Access, browsing and use of the website www.gidive.com (hereinafter, the "Website") implies the express and unreserved acceptance of all the terms of these Terms of Use, having the same validity and effect as any contract concluded in writing and signed.
Compliance with and observance of these terms shall be required of any person who accesses, browses or uses the Website. If you do not agree with the terms set out herein, do not access, browse or use the Website.
These general terms of use apply to all commercial transactions carried out on the Website, a domain owned by Gidive Sports S.L., a company legally incorporated in Spain (Tax ID: B55249122).
Gidive Sports S.L. reserves the right to modify the commercial offering of the website at any time (modifications to products, prices, promotions and other commercial and service conditions). Such modifications will not apply to contracts already entered into.
Gidive Sports S.L. makes daily efforts to provide updated, accurate and error-free information. Should an error of this type occur at any time, it will be corrected immediately. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on that error, Gidive Sports S.L. will notify the customer of the error and the customer will have the right to rescind their purchase at no cost to them.
The contents of the Website may occasionally show provisional information about the nature of some products or services. In the event that the information provided does not correspond to the characteristics of the product or service, the customer will have the right to rescind their purchase at no cost to them.
IDENTIFICATION
PURPOSE
These Terms of Use regulate access to, browsing and use of this Website, without prejudice to GIDIVE's right to modify the presentation, configuration and content thereof, as well as the conditions required for access and/or use. Access to and use of the Website's contents following the entry into force of any modifications or changes implies acceptance of the same.
GIDIVE reserves the right to modify the terms and conditions set out herein, in whole or in part, by publishing any change in the same manner in which these Terms of Use appear or through any type of communication addressed to users.
Similarly, we inform users of their rights and obligations in relation to the contents displayed through the Website, logos and trademarks used, as well as the responsibilities that may arise from access to the Website.
For the purposes of interpreting these Terms of Use, we understand that a person becomes a user at the moment they accept the Terms of Use and the Privacy Policy set out on the Website, for which it is sufficient to visit it.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
GIDIVE owns or, as the case may be, holds the corresponding licences over the intellectual and industrial property exploitation rights of the Website, as well as all the contents offered therein, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces, or any other information or content, and the services available through it.
References to registered trademarks or trade names, or other distinctive signs, whether owned by GIDIVE or third-party companies, implicitly prohibit their use without the consent of GIDIVE or their legitimate owners. At no time, unless expressly stated otherwise, shall access, browsing or use of the Website and/or its contents confer on the user any rights over the distinctive signs included therein.
All intellectual and industrial property rights over the contents of the Website are reserved, and in particular it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, all or part of the contents included in the Website, for public or commercial purposes, without the prior, express and written authorisation of GIDIVE or, as the case may be, of the holder of the corresponding rights.
In the event that the user sends information of any kind to GIDIVE through any of the channels enabled for this purpose, the user declares, warrants and accepts that they have the right to do so freely, that such information does not infringe any intellectual or industrial property rights, trade secrets or any other third-party rights, and that such information is not confidential or harmful to third parties.
The user acknowledges responsibility, holding the service provider harmless for any communication they provide personally or in their name, such responsibility covering without any restriction the accuracy, legality, originality and ownership thereof.
If the user becomes aware of the existence of any unlawful, illegal content, content contrary to the law or content that could constitute an infringement of intellectual and/or industrial property rights, they must immediately notify GIDIVE via the email address info@GIDIVE.com so that it can proceed to adopt the appropriate measures.
WEBSITE USE RULES
Access to or use of the Website for illegal or unauthorised purposes, with or without an economic objective, is not permitted and therefore its consequences will be the sole responsibility of the user. In particular, and without the following list being exhaustive, the following is prohibited:
Failure by the user to comply with any of the above obligations may result in GIDIVE taking the appropriate measures under the Law and in the exercise of its rights or obligations, without the possibility of any compensation for the damages caused.
In the event that you find any information or content on the Website that may be inappropriate, contrary to current regulations, or contrary to the conditions set out on the Website, we ask that you bring it to GIDIVE's immediate attention through the various means provided for this purpose.
PUBLISHED PRICES
The prices shown on GIDIVE are final prices and include the current VAT (Value Added Tax).
All prices shown on our page are correct except for error or omission. In any case Gidive reserves the right to correct these prices. The customer will be informed if there is an error in a service or product already purchased.
All images are for illustrative purposes and may not exactly correspond to the activity to be carried out.
PAYMENT METHODS
The payment methods accepted at Gidive Store are as follows:
Some users may be reluctant to provide their personal data and credit card numbers in the online environment due to fear of misuse of this data, as well as "theft" thereof by unauthorised third parties.
Currently, the SSL (Secure Sockets Layer) system is the most widely used by online companies for its effectiveness and guarantees. With this system, the transmission of confidential information from your computer to Caixabank's online payment server is carried out in a completely encrypted manner throughout the entire purchase process. In this way, we prevent anyone from being able to access your personal data and misuse it without your authorisation.
Information about Paga +tarde
CONDITIONS OF OUR SERVICES
General cancellation conditions are detailed below according to the Type of Activity:
Diving Trips
Courses and Discover Scuba Diving
Gift Voucher
The Gift Voucher expires after one calendar year and is non-refundable. Regarding the requirements of the gifted activity, the specific conditions for diving trips and courses apply.
LINKS TO OTHER WEBSITES
GIDIVE does not control the contents, privacy policies or practices of third-party websites and assumes no responsibility for them.
The user acknowledges and accepts that GIDIVE will not be responsible for the availability of external websites or resources, and does not endorse any type of advertising, products or other materials offered through such websites or resources. Nor for any losses or damages the user may incur as a result of the availability of the aforementioned external websites or resources, or as a result of the credibility they place in the completeness, accuracy or existence of any type of advertising, products or other materials offered through such websites or resources.
LINKS TO THE PROVIDER'S CHANNEL ON OTHER PLATFORMS AND SOCIAL NETWORKS
GIDIVE makes available to users, through various tools and applications, link means that allow users to access the Website's channels and pages that GIDIVE maintains on various platforms and social networks owned and/or managed by third parties (e.g. Facebook, Twitter, Linkedin, etc.). The sole purpose of including these links on the Website is to facilitate users' access to such channels on the various platforms and social networks.
The establishment of these applications does not imply the existence of any relationship between GIDIVE and the owner, manufacturer or distributor of the linked platform, nor does it imply acceptance and approval by GIDIVE of their contents and/or services, with their owner, manufacturer or distributor being the sole person responsible for them.
In no case does GIDIVE share with Facebook, Twitter or any other social network incorporated in the future any type of private information about its users, its sole purpose being that established in these General Terms of Use, as well as in the Website's Privacy Policy. In this regard, all information that the user themselves wishes to provide to these platforms will be under their own responsibility, without GIDIVE intervening in this process.
The activation and use of these applications may involve the identification and authentication of the user (login/password) on the corresponding platforms, which are completely external to the Website and outside GIDIVE's control. By accessing these external networks, the user enters an environment not controlled by GIDIVE, and therefore GIDIVE will not assume any responsibility for the security configuration of such environments.
Since GIDIVE has no control over the content hosted on such channels, the user acknowledges and accepts that GIDIVE assumes no responsibility for the content or services the user may access on such pages, nor for any content, products, services, advertising or any other material available thereon. For this reason, the user must exercise extreme caution in evaluating and using the information, content and services on the linked channels, and regarding their own or third-party information they wish to share on such channels.
GENERAL CONDITIONS OF USE OF SOCIAL PROFILES
With these General Terms of Use GIDIVE aims to ensure that all end users are aware of their rights and obligations from the moment they visit their social profiles on Facebook, Twitter, and/or any similar social network.
Similarly, GIDIVE informs users of their rights and obligations in relation to the contents displayed through their social profiles, logos and trademarks used, as well as the responsibilities that may arise from the use of the service.
GIDIVE is deeply committed to ensuring the service functions correctly and in accordance with the conditions agreed with users. However, on occasions it is possible that situations may arise (especially due to the intervention of malicious third parties) from which liabilities could arise.
In this regard, the following situations are indicated below, by way of illustration but not limitation, in which GIDIVE does not accept responsibility for users' actions, with users assuming all responsibilities that may arise:
GIDIVE does not undertake to inform users when their comments and publications are subject to editing and/or moderation; however, it may warn and take appropriate measures to suspend and expel users who send inappropriate content periodically and systematically. Users who carry out the aforementioned conduct on more than one occasion, having been previously suspended or expelled from the service, may be prevented from using the social profile indefinitely, resulting in the user's permanent expulsion from the programme and permanent blocking.
Likewise, GIDIVE does not guarantee the truthfulness, reliability, currency or integrity of third-party content contained in its social profile or any linked site. GIDIVE is not responsible for the content of websites not operated by GIDIVE.
GIDIVE recommends that users act with caution, common sense and good judgement when using their social profile and that they carefully evaluate the truthfulness, currency, integrity and relevance of the information published through it for their purposes. Any decision users make based on such information will be strictly at their own risk.
The user, once they begin to follow GIDIVE's social profiles, may publish comments, links, images or photographs or any other type of content, in accordance with the conditions of the social network itself. The user must in all cases be the owner of the same, enjoy the intellectual property exploitation rights or have the consent of the affected third parties.
The user who decides to share content on GIDIVE's social profile must be aware that their publications will be accessible and therefore known to other users, and they will be solely responsible for them, as well as for the implications this may have for their privacy.
For answers to questions, complaints or claims, please consult GIDIVE's corporate website, where the relevant information channels are available.
GIDIVE will use its social network profiles to publicise its own services. In any case, should GIDIVE decide to process your contact data (social network user profile and/or email address) to carry out direct commercial prospecting actions, it will always do so in compliance with the legal requirements of the LOPD and the LSSI-CE.
The act of recommending GIDIVE's social profiles to other users so that they too can be informed of its activity will not be considered advertising.
In the event that anyone detects any type of content contrary to current regulations or that may be harmful to users, GIDIVE requests that it be notified as soon as possible.
The user may at any time access the privacy policies of the Social Network itself, as well as configure their profile to guarantee their privacy.
RESPONSIBILITIES AND GUARANTEES
Consequently, GIDIVE does not guarantee nor accept responsibility for the following actions: the continuity of the Website's contents; the absence of errors in such contents; the absence of viruses and/or other harmful components in the Website or in the server that supplies it; the inviolability of the Website and/or the impossibility of violating the security measures adopted therein; the lack of usefulness or performance of the Website's contents; and any damage or harm caused, to themselves or a third party, by any person who infringes the conditions, rules and instructions that GIDIVE establishes on the Website or through the violation of the Website's security systems.
Notwithstanding the foregoing, GIDIVE declares that it has adopted all necessary measures, within its possibilities and the state of the art, to guarantee the functioning of the Website and to minimise system errors, both from a technical, legal and organisational point of view.
If the user becomes aware of the existence of any unlawful, illegal content, content contrary to the law or content that could constitute an infringement of third-party rights, they must immediately notify GIDIVE so that it can proceed to adopt the appropriate measures.
GIDIVE will not be responsible for the truthfulness, integrity or updating of the information published on the Website originating from external sources and will not assume any responsibility for any hypothetical harm that could arise from the use of said information.
WEBSITE SUSPENSION
GIDIVE reserves the right to suspend, modify, restrict or interrupt, whether temporarily or permanently, access to, browsing, use, hosting and/or downloading of content and/or use of Website services, with or without prior notice, without the possibility of the user claiming any compensation for this reason.
CONFIDENTIALITY AND DATA PROTECTION
In accordance with the provisions of current regulations on Personal Data Protection, all personal data provided during the use of the Website will be processed in accordance with the provisions of the Privacy Policy that all users must expressly accept in order to use the Website.
SPAM
SPAM, or any fraud or abuse on our website, is absolutely prohibited. This type of conduct is penalised by law and the owners of the WEBSITE will refer such abuses to the relevant authorities.
JURISDICTION
These general conditions will be governed by Spanish legislation.
GIDIVE and the USER, expressly waiving any other jurisdiction that may correspond to them, submit to the Jurisdiction of the Courts and Tribunals of the city of Palamós for all matters that may arise or actions that may be exercised arising from the provision of the service of this website and its services and contents, and regarding the interpretation, application, compliance or non-compliance with what is established herein.