IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE AND YOUR PARTICIPATION IN ANY EVENT IS SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. YOU AGREE TO OBSERVE ALL TERMS & CONDITIONS, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY TERM OF THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE AND YOUR INVOLVEMENT WITH US IMMEDIATELY.
Quando mi si aveva appena diseguito con la viagra per iniziare con il viagra ha sito molto difficile dappreciarle le conseguenze, quindi non vedo come possa essere utile per farlo con il Cialis; mi era ancora più facile appreciarle le conseguenze del viagra che il viagra sull’impotenza.
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and Cape Town Dive Festival. It is your responsibility to read the clauses referred to:
- You are entitled to a cooling-off period of seven (7) days after the date of registration (clause 3.1).
- You agree to comply with all rules, procedures and instructions provided by the Dive Master or the dive operators and you will be held liable for any damages you suffer as a result of failing to adhere to any of these rules, procedures and instructions (clause 4.4).
- You understand and acknowledge the risks to person and property involved in participating in any events organised by the Cape Town Dive Festival (clause 5.2).
- You agree to participate only in dives that fall within the limitations of your dive qualification and you agree that it is your sole responsibility to ensure that you comply with the terms of your dive qualification (clause 9.2).
- You agree that you will not be entitled to a refund of the entry fees in the event that the Cape Town Dive Festival cancels or delays any events organised by the Cape Town Dive Festival for any reason beyond its reasonable control, unless the Cape Town Dive Festival agrees to do so in writing (clause 11.2).
- You limit Cape Town Dive Festival’s liability and indemnify Cape Town Dive Festival for various acts or omissions (clause 13).
- You give Cape Town Dive Festival permission to use certain of your personal information (clause 19.1).
1. Definitions and Interpretation
1.1. “CTDF” means the Cape Town International Dive Festival (Pty) Ltd, a company incorporated in terms of the company laws of the Republic of South Africa with with registration number 2014/131439/07.
1.2. “Event(s)” means any event hosted by us, including the Cape Town Dive Festival.
1.3. “Website” means the website of the CTDF at URL www.ctdf.co.za or such other URL as the CTDF may choose from time to time.
1.4. “You”, “participant” or the “user” means any person who accesses this Website for any purpose or participates in any Event.
2. Use Subject to these Terms and Conditions
2.1. Your use of and access to this Website as well as your participation in any Event is at all times governed by the terms of these terms and conditions, and by using the Website or participating in any Event you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Website or registered and booked for an Event.
2.2. If you do not agree to these terms and conditions, you must cease your access to this Website and your participation or intended participation in any Event immediately.
2.3. These terms and conditions include the CTDF’s Privacy Policy, which is included herein by reference.
2.4. Please note that, due to legal and other developments, CTDF may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website and participation in any Event subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
3. Cooling Off Period
3.1. PARTICIPANTS IN ANY EVENT ARE ENTITLED TO CANCEL, WITHOUT REASON AND WITHOUT PENALTY, ANY REGISTRATION AND BOOKING WITHIN SEVEN (7) DAYS AFTER THE DATE OF REGISTRATION. SUCH PARTICIPANTS WILL BE ENTITLED TO A FULL REFUND OF THE REGISTRATION AND BOOKING FEES; THE REFUND WILL BE MADE WITHIN 30 (THIRTY) DAYS OF THE DATE OF CANCELLATION.
4. Dive Rules for Events
4.1. At every dive site, the Dive Master will give a briefing to the participants before the commencement of every boat dive. The briefing will include the following:
4.1.1. the dive times;
4.1.2. the buddy-pair system including the ‘lost-buddy’ procedure; and
4.1.3. emergency procedures regarding the dives at the dive site.
4.2. Once all the participants of a dive at any Event have boarded a dive boat, the dive operator will give a briefing to the participants before the commencement of the dive. The briefing will include an explanation of the health and safety rules and procedures that are applicable for that dive.
4.3. The dive operator may determine any further rules, procedures or instructions that are necessary for the purposes of that dive.
4.4. IT IS YOUR DUTY TO CAREFULLY LISTEN TO ALL RULES, PROCEDURES AND INSTRUCTIONS PROVIDED BY THE DIVE MASTER OR THE DIVE OPERATORS AND YOU AGREE TO COMPLY WITH ALL RULES, PROCEDURES AND INSTRUCTIONS PRESCRIBED FOR THE DURATION OF THE DIVE. SHOULD YOU FAIL TO ADHERE TO ANY OF THESE RULES, PROCEDURES AND INSTRUCTIONS, WE WILL NOT BE LIABLE FOR ANY DAMAGES YOU SUFFER AS A RESULT.
5. Risks associated with Events
5.1. You accept that you participate in any Event at your own risk and acknowledge that we cannot manage all potential risks, even foreseen ones, otherwise it would not be feasible to organise any Event.
5.2. YOU THEREFORE UNDERSTAND AND ACKOWLEDGE THAT THERE ARE RISKS AND HAZARDS ASSOCIATED WITH EVENTS OF THIS NATURE AND THAT THE POSSIBLE EFFECTS OF THESE RISKS CAN RANGE FROM MINOR INJURIES TO SEVERE INJURIES TO DEATH, AND IN RELATION TO YOUR PROPERTY CAN RANGE FROM MINOR DAMAGE TO SEVERE DAMAGE TO COMPLETE DESTRUCTION OR LOSS.
6. Children’s Participation in Events
6.1. IF THE PARTICIPANT IS A MINOR, I.E. YOUNGER THAN 18, HE OR SHE MAY NOT PARTICIPATE IN THE EVENT UNLESS HIS OR HER PARENT(S) OR LEGAL GUARDIAN(S), HAVE AGREED TO BE BOUND BY THESE TERMS AND HIS OR HER DIVING QUALIFICATION PERMITS HIM OR HER TO PARTICIPATE IN THE EVENT.
6.2. By giving permission for a minor to participate in any Event, you agree not to bring any claims against us for losses or damages he/she may suffer as a result of injury or death he/she may have suffered as a result of their participation in any Event or particiption contratry to his/her dive qualification. You also agree to only claim on his/her behalf for losses, damages and injuries he/she may suffer as a result of his/her participation in any Event to the extent allowed for in this agreement.
6.3. IF YOU ARE ENTERING ON BEHALF OF A MINOR, YOU CONFIRM THAT YOU ARE DULY AUHORISED IN LAW TO ACT AND LEGALLY BIND THE MINOR. YOU AGREE TO HOLD US HARMLESS FROM ANY CLAIMS AGAINST US AS A RESULT OF THE ABSENCE OF SUCH LEGAL AUTHORITY.
7. Marine Protected Area (“MPA”) Permit
7.1. To participate in an Event, you must be in possession of a valid MPA permit. You furthermore agree to provide CTDF with proof of your MPA permit if you are requested do so.
7.2. CTDF reserves the right to refuse the entry, or to remove any person from an Event if they are not in possession of a valid MPA permit.
8. Medical Certificate of Fitness
8.1. To participate in an Event, you must be in possession of a valid medical certificate of fitness that confirms your fitness to dive. You furthermore agree to provide CTDF with proof of your medical certificate of fitness if you are requested do so.
8.2. CTDF reserves the right to refuse the entry, or to remove any person from any Event if they are not in possession of a valid medical certificate.
9. Dive Qualification
9.1. Unless you will only participate in a freedive, you agree that you are, or will be by the date of any Event in possession of a valid dive qualification. You furthermore agree to provide CTDF with proof of your dive qualfiication if you are requested do so.
9.2. YOU AGREE TO PARTICIPATE ONLY IN DIVES AT ANY EVENT FOR WHICH YOU ARE PERMITTED IN TERMS OF YOUR DIVE QUALIFICATION. YOU UNDERSTAND THAT IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOU DIVE WITHIN THE PARAMETRES OF YOUR DIVE QUALIFICATION AND YOU AGREE TO HOLD CTDF HARMLESS FROM ANY DAMAGES YOU MAY SUFFER AS A RESULT OF DIVING OUTSIDE OF THE PARAMETRES OF YOUR QUALIFICATION.
10. Health and Safety Policy
10.1. Every participant must sign the liability release form upon arrival at CTDF’s registration desk. Any participant who refuses to sign the liability release form will not be permitted to participate in any Event.
10.2. Every boat operator will have all necessary emergency medical equipment onboard their dive boat.
10.3. The dive operator will inform the participants about the emergency medical equipment onboard the dive boat during their briefing to the participants prior to commencement of the dive.
10.4. Any Event organised or operated by CTDF will be attended by at least two duly qualified paramedics and a duly registered ambulance service and every Dive Master will have successfully completed an Emergency First Response (‘EFR’) course prior to the commencement of any Event.
10.5. It is each participant’s sole responsibility to take the necessary precautions to protect the safety of him/herself and others, especially with regards to the spread of any viral infections, viruses, sicknesses, diseases, epidemics or pandemics (“severe health risks”), and ensuring the participant keeps the risk of infection as low as possible.
10.6. When entering and participating in an Event, each participant agrees and undertakes to comply with any relevant legislation and regulations and protocols issued by the national and/or local government and/or the event organisers relating to severe health risks as well as any guidelines issued by local and national health authorities at the time of competing in the Event.
10.7. No participant may participate in an Event if he/she had any contact with persons confirmed or suspected of being infected with or carrying a severe health risk.
10.8. Each participant must stay updated as to the symptoms of severe health risks, as well as the risks of transmission for him/herself and others and how to avoid it.
10.9. Participants should not participate in an Event if he/she feels even slightly ill. Participants should take his/her temperature on the event day and not compete if his/her temperature is above normal.
11. Refund Policy
11.1. The entry fee will be refunded if the participant is unable to participate in an Event due to any injury or illness that reasonably prevents the participant from participating or hospitalisation or death. A request for a refund on this basis must be in writing and must be emailed to capetowndivefestival@gmail.com seven (7) days prior to the Event .
11.2. EACH PERSON ENTERING AN EVENT UNDERSTANDS AND ACCEPTS THAT, SHOULD AN EVENT BE CANCELLED OR DELAYED DUE TO ANY REASON OR CAUSE BEYOND CTDF’S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ANY OF THE FOLLOWING: ACT OF GOD, STRIKES, LOCK OUTS OR OTHER INDUSTRIAL ACTION, SABOTAGE, TERRORISM, CIVIL COMMOTION, RIOTS, STRIKES, INVASION, WAR, THREAT OF OR PREPARATION FOR WAR, FIRE, EXPLOSION, STORM, FLOOD, SUBSIDENCE, EPIDEMIC OR OTHER NATURAL PHYSICAL DISASTER, INTERRUPTION OF ELECTRICITY OR WATER SUPPLY, ANY ACT OR POLICY OF ANY STATE OR GOVERNMENT OR OTHER AUTHORITY HAVING JURISDICTION OVER THE EVENT, ECONOMIC SANCTIONS, BOYCOTT OR EMBARGO, THE ENTRY FEES THAT HAVE BEEN PAID ARE NOT REFUNDABLE, UNLESS OTHERWISE AGREED TO BY CTDF IN WRITING.
11.3. Events will take place regardless of bad weather and will only be cancelled or stopped for reasonable safety precautions.
11.4. If CTDF cancels any Event on the date of that Event due to poor weather conditions, a refund of any booking fee paid to CTDF for any boat dive will only be allowed if the decision to cancel is taken by CTDF prior to the commencement of the Event for which the booking was made and such decision is made in writing.
11.5. No refund of the registration fee or the entry fee payable by non-participants will be allowed in any circumstances, except as provided by law.
11.6. CTDF reserves the right to refuse any person’s entry or cancel any person’s entry up to the day of any Event.
12. Substitution of participants
12.1. You may with the consent of CTDF substitute another person for your own registration and booking slot at any Event, provided that the substituted person agrees to and complies with these Terms and Conditions and the relevant dive qualification limitations. A request for a substitution must be in writing and must be emailed to capetowndivefestival@gmail.com one (1) day prior to the Event.
13. Limitation of Liability and Indemnity
13.1. CTDF DO NOT UNDER ANY CIRCUMSTANCES ACCEPT LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR AGGRAVATED DAMAGES.
13.2. TO THE EXTENT PERMITTABLE BY APPLICABLE LAW, CTDF EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OCCASIONED FROM THE USE OR INABILITY TO USE THE WEBSITE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND CTDF HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME. CONSEQUENTIAL AND INDIRECT LOSS AND DAMAGE WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, AND WASTED EXPENDITURE.
13.3. TO THE EXTENT PERMITTABLE BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CTDF, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR APPLICATION OR OTHER PROCEEDINGS, INCLUDING FOR ATTORNEY’S FEES AND RELATED COSTS SUCH AS TRACING FEES, MADE BY ANY THIRD PARTY AND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE.
13.4. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CTDF, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FOR ANY INJURY, ILLNESS, ACCIDENT OR DEATH DIRECTLY OR INDIRECTLY CAUSED BY OR ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE EVENTS ORGANISED, OPERATED OR MARKETED BY CTDF, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND CTDF HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
13.5. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CTDF, ITS SERVANTS, SUBCONTRACTORS, SUBSIDIARIES AND AFFILIATES FOR ANY INJURY, ILLNESS, ACCIDENT OR DEATH DIRECTLY OR INDIRECTLY CAUSED BY ANY FAILURE TO PROVIDE PROOF OF A VALID MPA PERMIT, MEDICAL CERTIFICATE OF FITNESS AND/OR DIVE QUALIFICATION OR BY THE SUBMISSION OF A FRAUDULENT MPA PERMIT, MEDICAL CERTIFICATE OF FITNESS AND/OR DIVE QUALIFICATION.
14. Content
14.1. THIS ENTIRE WEBSITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED “AS IS” AND “AS AVAILABLE”. CTDF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEBSITE OR THE INFORMATION CONTAINED IN IT UNLESS THIS IS SPECIFICALLY IMPOSED BY LAW.
14.2. All material included on the Website is intended for information purposes only you are hereby placed under notice that you should take appropriate steps to verify such information.
14.3. Any use of or reliance on the Website, the contents of the Website or the information provided through the Website will be at your sole risk. CTDF makes no representations or warranties whatsoever as to the accuracy of the information contained in the Website.
14.4. CTDF does not warrant that the Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by CTDF will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of the Website.
15. Third Party Sites
15.1. The Website contains hyperlinks to websites owned and / or operated by third parties. CTDF is not responsible for the content of such websites, and does not endorse or approve the contents thereof.
15.2. CTDF CONSEQUENTLY DOES NOT ACCEPT ANY LIABILITY IN CONNECTION WITH ANY THIRD-PARTY WEBSITES THAT MAY BE LINKED TO THE WEBSITE (REGARDLESS OF WHETHER OR NOT A LINK HAS BEEN PERMITTED BY THE CTDF) AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITE THAT IS LINKED TO THE WEBSITE. THE FACT THAT A WEBSITE IS LINKED TO THE WEBSITE DOES NOT IMPLY THAT THE CTDF SPONSORS, ENDORSES OR IS AFFILIATED OR ASSOCIATED WITH THE ENTITY THAT OWNS OR IS RESPONSIBLE FOR THE WEBSITE.
16. Intellectual Property
16.1. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in the Website is owned by CTDF, which asserts and reserves all of its rights in this regard. Access to or use of the Website will not in any way result in an assignment or license of any intellectual property owned by CTDF or any other party.
16.2. The contents of the Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of CTDF. However, CTDF permits you to display the content of the Website on your computer provided that:
16.2.1. you do not modify the content of this material;
16.2.2. CTDF Website is the acknowledged source including the reference www.ctdf.co.za; and
16.2.3. this permission may be revoked at any time by CTDF.
16.3. No other use of the Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of the Website, include the content of the Website in or with any product that you create or distribute, or copy the content of the Website onto your own or another’s website, unless as set out in these terms and conditions.
17. Linking, Framing and Crawling
17.1. The express permission in writing of CTDF is required before any hyperlink other than to the Home Page of the Website is created. Permission, if granted, will be subject to the condition that the party linking to the Website alerts users to the application of these terms and conditions. Requests for permission can be emailed to capetowndivefestival@gmail.com .
17.2. Permission to link to the Website is given without assumption of any liability. CTDF reserves the right to withdraw permission granted to link to the Website at any time and for any reason.
17.3. The express permission in writing of CTDF, which may be subject to conditions, is required before the Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to capetowndivefestival@gmail.com.
17.4. Apart from bona-fide search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of CTDF.
18. Security
18.1. CTDF will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to the Website or attempts to gain unauthorised access to any page on the Website.
18.2. While CTDF takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of the Website or by destructive data or code that is passed on to you through the use of the Website.
19. Personal Information
19.1. YOU HEREBY EXPRESSLY AGREE THAT WE MAY COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION THAT YOU HAVE PROVIDED ON THE BASIS AND WITH THE PEOPLE AS SET OUT IN OUR PRIVACY POLICY.
20. Jurisdiction
20.1. These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and CTDF both agree to submit any dispute arising out of the participation in any Event or the use of the Website to the exclusive jurisdiction of the courts of the Republic of South Africa.
21. General
21.1. These Terms and Conditions contain the record of the entire agreement between you and CTDF and we will not be bound by any other terms, conditions or representations.
21.2. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
21.3. CTDF’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by CTDF in writing.
21.4. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
Prepared by Dingley Marshall Lewin Inc.