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Terms and Conditions

By using this web site you agree that your access to use of this web site and all purchases of merchandise through this web site are subject to all the terms and conditions set out in this notice. You agree that any such access or use is undertaken at your own risk. You hereby acknowledge that you are over 18 years of age.
If you do not agree to these terms and conditions or are under 18 years of age please exit this site immediately.

1. USER AGREEMENT

1.1. Please read these Terms and Conditions carefully. By using Diversworld.com.au you accept these Terms and Conditions and our Privacy Policy. We may change these terms at any time and changes will be posted on Diversworld.com.au.

2. DIVERSWORLD VIP MEMBER SUBSCRIPTION

2.1. By subscribing to DiversWorld VIP Member news you are agreeing with the following terms and conditions and Privacy Policy. You are opting in to receive email, mail, SMS and telephone communications. To stop receiving communications from DiversWorld, you can opt out by using the “Unsubscribe” button at the end of our newsletters, calling or texting us back.

2.2. The welcome voucher will be emailed to you within 24hrs and is valid for purchases over $50. It is limited to one per customer and valid for three years from the date of issue. The voucher can only be redeemed once and cannot be used in conjunction with any other offer. Email vouchers must be presented in store to be redeemed. To redeem online, the promotional code must entered at checkout. Vouchers are not transferable and cannot be redeemed for cash.

3. INVOICES & TAXES

3.1. All prices are quoted in $AUD & include GST (Australian Goods and Services Tax). Tax invoices itemising GST will be sent with all products. 3.2. All prices are accurate at the date of publishing. We reserve the right to change prices without notice.

4. ONLINE ORDERS

4.1. Prices are as marked. For orders on Diversworld.com.au, the prices listed at the time you place your order are final.

4.2. All payments are processed securely to eWay, Australia’s leading secure payment gateway. We do not store any customer credit card information.

4.3. Our Diversworld store in Cairns may have exclusive offline, in store discounts, offers and promotions specifically available there only. Diversworld.com.au may also have exclusive online discounts, offers and promotions specifically available online only. In these circumstances, Diversworld cannot guarantee that the prices featured online are the same as the prices on our products in store.

4.4. Photographed accessories are not included, unless stated otherwise.

4.5. Due to different screen resolutions, colours may vary.

4.6. Diversworld reserves the right to cancel and refund any online orders found to be in breach of our Terms and Conditions.

5. CLICK & COLLECT

5.1. Click & Collect is a free service for DiversWorld customers. It allows you to shop online and collect your order from our DiversWorld store in Cairns.

5.2. Stock is subject to availability so please wait for your collection confirmation email to arrive, separately from your order confirmation.

5.3. Please make sure to check our store opening hours before collecting your order.

5.4. When collecting your order, remember to bring a copy of your order confirmation and a valid photo ID or the credit card with which the payment was made.

5.5. If you are unable to collect your order yourself, you can authorise someone else to collect it on your behalf. This person will need a copy of the order confirmation and valid photo ID.

5.6. A valid photo ID includes Passport, Driver’s Licence, Proof Of Age Card and Blind Citizens Card.

5.7. Click & Collect orders will be available for in-store collection for a period of 1 month. If the order has not been collected by this point, it may be cancelled and  refunded back to the original account unless a prior arrangement was made with DiversWorld.

5.8. If you need to change or cancel your order for any reason, please contact us at info@diversworld.com.au or call us on (07) 4041 4004 as soon as possible. We will then check the current status and available options for you to best accommodate your request.

5.9. If you need to return part or all of your order, you can do so at the DiversWorld store – please visit our Shipping, Refunds & Returns page for further information.

6. CALL & COLLECT

6.1. Call & Collect allows customers to place orders over the phone during business hours, and collect their order from our DiversWorld store in Cairns.

6.2. Pick up is available during selected store opening hours. Please make sure to check our store opening hours before collecting your order.

6.3. When collecting your order, remember to bring a valid photo ID and a copy of your order confirmation or the credit card with which the payment was made.

6.4. If you are unable to collect your order yourself, you can authorise someone else to collect it on your behalf. This person will need a copy of the order confirmation and valid photo ID.

6.5. A valid photo ID includes Passport, Driver’s Licence, Proof Of Age Card and Blind Citizens Card.

6.6. Call & Collect orders will be available for in-store collection for a period of 1 month. If the order has not been collected by this point, it may be cancelled and  refunded back to the original account unless a prior arrangement was made with DiversWorld.

6.7. If you have any issue with your order whether you need to change or cancel items, please contact us or call us on (07) 4041 4004 as soon as possible. We will then check the current status and available options for you to best accommodate your request.

6.8. If you need to return or refund part or all of your order, you can do so at the DiversWorld store – please visit our Shipping, Refunds & Returns page for further information.

6.9. By placing a Call & Collect order, you consent to the collection of your personal data in accordance with the terms of our Privacy Policy.

6.10. Standard call charges apply.

7. GIFT CARDS

7.1. Any lost or stolen gift cards are unable to be replaced, refunded or redeemed.

7.2. Our Online Gift Cards:

– are redeemable for any merchandise or services at www.diversworld.com.au
– cannot be redeemed for cash or be used for payments of credit or retailer accounts
– cannot be reloaded
– are partially redeemable. If your purchase exceeds the available card balance, you will be required to make up the difference with another payment method.

7.3. Our Gift Vouchers:

– are redeemable for any merchandise or services in our Cairns store or over the phone
– cannot be redeemed for cash or be used for payments of credit or retailer accounts
– cannot be used to purchase Online Gift Cards or Gift Vouchers.
– are valid for 36 months (three years) from the date of issue
– will automatically expire and cannot be redeemed, refunded or credited after their expiry date.
– cannot be reloaded
– are partially redeemable. If a purchase exceeds the available card balance, the customer will be required to pay the difference with another payment method.

7.4. When purchasing Online Gift Cards or Gift Vouchers online or via our Customer Service Team, the recipient’s email address must be entered correctly. Any orders not delivered due to a customer’s error, cannot be replaced or refunded.

7.5. Online Gift Cards and Gift Vouchers are non-refundable and cannot be redeemed for cash.

7.6. Once an online gift card oder gift voucher order has been placed, Diversworld is unable to add, remove or amend the order including delivery details, gift card value, designs or removing items from the order. We reserve the right to cancel the order if:

– Invalid personal details were provided;
– If, when required, acceptable proof of identity could not be provided;
– We were unable to process payment on the credit card provided;
– An unauthorized credit card was provided;
– The product has become unavailable.

If, for any reason, we don’t reasonably believe we can successfully complete delivery, our Customer Service Team will attempt to notify you before cancelling your order.

7.7. For your gift card or voucher balance, expiry date, or if you have any reason to believe an error has occurred in relation to your Diversworld Gift Card, please contact our customer service team via our Contact Us page.

8. SHIPPING AND DELIVERIES

8.1. Shipping is a flat rate of $15 AUD to destinations in mainland Australia and Tasmania.

8.2. Some extremely long items such as spears are not included in this offer. There will be a remark on the product page of such items.

8.3. Some heavy items such as tanks and compressors are also not included in this offer and the customer will be contacted if any additional freight charges will incur for such items.

8.4. All goods shipped do not include insurance unless at customer’s request. We advice to contact us about any extra charges if you do want your goods to be shipped with insurance.

8.5. We usually use one of the following freight options:

  • Fastway
  • Australia Post

8.6. Goods are shipped out during business days (Monday to Friday).

8.7. Orders are processed prior to 1:00 pm EST during business days (excluding weekends and public holidays), provided all items are in stock. We will contact you if there are any queries.

8.8. Delivery to P.O. Boxes is available for items of under 1 meter length. Items longer than 1 meter cannot be delivered to a P.O. Box. Please provide a residential or business address and contact phone number for such items.

9. RETURNS

9.1. Refunds of saleable goods can be made within 7 days of receipt of the goods. This means you have to send them off within 7 days of you receiving the order. Refunds will be processed once the goods have arrived back at Diversworld.

9.2. Exchange of saleable goods can be done within 30 days of receipt of the goods. This means you have to send them off within 30 days of you receiving the order.

9.3. Goods must be returned in new condition & in the original packaging with all accessories, manuals, cards and tags, and must contain a copy of the original invoice.

9.4. We can only refund or exchange undamaged items which have not been used in the water.

9.5. Due to the individual specifications of each Custom Made Speargun or Blades and Footpockets Assembly, we unfortunately do not offer cancellations, returns or exchanges for a change of mind. Should an item however be deemed damaged or faulty, we will provide replacement, an exchange or a refund. Please note: estimated lead times are 4 to 6 weeks for any custom order or custom replacement order.

9.6. Shipping fees are non-refundable. Freight must be prepaid by the customer.

See the full Diversworld Returns Policy.

10. AFTERPAY

10.1 To be eligible for Afterpay, you need an Australian payment card, be over 18 years of age and live in Australia.

10.2 Existing Afterpay customers can use Afterpay for orders up to $1,200. First time users can use Afterpay for orders up to $500.

10.3 Online Afterpay purchases may be exchanged or refunded via our online returns address or refunded in store. All refunds will be processed via your Afterpay account. If you wish to exchange in store, a refund will be processed via your Afterpay account and then you may re-purchase. Conditions apply.

10.4 To see Afterpay’s full terms, visit www.afterpay.com/terms.

11. ZIP PAY

11.1 To be eligible to apply for a Zip Pay account, you need to be an Australian citizen or permanent resident, be at least 18 years of age, have a valid Facebook or Paypal account in your own name, have a valid debit card in your own name, and have not declared bankruptcy or insolvency.

11.2 Your first payment won’t be due until the end of the next month. When you open your account, Zip Pay will set up a monthly payment of $40 (or less if the amount you owe is under $40). This will be deducted from your link debit card on the last day of each month and run until your purchases are paid off.

11.3 Zip Pay is available online only. It is not available in store.

11.4 To see Zip Pay’s full terms, visit zip.co/terms.

12. PROMOTIONS

12.1 Advertised prices valid for a limited time only or while stocks last or otherwise stated. No additional discount can be applied to offers. Prices as marked. Excludes delivery fees, Gift Cards, Gift Vouchers, Courses, Charters and Clearance Items. Valid in-store and online.

add if needed: PRICE MATCHING

12.2 Price Guarantee Policy

To request a Price Match, simply present proof of the competitor’s advertised price for the identical product, on the day of purchase, either via telephone, email, online order or in store.

The competitor must be a physical store located in Australia. The competitor’s product must be in stock in the same size and model, and it must be available for immediate sale using the same payment method (and same term, if purchasing with an Interest Free Plan).

Once your price match request has been verified, we will happily match the price (if the purchase has not been made yet), or refund the difference to you in the form of a voucher code.

The voucher code is not valid in conjunction with any other offer.

Exclusions:

  • Clearance, seconds, refurbished, ex-demonstration or display products.
  • Offers not available to the general public – including trade, special event, club or membership offers.
  • Offers which include cash back, bonus, bulk purchase, quantity limits or packages.
  • Products supplied through unauthorised distributors (known as ‘grey market’ items).
  • Products with pricing set significantly lower than the recommended retail price or market value.
  • Pricing errors.

13. PRIVACY

13.1. Any information gathered on this website is used for shipping purposes only. We will not sell or give out anyone’s information.

14. INTELLECTUAL PROPERTY

14.1 Diversworld.com.au and its content are subject to copyright, and other intellectual property rights.

15. WARRANTIES

15.1 We are an authorised dealer for all products we supply, and all our products are covered by a full manufacturer’s warranty. 

15.2 Terms of warranty may vary depending on the manufacturer, however all returns must contain a copy of our invoice for the goods and must be returned to us in person or by pre-paid registered mail. Warranty returns for scuba regulators, octopus and BCD’s must also contain copies of annual service invoices.

16. DIVING AND SPEARFISHING: WARNING OF RISK

16.1. Whilst scuba diving – be it recreational or technical – has an excellent safety record, it is a hazardous activity which may result in injury or death. Spearfishing Any diving equipment purchased from DiversWorld should only used with appropriate, up to date training and certification. All gear should be serviced in line with manufacturer, regulatory norms and certifying agency. DiversWorld does not accept liability for accident, injury or death resulting from the use of equipment purchased via this web site. 

16.2. DiversWorld is not responsible for any consequential or incidental damages resulting from the sale, non-delivery, use or improper function of any equipment purchased from us. The responsibility, if any is imposed, of DiversWorld in regard to any item purchased shall be limited to the monetary value of the merchandise purchased.

16.3. To the best of our knowledge the information provided on this site is accurate and current. However we do not make any representation or warranty as to the accuracy or completeness of the information. We disclaim all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. We make no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.

16.4. You expressly acknowledge and agree that DiversWorld does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and DiversWorld is therefore not liable for their opinions or their behavior, including any information or advice provided by them or any statements made by them or any offensive conduct on their part.

16.5. You further acknowledge and agree that DiversWorld will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or any damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

17. WAIVER

It is a condition of purchase that all our guests must complete a medical form and agree to the provisions of our waiver as laid out below, even without signature. You can also complete our waiver following this link.

Please note, we do our utmost to ensure the safety of our guests. We have systems in place (including guides, radios, trained boatmen and more) to look after you. However, the ocean and the activity of spearfishing can be dangerous, and you are responsible for your own health and safety so please be careful and stick to conditions within your abilities.

LIABILITY RELEASE AND ASSUMPTION OF RISK ASSESSMENT

In consideration of my being permitted to participate in any and all activities associated with, and conducted by DIVERSWORLD, I hereby affirm that I fully understand and acknowledge

  1. the hazards of freediving, spearfishing, fishing and related water activities, and also the hazards occurring during passage, boat travel to and from dive sites as well as transportation in between pick-up and departure point.
  2. the involved risks and dangers include – but are not limited to – serious bodily injuries, drowning, heart attack, sun stroke, sun burn, air expansion injuries, decompression sickness, embolism or other hyperbaric injuries that require treatment in a recompression chamber, permanent disabilities; slipping or falling while on board, being cut or struck by a boat while in the water, injuries occurring while getting on or off a boat, and other perils of the sea; all of which can result in serious injury or death. Further risks include the vessel being struck by marine life, vehicle accidents whilst being transferred in between pick-up and departure point.
  3. these risks and dangers may be caused by my own actions or inactions, the actions or inactions of other participants in the activity, the conditions of which the activity takes place and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the activity. There may be other Risk and social and economic losses either not known to me or not readily foreseeable at this time.
  4. I am mentally and physically fit to participate in the activities and DO NOT possess any medical conditions, including, but not limited to heart conditions, physical, mental or emotion impairments of any kind that would compromise my health and wellbeing by my participation in the activities. If I am taking medication, I affirm that I have seen a physician and have approval to dive, spearfish, swim or snorkel while under the influence of the medication/drugs.
  5. I am not to spearfish or freedive under the influence of alcohol or any drugs that are contradicted to diving. I understand that swimming, snorkeling, freediving and spearfishing can be physically strenuous, and that I will be exerting myself during this activity, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.
  6. I hereby at all times on behalf of myself, my family, next of kin and my legal representatives forever release from and hold indemnified Diversworld, as well as the owners of the said business their officers, employees, agents, representatives, sponsors, partners, family members, etc. or persons associated with them (together herein referred to as “The Releasees”) against all liabilities, actions, claims, demands, costs, fees etc. whatsoever, in respect of any injury, disability, death, dismemberment, emotional, mental, or physical impairment, loss or damage to personal property in connection with my participation in any and/or all such activities whether arising from my negligence, the negligence or default of Diversworld, the owners, their agents or employees or the acts or omissions of other visitors or any other person participating in the activities, and I HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE DIVERSWORLD and/or The Releasees, FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as the result of such claim.
  7. to comply with all rules, regulations, and instructions of all Diversworld its staff or agents in relation to the activities and events and which are intended for the safe enjoyment of such attractions.
  8. to release Diversworld and/or The Releasees from any claim in respect of any bodily injury, including permanent disability, paralysis and death caused by the malfunction of any equipment provided by Diversworld including but not limited to spearguns, masks, fins, snorkel, knives etc.
  9. that any personal belongings are brought onto the vessel at the my own risk. I am aware that items such as cameras, mobile phones or tablets may get water damaged.
  10. I further state that I am of lawful age and legally competent to sign this agreement, or that I have obtained the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights.
  11. I further agree that if any provision of this agreement if found to be unenforceable or invalid, that provision shall be severed from this agreement. The remainder of this agreement will then be construed as though the unenforceable provision had never been contained herein.

We reserve the right to change any terms contained in these Terms and Conditions at any time. Changes to Terms and Conditions will be on www.diversworld.com.au.

Divers World ABN 53 040 039 621
Last updated: 24/05/2023

Diversworld