Terms of Use

Hello and welcome to Divine Depth! Canada’s online space dedicated to diving, conservation and sustainability!

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

Your consent to the use of the personal information you provide to Divine Depth is outlined in our Privacy Policy.

By using this site, Divine Depth (https://divinedepth.com/) (hereinafter referred to as “Site”), you agree and accept these terms and conditions of use. If you do not agree and accept these terms and conditions of use, please do not use the Site. Unless otherwise stated, the term “Divine Depth” used on the Site shall be deemed to include Divine Depth only. Throughout the Site, the terms “I”, “we”, “us” and “our” refer to Divine Depth. At any time and at its sole discretion, Divine Depth reserves the right to change, modify, add or remove any parts of these terms and conditions of use. Ensure to periodically check these terms and conditions of use for changes. The most current version of the terms of conditions of use can be reviewed on this page. Your continued use of the Site following the posting of changes to these terms and conditions means you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

Divine Depth owns and operates the Site. “Divine Depth”, the Divine Depth logo, and our motto are copyrights of Divine Depth. On occasion, other registered trade-marks, related words, domain names and logos which are the property of Divine Depth may appear on the Site. All other trade-marks, product names and company names or logos cited hereinafter which are not the property of Divine Depth are the property of their respective owners. Divine Depth’s trade-marks may not be used without Divine Depth’s written permission and, without limiting the generality of the foregoing, Divine Depth’s trade-marks may not be used in connection with any products or services which are not Divine Depth’s or authorized by Divine Depth, or in any manner that is likely cause confusion among customers or potential customers of Divine Depth, or in any manner that disparages or discredits Divine Depth.

Unless stated otherwise, all of the material contained on the Site, including the content, site design, text, graphics, and the selection and arrangement thereof are the copyright of Divine Depth. No material from the Site or any website owned, operated, licensed, or controlled by Divine Depth may be copied, reproduced, republished, framed, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only. This is provided that you keep all copyright and proprietary notices. You may not display or provide for display pages from this Site in a frame. If you wish to link to this Site, please contact us for written permission. Failure to obtain such written permission from us in advance violates this agreement and is an infringement of Divine Depth’s copyright and other proprietary rights, and is prohibited. Modification of the materials or use of the materials for any other purpose than those described above is a violation of Divine Depth’s copyright and other proprietary rights, and is also strictly prohibited.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.

THE SITE, THE SERVICES AND THE INFORMATION OR MATERIALS HEREIN ARE PROVIDED ON AN “AS IS, WHERE IS, AS AVAILABLE” BASIS. DIVINE DEPTH MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, ITS CONTENTS (INCLUDING WITHOUT LIMIT PRODUCT DESCRIPTIONS AND PRICES) OR THE SERVICES. DIVINE DEPTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE USER ACKNOWLEDGES THAT (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE SITE INCLUDING WITHOUT LIMITATION HOW CURRENT IT IS, ITS ACCURACY, ITS COMPLETENESS, ITS AVAILABILITY, ITS SECURITY, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, ANY HYPERLINKED WEBSITE, OR THE SERVERS UPON WHICH THEY RESIDE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (ii) AS A SERVICE TO USERS OF THE SITE DIVINE DEPTH INCLUDES LINKS TO OTHER WEBSITES THAT DIVINE DEPTH HAS NO CONTROL OVER, AND MAKES NO ENDORSEMENTS OR REPRESENTATIONS OF ANY KIND REGARDING THE PRODUCTS, SERVICES, BUSINESS PRACTICES, CONTENT OR APPROPRIATENESS OF CONTENT ON SUCH WEBSITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST DIVINE DEPTH WITH RESPECT TO SUCH WEBSITES.

NONE OF DIVINE DEPTH OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING WITHOUT LIMITATION LEGAL FEES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE OR ANY INFORMATION CONTAINED ON IT, OR ANY HYPERLINKED WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOSS OF USER PHOTOS, PROGRAMS OR DATA, INCOME OR PROFIT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. YOU AGREE THAT YOUR EXCLUSIVE AND SOLE REMEDY IS TO STOP USING THE SITE.

DISCLAIMER REGARDING INFORMATION AND PRODUCTS

Divine Depth does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information posted or otherwise available on or through access to the Site. Divine Depth is not responsible for the content of any linked pages, or any other sites linked to the Site and Divine Depth assumes no liability or responsibility arising from the contents of any off-site pages or sites. The information provided by Divine Depth on the Site is for educational purposes only and in summary form intended to provide general consumer understanding and knowledge. Divine Depth is not responsible and shall not be liable to you or anyone else for any action or decision taken in reliance upon the information contained in the Site or use of products purchased from the Site or sites of which Divine Depth is an affiliate of. You are responsible to review and understand all package and package insert information concerning products purchased from Divine Depth or sites of which Divine Depth is an affiliate of. Any action or reliance on the information provided on the Site is at your own risk. You should seek the advice of your doctor or pharmacist or other applicable professionals prior to starting any activity/treatment or in connection with any health problems or questions.

YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR TRAINING, DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCT ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT. ALWAYS CONSULT YOUR OWN PHYSICIAN FOR ADVICE AND TREATMENT. YOU SHOULD NOT USE ANY SCUBA GEAR IF YOU ARE NOT CERTIFIED TO DO SO. SEEK PROFESSIONAL TRAINING.

SECURITY AND PRIVACY

Divine Depth wants to ensure the protection of the security and privacy of any information you provide over the internet to Divine Depth. Although, due to the nature of the internet, Divine Depth cannot guarantee that this information will not be improperly accessed or used by third parties. You submit this information over the internet to Divine Depth at your own risk. For further information please refer to our Privacy Policy.

PRODUCT INFORMATION AND FLYERS

We cannot guarantee the availability of any products or items described on the Site due to unavailability of supply or for other reasons. Divine Depth makes every effort to provide accurate product and pricing information, however, pricing or typographical errors may occur. We do not guarantee the accuracy of any specifications, pricing, warranty or other product information contained in this Site and any information included is subject to change by Divine Depth at any time without notice. Without limiting the generality of any other terms and conditions on this Site, Divine Depth does not accept liability for any errors or omissions which may be found on this Site or for unavailability of any product.

INDEMNITY

You agree to indemnify, defend and hold harmless Divine Depth, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from any violation of these terms and conditions or any activity (including negligent or wrongful conduct) related to your use of the Site.

GOVERNING LAW AND JURISDICTION

The Site is controlled by Divine Depth. The physical address of the virtual office is in the Province of Ontario in Canada. This Site can be accessed from all provinces and territories of Canada, as well as from countries around the world. As each of these places has laws that may differ from those of the Province of Ontario, Canada, by accessing this Site, you agree that all matters relating to access to, or use of, the Site, or any other hyperlinked website, shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable to the Province of Ontario, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily. You are responsible for complying with your own local laws.

GENERAL

In the event that any parts of any terms and conditions are held to be indefinite, invalid, illegal or otherwise voidable or unenforceable, the other parts of those terms and conditions will not fail on account thereof, and the balance of the terms and conditions will continue. The terms and conditions of use on the Site includes the entire agreement between you and Ontario governing your use of the Site. You may also be subject to other terms and conditions when you access other sites or other portions of the Site (if specified) or if you access or purchase third party content or software. The failure or delay of Ontario in exercising any right or remedy under the terms and conditions or elsewhere shall not constitute a waiver of such right or remedy. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

REVIEWS

Divine Depth does not support the comments or opinions of reviewers and assumes no responsibility or liability for any content posted by you or any third party. Visitors may post reviews and comments as long as the content does not violate terms and conditions. Divine Depth reserves the right (but not the obligation) to remove or edit reviews, and regularly reviews posted content for appropriateness. If you do post a review, you grant Divine Depth a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Divine Depth and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Divine Depth for all claims resulting from content you supply. Divine Depth reserves the right not to post any review at our sole discretion.

Last Updated: January 16 2021

Previous Versions

None at this time.