End-User License Agreement (EULA)

Agreement Overview

This End-User License Agreement (“Agreement” or “EULA”) is a binding legal agreement between you (“End User,” “you,” or “your”) and DIVEIndia (“Company,” “we,” “us,” or “our”) governing your access to and use of diveindia.com and all associated subdomains, digital platforms, booking systems, online course materials, and related services (collectively, the “Service”).

BY CLICKING “I AGREE,” ACCESSING, OR USING THE SERVICE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

If you are agreeing to this Agreement on behalf of an organisation or another person, you represent that you have the authority to bind that organisation or person, and the terms “you” and “your” will refer to that organisation or person.

1. Definitions & Key Terms

To help explain things as clearly as possible, every time any of these terms are referenced in this Agreement they are strictly defined as:

Company: When this Agreement mentions “Company,” “we,” “us,” or “our,” it refers to DIVEIndia, responsible for the Service under this EULA. DIVEIndia operates from Havelock (Swaraj Dweep) and Neil Island (Shahid Dweep), Andaman & Nicobar Islands, India, with mainland training centers in Bangalore and Mumbai.

Country: India, where DIVEIndia is based and primarily operates.

Service: Refers to the website, subdomains, digital booking platforms, online course portals, digital course materials, and any related services provided by DIVEIndia, accessible at diveindia.com.

Third-Party Service: Refers to advertisers, promotional and marketing partners, certification agencies (such as SSI), payment processors, ferry and accommodation providers, and others whose services are integrated with or accessible through the Service.

Website: DIVEIndia’s website, accessible at diveindia.com and its associated subdomains.

Device: Any internet-connected device — including a phone, tablet, or computer — used to access and use the Service.

Digital Content: Any online training materials, videos, knowledge reviews, e-manuals, dive logs, certification records, or other digital resources accessed through the Service or provided as part of a dive course.

You / End User: A person or entity that accesses or uses the Service — including booking a dive course, making a purchase, or registering an account on diveindia.com.

2. License Grant

Subject to your compliance with the terms of this Agreement, DIVEIndia grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to:

Access and use the Service for your personal, non-commercial use;
Access Digital Content (such as SSI or equivalent eLearning modules, dive manuals, and course materials) that you have lawfully purchased or been granted access to as part of a registered course with DIVEIndia;
Make use of booking, communication, and account management features of the Website for the purposes of planning and undertaking diving activities with DIVEIndia.

This licence does not include any rights not expressly granted herein. All rights not expressly granted to you are reserved by DIVEIndia and its licensors.

3. Restrictions on Use

You agree not to, and you will not permit others to:

Copy, modify, translate, adapt, or create derivative works based on the Service or any Digital Content provided through it;
License, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Service or any part of it;
Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service or any software component thereof;
Use the Service in any manner that could damage, disable, overburden, or impair the Website or its servers, or interfere with any other party’s use of the Service;
Attempt to gain unauthorised access to any portion or feature of the Service, or to any systems or networks connected to the Service;
Use any automated means — including bots, scrapers, or crawlers — to access the Service or to extract or collect data from it;
Share, resell, or redistribute DIVEIndia Digital Content (including course eLearning access, e-manuals, or digital certifications) with any third party;
Use the Service for any unlawful purpose or in violation of any applicable laws or regulations of India or your country of residence;
Post, upload, or transmit any content that is false, misleading, defamatory, offensive, or that infringes the intellectual property rights of any third party;
Impersonate any person or entity, or misrepresent your affiliation with any person or entity, in connection with your use of the Service.

4. Intellectual Property

The Service — including its design, layout, graphics, text, images, video content, course materials, software, and underlying code — is the exclusive property of DIVEIndia or its licensors and is protected by applicable Indian and international copyright, trademark, and intellectual property laws.

This Agreement does not transfer any intellectual property rights to you. Your use of the Service grants you no ownership over any part of it. The DIVEIndia name, logo, and all related marks, product names, and service names are trademarks of DIVEIndia. You may not use any DIVEIndia trademark, logo, or trade name without our prior written consent.

Digital course content accessed through the Service (including SSI eLearning modules, dive theory materials, and digital certifications) is licensed content. Your right to access this content is personal, non-transferable, and subject to the terms of this Agreement and those of the relevant certification agency.

Your dive certification card and associated digital credentials remain the property of the issuing certification agency (SSI, or equivalent). DIVEIndia acts as a registered training facility and does not own or control the certification itself.

5. User Accounts & Bookings

To access certain features of the Service — including online booking, course registration, and Digital Content — you may be required to create an account or provide personal details.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to provide accurate, current, and complete information when creating an account or making a booking, and to update it as necessary.
You must notify us immediately of any unauthorised use of your account or any other security breach at info@diveindia.com.
DIVEIndia reserves the right to suspend or terminate your account if we determine, in our sole discretion, that you have violated this Agreement or that your account is being used fraudulently.
Bookings made through the Service are subject to our Refund & Cancellation Policy, which forms part of the terms governing your use of the Service.

6. Third-Party Services

The Service may contain links to, or integrate with, third-party websites and services — including SSI eLearning platforms, payment gateways, ferry booking services, partner accommodation providers, and social media platforms. These Third-Party Services are not operated or controlled by DIVEIndia.

DIVEIndia is not responsible for the content, accuracy, completeness, timeliness, or legality of any Third-Party Service. We do not assume and shall not have any liability or responsibility to you or any other person for any Third-Party Service. Access to and use of Third-Party Services is entirely at your own risk and subject to those third parties’ own terms and conditions.

When you leave our Website via a link, our EULA, Privacy Policy, and Cookie Policy are no longer in effect. Your interactions with any third-party website or service are governed by that party’s own policies.

DIVEIndia facilitates bookings with third-party service providers (such as resorts, ferry services, and airport transfers) as a convenience for our guests. Please refer to our Refund & Cancellation Policy — Section 7: Third-Party Services — for the terms that govern such arrangements.

7. Digital Content & Course Materials

Access to Digital Content — including online theory modules, knowledge reviews, dive logs, and e-manuals — is granted as part of a registered dive course and is subject to the following terms:

Digital Content is licensed for your personal use only and may not be shared, copied, reproduced, or redistributed in any form.
Access to Digital Content may be subject to the terms and conditions of the relevant certification agency (SSI), in addition to this Agreement.
DIVEIndia does not guarantee that Digital Content will be available indefinitely. Access may be modified or discontinued at any time by us or the relevant certification agency.
Course material fees are non-refundable once Digital Content access has been granted, regardless of whether the course has commenced. Please refer to our Refund & Cancellation Policy for further detail.
Any certification records issued as a result of completing a course through DIVEIndia are the intellectual property of the issuing certification agency and are governed by their respective policies.

8. Privacy & Data Collection

DIVEIndia collects, stores, and processes personal data in accordance with our Privacy Policy, which is incorporated into this Agreement by reference. By agreeing to this EULA, you also agree to the terms of our Privacy Policy.

In connection with your use of the Service, we may collect:

Personal identification data (name, email, phone, date of birth, nationality) for the purposes of booking and certification;
Medical declarations required for safe participation in diving activities;
Payment and billing information, processed securely through third-party payment gateways;
Usage data and behavioural analytics collected via cookies, as described in our Cookie Policy.

We do not sell your personal data to third parties. Your data is shared only as necessary to deliver the Service — including with certification agencies for the issuance of dive certifications. Please read our full Privacy Policy at diveindia.com.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIVEINDIA EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
Warranties that the Service will be uninterrupted, error-free, or free of viruses or other harmful components;
Warranties regarding the accuracy, reliability, completeness, or timeliness of any content, information, or Digital Content available through the Service.

DIVEIndia does not warrant that the Service will meet your specific requirements or expectations. Use of the Service is entirely at your own risk.

Nothing in this clause limits or excludes any statutory rights you may have as a consumer under applicable Indian law that cannot be excluded by contract.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIVEINDIA AND ITS DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR:

Any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with your use of, or inability to use, the Service;
Any loss of profit, revenue, data, business, or goodwill arising from your use of the Service;
Any damages resulting from your reliance on any information or content obtained through the Service;
Any loss or damage resulting from unauthorised access to or alteration of your data or transmissions;
Any matters relating to Third-Party Services, including the acts or omissions of third-party service providers.

In all cases, DIVEIndia’s total aggregate liability to you for any claim arising under or in connection with this Agreement shall not exceed the amount paid by you to DIVEIndia in the twelve (12) months preceding the event giving rise to the claim.

The foregoing limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DIVEIndia has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless DIVEIndia and its directors, employees, instructors, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in any way connected with:

Your access to or use of the Service in violation of this Agreement;
Your violation of any applicable law or the rights of a third party;
Any content or information you submit, post, or transmit through the Service;
Your wilful misconduct or negligence.

12. Termination

This Agreement is effective from the date you first access or use the Service and continues until terminated by either party.

DIVEIndia may, at its sole discretion, suspend or terminate your access to the Service at any time and without prior notice if you breach any term of this Agreement, if we are required to do so by law, or if we decide to discontinue or substantially modify the Service.
You may terminate this Agreement at any time by discontinuing your use of the Service and, where applicable, deleting your account.
Upon termination, all rights granted to you under this Agreement will immediately cease. You must discontinue all use of the Service and destroy any copies of Digital Content in your possession.
Provisions of this Agreement that by their nature should survive termination — including intellectual property rights, disclaimer of warranties, limitation of liability, and governing law — shall survive termination.
Termination of this Agreement does not affect any rights or obligations that accrued before termination, including payment obligations for services already rendered.

13. Severability

If any provision of this Agreement is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement shall continue in full force and effect.

DIVEIndia reserves the right to modify this Agreement at any time. When we make changes, we will update the “Last Updated” date at the top of this document and post a notice on our Website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement.

We encourage you to review this Agreement periodically. If you do not agree to the modified terms, you must stop using the Service.

14. Amendments to This Agreement

We encourage you to review this Agreement periodically. If you do not agree to the modified terms, you must stop using the Service.

15. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the Service shall be subject to the exclusive jurisdiction of the courts located in the Andaman & Nicobar Islands, India. By using the Service, you consent and submit to the personal jurisdiction of such courts.

Before initiating any formal legal proceedings, you agree to first contact DIVEIndia in good faith at info@diveindia.com to attempt to resolve the dispute informally. We will attempt to resolve any such dispute within 30 days of receiving notice.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief in any competent court where necessary to protect intellectual property rights or prevent irreparable harm.