Website and Service Terms and Conditions

1. Agreement

These Terms and Conditions, together with our Privacy Policy, apply to your use of Immersia Freediving Pty Ltd (“Immersia Freediving”, “we”, “our” or “us”) website located at immersiafreediving@gmail.com (“Site”).

By browsing or using the Site, you agree to these Terms and Conditions, together with our Privacy Policy (collectively, the “Agreement”). If you do not agree with the terms of the Agreement, you must not access, browse or use this Site.

By purchasing something from us, you engage in our “Service” and agree to be bound by the Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all Students and users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2. Interpretation

In this Agreement:
“Agreement” has the meaning in clause 1.2;
“Courses” means freediving courses and experiences run by Immersia Freediving;
“Intellectual Property Rights” means all present and future intellectual or industrial property rights (whether or not registered) throughout the world, including, without limitation, in respect of patents, copyright, moral rights, trade names, trade marks, logos, systems, circuit layout, designs, software, plant breeder’s rights, domain names, trade secrets and confidential information;
“Material” means any information, data, source codes, drawings, content, text or images in any form (whether visible or not), audio recordings, video recordings, lists, sound, video, links, layout, look and feel, control features and interfaces contained on the Site, or otherwise displayed, uploaded or published on, or via, the Site;
“Privacy Policy” means our privacy policy available at https://immersiafreediving.com/privacy-policy/;
“Registration Data” means information provided by you to us for the purposes of registering for the Services which includes but not limited to, your name, date of birth, gender and contact details;
“Retreats” means freediving retreats run by Immersia Freediving;
“Site” has the meaning in clause 1.1;
“Services” means Immersia Freediving run Courses, Training or Retreats;
“Students” means the person who has registered for the Services;
“Training” means freediving training, which includes, but is not limited to pool training run by Immersia Freediving.
“you” or “your” means the person or entity accessing, using or relying upon the Site.
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa.
Paragraph headings are for reference purposes only and all references to clauses are to clauses in this Agreement unless otherwise specified.

3. Site Use

You warrant and represent that your access to, or use of, the Site is not unlawful or prohibited by any laws which apply to you. You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
The Site may contain links to third party websites. Any links to such websites provided on the Site are for convenience only. We do not represent that we have any relationship with any linked websites nor recommend or endorse any goods, services or third party content appearing on, or via, other websites linked to this Site. We are not responsible for any loss or damage that may arise from your access to, and/or use of, third party websites, products and services. Additionally, we are not responsible for the content or privacy practices associated with linked websites. You should make your own enquiries before using and/or accessing third party websites.
You may not use the Site other than for its intended purpose. You agree that you will not engage in any activity that interferes with or disrupts the Site or the servers and networks that host the Site. You agree not to, circumvent, disable or otherwise interfere with security-related features of the Site or attempt to do so or otherwise interfere with, or restrict, any person or visitor from accessing or using the Site.
Unless otherwise expressly stipulated in this Agreement, you must not copy, adapt, distribute, display, reproduce or transmit any content displayed or published on the Site.
You must take your own precautions to ensure that the telecommunications equipment and computer systems used by you to access and use the Site does not expose your telecommunications equipment and computer systems to any viruses, malicious computer code or other forms of interference which may damage your computer system. We accept no responsibility for any loss or damage to you or anyone else which may arise out of, or in connection with, your access to, and use of, the Site.

4. General Services Conditions

We reserve the right to refuse Services to anyone for any reason at any time.
All Students must be (18) years of age or over. Immersia Freediving reserves the right to ask for proof of age from Students.
Immersia Freediving reserves the right to change its offer or individually agreed Services due to extraordinary circumstances (e.g. external forces, governmental regulations, delays of third parties, weather and oceanic conditions, etc.). If any essential contract paragraph is changed, the customer will be informed as soon as possible.
Immersia Freediving reserves the right to change its location or dates due to unforeseen issues (e.g. third party delays or problems etc.). Immersia Freediving will use best endeavours to ensure the standard be kept the same as the original booking.

5. Immersia Freediving Services Order process

You may place an Order by completing the Order form on the Site and clicking the “book now” button. Orders are subject to the availability of Services requested in the Order.
An Order is not accepted and legally binding on us until we confirm by email (to your nominated email address) that:

payment has been received for the Order;
the Services are available and details of the Services; and
the Order has been processed.
To the maximum extent permitted by law, we reserve the right to refuse a sale to any Customer.

6. General Booking requirements

To book any of the Services, every Student must provide Immersia Freediving with:
(i) Medical History form: confirmation that the client has met the medical history requirements or has the required signed GP form;
(ii) Waiver form: a signed copy of the participation and liability waiver form; and
(iii) Government health regulations: evidence that a student is compliant with the government health orders for example COVID vaccination certificates as required at the date of the course.
Failure to provide the information listed in clause 6.1 will results in a cancelation of the booking and forfeiting the paid deposit or full paid booking amount.

7. Booking policy – Courses

A Course booking is confirmed when: (i) an Order is placed; (ii) the full price of the Course is paid; and (iii) the full price of the Course is received by Immersia Freediving.

8. Booking policy – Training

A Training booking is confirmed when an (i) an Order is placed; (ii) the full price of the Training is paid; and (iii) the full price of the Training is received by Immersia Freediving.

9. Booking policy – Retreats and Trips

Booking at a Retreat or Trip is confirmed when (i) a non-refundable deposit for that Retreat or greater is paid; and (ii) the deposit or greater amount is received by Immersia Freediving.
If a booking for an International (non—Australia) Retreat is made less than thirteen weeks in advance of the start date of the retreat, the whole amount is required to confirm the place.
If a booking for a Retreat is made more than thirteen weeks in advance of the Retreat date, the deposit is due to secure the booking and the total balance is due thirteen weeks prior to start date.
Guests must obtain full and comprehensive travel insurance to attend the retreat including, but not limited to, overseas medical expenses and evacuation, trip cancellation and force majeure event.

10. Student Cancellation – Courses

If a Student cancels 10 days or more from the start of the Course date, 100% of the payment will be refunded.
If a Student cancels 7-10 days from the start of the booked Course date, there will be an $200 reschedule fee. If the Student would not like to reschedule, then the course will be refunded, less a $200 cancellation fee.
If a Student cancels 7 days from the start of the booked Course date, no pre-paid amount will be refundable.
Exceptions to Course cancellation policy cannot be made for any reason. We do not offer any credit for arriving late or departing early, missing activities or not utilizing any part of the program.

11. Student Cancellation – Training

If a Student cancels 48 hours or more from the start of the Training date, 100% of the payment will be refunded
If a Student cancels less than 48 hours from the start of the Training date, no pre-paid amount will be refunded.
Exceptions to the Training cancellation policy cannot be made for any reason. We do not offer any credit for arriving late or departing early, missing activities or not utilizing any part of the program.

12. Guest Cancellation – Retreat

If a Guest cancels thirteen weeks or more from the start of the booked retreat date, 100% of the payment (less non refundable deposit) can, at the election of the Guest either be: (i) refunded to the Guest; or (ii) applied to another retreat by the Guest, to be used within one year from the date of booking.
If a Guest cancels 8-13 weeks from the start of the booked retreat date, 50% of the payment (less non refundable deposit) can be applied to another retreat to be used within one year from the date of booking.
If a Guest cancels 8 weeks from the start of the booked retreat date, no pre-paid amount will be refundable or transferrable.
If a Guest fails to provide medical clearance from a doctor after announcing a medical condition as per the Immersia Freediving Medical History Form, this will be treated as a student cancellation at the point it was announced and the above terms and conditions will apply.
Exceptions to Retreat’s guest cancellation policy cannot be made for any reason. We do not offer any credit for arriving late or departing early, missing activities or not utilizing any part of the program.

13. Course, Retreat, Training – Immersia Freediving Cancellation policy

If Immersia Freediving cancels or changes a scheduled Course, Retreat, Trip, Training date for any reason, excluding force majeure (see clause 13.3), you may at your election either (i) request a refund of the paid amount for that Service; or (ii) transfer the paid amount made for that Service to another date within 12 month period, pending availability. Immersia Freediving is not responsible for any expenses incurred in preparation of the cancelled Service, i.e. airplane tickets, illness, loss of work etc.

Immersia Freediving reserves the right to postpone a Course, Retreat or Training dates due to lack of sufficient numbers. In the event that a Course, Retreat or Training is delayed due to insufficient numbers, the Student may, at their election, either (i) request a refund for the paid amount of the services transfer the amount paid to another date within 12 month period, pending availability.

Immersia Freediving will not be liable for cancellation, failure of, or delay in performing it’s obligations under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage, embargo, pandemic or epidemic) or if certain conditions present unacceptable danger to the participant.

In the event of a cancellation or refund, Immersia Freediving will not be responsible for any currency fluctuations and will refund the original amount that was invoiced.

14. Pricing

All prices listed on the Site are in Australian Dollars, include GST (unless otherwise specified).
All prices displayed on the Site are subject to change without notice. Prices for items in an Order are fixed once your Order has been confirmed. Subsequent price changes either up or down will not be retroactively applied to confirmed Orders.

15. Promotions and Gift Vouchers

Gift vouchers are valid for 36 months only, after the date of purchase
Package offers will be clearly indicated on the Site. The full package of Services must be booked in for dates within 36 months of purchase. Any Services not booked in within 36 months of purchase will no longer be valid.
Promotional discount codes may be given at our sole discretion on terms and conditions notified at the time of the relevant promotional offer or discount.

16. Payment

You can pay for your Order using any of the methods specified on the Site. A surcharge may apply to payments made by credit card depending on the credit card used.
You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
If your nominated payment method triggers our internal suspect transaction protocols, we may contact you to confirm additional details, or rescind the transaction. In this case, until your Order has passed our fraud prevention protocols your Order will not be fulfilled. If you do not provide the requested information within 7 days, your Order will be cancelled and your payment will be refunded back to you via the method in which you paid. These information requests are sent to help protect credit card holders from online fraud though we provide no guarantee that we will identify any or all instances of online fraud that may occur in relation to any Order made on or via the Site.
Payment processing services for Orders and/or Services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By placing an order and using Stripe to process payments you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorise us to share it and transaction information related to your use of the payment processing services provided by Stripe.

17. Liability

To the maximum extent permitted by law, we exclude all:

conditions, guarantees or warranties expressed or implied by law; and
any liability to you however arising (and whether arising under statute, negligence or otherwise) for any personal injury or death to you or any third person, or for any special, direct, indirect or consequential loss or damage (including, but not limited to, loss of income or revenue, loss or interruption of business, loss of profits, revenue or contracts, loss of anticipated savings, loss of data, loss of use, loss of privacy or loss of goodwill), arising out of, or in connection with, access and/or use of the Services or the Site, and the Agreement.
Without limiting the generality of the foregoing, you agree that in no event shall our maximum aggregate liability exceed AUD $10,000,000.00. You acknowledge and agree that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
To the maximum extent permitted by law, all typographical, clerical or other errors or omissions in information issued by us will be subject to correction without any liability on our part.

18. User comments, feedback and photos

We reserve the right to take photos and videos as part of our Services. Photos and videos may be used for marketing purposes for Immersia Freediving’s e.g. social media and website. If a Student would like to opt out of Immersia Freediving’s use of photos and videos that the Student features in, then the Student must notify Immersia Freediving of such request prior to the Service, and those photos will not be used.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

19. Intellectual Property

You acknowledge that we or our licensors are the owners of all Intellectual Property Rights in the Site and in all Material published on the Site, and we retain all rights, title and interest in the Site and Material (including Intellectual Property Rights contained therein) irrespective of any licence we may grant to you to access, and use, the Site.
You may access and use the Site (including Intellectual Property Rights contained therein) for your personal and non-commercial use only. You must not in any form or by any means reproduce, modify, distribute, store, transmit, publish, use or display the Material on another website or create derivative works from any part of the Site or the Material or commercialise any information obtained from any part of the Site or Material without our prior written consent.

20. Linking to the Site

You must not establish a link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to the Site from any website that is not owned by you.
This Site must not be framed on any other website, and you must not create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission at any time without written notice.

21. Indemnity

You agree to indemnify us and our officers, directors, employers or contractors (collectively, the “Indemnified”) and to keep indemnified and hold harmless the Indemnified from and against any and all actions, claims, demands, losses, damages, taxes, liabilities, costs and/or expenses that may be incurred by, or sustained by, the Indemnified arising out of, or in connection with, your access to, and use of, the Materials, the Site, or any breach by you of the Agreement.
Imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.

22. Privacy

We are committed to protecting your privacy and personal information. Please see our Privacy Policy for further details about our practices relating to the collection, use, disclosure and storage of your personal information.

23. General

We reserve the right to make changes to this Agreement without notice to you. Any amendments to this Agreement will have immediate effect from the time that they are published on the Site
Although we do our best to provide the most up to date information on the Site as this becomes available, we cannot warrant the accuracy or completeness of the information provided.
Any provision of the Agreement which is void or unenforceable may be severed from the Agreement without affecting the enforceability of other provisions.
A failure or delay by us to exercise a power or right under the Agreement does not operate as a waiver of that power or right, and the exercise of a power or right by us does not preclude our future ability to exercise that or any other power or right.
The Agreement is governed by, and must be construed according to, the law of the State of New South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts in that State.