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Dive Shop Agreement

SEARCH SCUBA DIVE SHOP AGREEMENT

Reference is made to the Terms of Service provided on the Search Scuba Platform and available here: (“Terms”).  By using the Search Scuba Platform, you agree to be bound by the terms of this agreement (“Agreement”), Terms and other related Search Scuba agreements posted on the Search Scuba Platform. All capitalized terms have the meaning set forth in the Terms unless otherwise defined in this Agreement.

  1. When creating a Listing through the Search Scuba Platform you must (i) provide complete and accurate information about your Dive Shop Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Dive Shop-specific rules) and requirements that apply (such as any minimum age, proficiency or fitness/health requirements) and (iii) provide any other pertinent information requested by Search Scuba. You are responsible for keeping your Listing information up-to-date at all times.

 

  1. You are solely responsible for setting a price (including any Taxes if applicable, or charges such as insurance fees, park fees, transportation costs, deposits, feels related to additional, optional items and rental fees) for your Listing (“Listing Fee”), provided that the Listing Fee must be equal to or less than any other advertised fee on any platform for the Dive Shop Service, including any advertised fees set directly by the Dive Shop.

 

  1. Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with the Terms or the relevant cancellation policy for your Listing.

 

  1. Pictures, animations, or videos (collectively, “Images”) and written content (“Written Content”), collectively with Images, “Service Description”) in your Listings must accurately reflect the quality, nature, scope and condition of your Dive Shop Services. Search Scuba reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution. Search Scuba also reserves the right to require the Listings to contain Written Content that accurately describes the nature of the Dive Shop Services offered, to be determined in Search Scuba’s sole discretion.

 

  1. The placement and ranking of Listings in search results on the Search Scuba Platform may vary and depend on a variety of factors, such as Diver search parameters and preferences, Dive Shop requirements, price and calendar availability, sufficiency of Service Description, customer service and cancellation history, Reviews and Ratings, type of Dive Shop Service, and/or ease of booking.

 

  1. By participating in the Search Scuba Platform, you are granting Search Scuba the non-exclusive right and license to advertise your Dive Shop Service and Listing on the Search Scuba Platform and any other traditional marketing channels (“Third Party Sites”).

 

  1. Search Scuba recommends that Dive Shops obtain appropriate insurance for their Dive Shop Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Divers (and the individuals the Diver has booked for, if applicable) while participating in your Dive Shop Service.

 

  1. If you choose to require a security deposit for your Dive Shop Service, you must specify this in your Listing (“Security Deposit”).

 

  1. You represent and warrant that any Listing you post will (i) not breach any agreements you have entered into with any third parties and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Dive Shop, you are solely responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who participate in providing your Dive Shop Service at your request or invitation, excluding the Diver. You hereby acknowledge and agree that Search Scuba is not responsible in any way for any claims whatsoever arising out of the provision of the Dive Shop Services or Listings.

 

  1. You agree to provide 1 complimentary “Fun Dives” per year to Search Scuba, to be used in Search Scuba’s sole discretion (“Complimentary Dives”). For the avoidance of doubt, Search Scuba will be able to transfer the Complimentary Dives to third parties in its sole discretion. This dive will be used for promotion of your dive shop.

 

   11.   Search Travel LLC, DBA Search Scuba, Auto-Renewal Subscription Terms and Conditions

 a.  Subscription Cost and Renewal:

  • The subscription fee for Search Scuba LLC is $199 per year.
  • The subscription will automatically renew annually on the renewal date unless canceled in accordance with the terms outlined below.

b.  Auto-Renewal Process:

  • The subscription will automatically renew for an additional year unless canceled by the subscriber.
  • The renewal date is one year after the subscription start date.

c.  Cancellation Policy:

  • To cancel the auto-renewal subscription, the subscriber must provide written notice of cancellation to Search Travel LLC.
  • Cancellation requests must be received at least 30 days prior to the renewal date to avoid automatic renewal for the subsequent year.
  • Failure to cancel the subscription within the specified timeframe will result in the automatic renewal of the subscription for another year.

d.  Cancellation Procedure:

  • Cancellation requests must be submitted in writing via email to support@searchscuba.com.
  • The subscriber will receive a confirmation email acknowledging the cancellation request within 2 business days of receipt.

e.  Refund Policy:

  • Subscription fees are non-refundable, regardless of the cancellation date.
  • No refunds will be issued for partial subscription periods.

f.  Commitments of Subscription Plan:

  • Dive shop will receive a “Book Now” button on the dive shop profile page on Search Scuba to the dive shop’s website. The button will include tracking UTMs so the dive shop can track the traffic coming from Search Scuba.
  • Dive shop will receive premium placement on applicable Search Scuba category pages.
  • Dive shop will receive at least 1 dedicated social media post.

g.  Contact Information:

  • For inquiries, cancellation requests, or assistance with the auto-renewal subscription, please contact Search Travel LLC at support@searchscuba.com.

h.  Acceptance of Terms:

  • By subscribing to Search Travel LLC and participating in the auto-renewal subscription, the subscriber acknowledges and agrees to abide by these terms and conditions.

i.  Modification of Terms:

  • Search Travel LLC reserves the right to modify these terms and conditions at any time. Subscribers will be notified of any changes in writing via email.

j.  Effective Date:

  • These terms and conditions are effective upon subscription to Search Scuba LLC’s auto-renewal service.

 

12.   You acknowledge that this Agreement is an extension of the Terms and is subject to the provisions of the Terms and Payment Terms.