (Pty) Ltd as a result of this agreement or use of the Sites.
Catch A Dive (Pty) Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Catch A Dive (Pty) Ltd’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by Catch A Dive (Pty) Ltd with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Catch A Dive (Pty) Ltd with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Catch A Dive (Pty) Ltd with respect to the Sites.
Any rights not expressly granted to Catch A Dive (Pty) Ltd herein remain reserved.
All the terms and conditions displayed on the Sites constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Catch A Dive (Pty) Ltd or otherwise that is not included herein.