Terms & Conditions

Introduction

These Terms & Conditions (“Terms”) govern your access to and use of diveindia.com (the “Website”) and all services, products, bookings, and digital content offered by DIVEIndia (“Company,” “we,” “us,” or “our”). By accessing the Website, placing a booking, making a purchase, or registering an account, you confirm that you have read, understood, and agree to be bound by these Terms in full.

Please read these Terms carefully before using our Website or services. If you do not agree to any part of these Terms, you must not use our Website or services. These Terms apply alongside our Privacy Policy, Cookie Policy, Refund & Cancellation Policy, Shipping Policy, End-User License Agreement, and Disclaimer — all of which are available at diveindia.com.

1. Definitions & Key Terms

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

Company: When these Terms mention “Company,” “we,” “us,” or “our,” they refer to DIVEIndia, operating 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 headquartered and primarily operates.

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

Service: All services provided by DIVEIndia, including scuba diving courses, fun dives, experience/intro programs, DIVEResort accommodation on Neil Island, gear sales, and outbound dive trips arranged through DIVEIndia Outbound.

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

Third-Party Service: Advertisers, certification agencies (SSI, PADI, NAUI), payment processors, ferry operators, partner resorts, and other external providers integrated with or referenced on the Website.

User / You: Any person or entity that accesses the Website, registers an account, places a booking, or purchases a product or service from DIVEIndia.

Cookie: A small amount of data generated by a website and saved by your web browser, used to identify your browser, provide analytics, and remember information such as your language preference or login details.

Booking: Any reservation made through the Website or directly with DIVEIndia for a dive course, fun dive, experience program, resort stay, or any other service.

Digital Content: Online course materials, eLearning modules, knowledge reviews, e-manuals, and dive certifications accessed through the Website or provided as part of a registered course.

2. Acceptance of Terms & Eligibility

By accessing or using the Website or any of our Services, you confirm that:

You are at least 18 years of age, or if younger, that you have obtained the written consent of a parent or legal guardian who agrees to these Terms on your behalf;
You have the legal capacity to enter into a binding agreement;
You will use the Website and Services in accordance with these Terms and all applicable laws of India;
All information you provide to DIVEIndia — including personal details, booking information, and medical declarations — is accurate, current, and complete.

Certain diving activities (such as Junior Open Water Diver programs) are available to participants under 18 with verifiable parental or guardian consent. Minimum age requirements for specific courses are detailed on the relevant course pages on the Website.

3. User Accounts

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

You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your account.
You agree to provide accurate, current, and complete information when creating an account and to update it as necessary to keep it accurate.
You must not share your account credentials with any other person or allow any other person to use your account.
You must notify us immediately at info@diveindia.com if you become aware of any unauthorised use of your account or any other security breach.
DIVEIndia reserves the right to suspend or terminate any account — and to refuse any current or future use of the Website — if we determine, in our sole discretion, that you have violated these Terms, engaged in fraudulent activity, or posed a risk to other users or the integrity of the platform.

4. Bookings, Purchases & Payment

4.1 Bookings

All bookings for dive courses, fun dives, experience programs, and DIVEResort accommodation are subject to availability. A booking is only confirmed once you have received written confirmation from DIVEIndia and the required deposit or full payment has been received.

Bookings are subject to our Refund & Cancellation Policy, which forms part of these Terms and is available at diveindia.com.
DIVEIndia reserves the right to cancel, reschedule, or modify any booking at any time due to weather, safety conditions, or other operational factors, with maximum liability limited to a refund of amounts paid.
Any changes to a confirmed booking requested by you are subject to availability and may incur additional charges.

4.2 Pricing & Payment

All prices displayed on the Website are in Indian Rupees (INR) and are inclusive of applicable GST unless otherwise stated. DIVEIndia operates a strong one transparent price policy — all discounts are publicly listed and available to all customers equally.

Payment must be received in full (or a deposit as specified) before a booking is confirmed.
DIVEIndia accepts payment via the methods listed on the Website at the time of booking. Payment processing is handled by secure third-party payment gateways.
DIVEIndia reserves the right to correct any pricing errors on the Website at any time. In the event of a pricing error on a confirmed booking, we will notify you and offer the option to proceed at the correct price or cancel for a full refund.

4.3 Gear & Product Purchases

All product sales are subject to stock availability. Every item is inspected and verified before dispatch or handover. Purchases of gear and equipment are additionally governed by our Shipping Policy and Refund & Cancellation Policy.

A GST invoice and manufacturer warranty are provided with all new gear purchases.
Products listed as Pre-Owned or Used are sold as-is with no returns policy and no warranty unless explicitly stated in the product listing.
DIVEIndia will honour valid manufacturer warranty claims for new products, subject to the terms of the relevant manufacturer’s warranty.

5. Dive Activities & Participation

Participation in any diving activity — including courses, fun dives, and experience programs — is subject to the following conditions:

5.1 Medical Fitness

All participants must complete a Medical Questionnaire and Liability Release/Waiver prior to their first in-water session. If you answer “Yes” to any medical question, a doctor’s clearance certificate for scuba diving is required before you may participate.

It is your responsibility to disclose all relevant medical conditions truthfully and in full. DIVEIndia shall not be liable for any injury or illness arising from non-disclosure of a pre-existing condition.
DIVEIndia reserves the right to refuse participation to any individual on medical or safety grounds, at the sole discretion of the supervising dive professional.

5.2 Safety & Instructor Authority

The decision of the DIVEIndia instructor or divemaster supervising any activity is final in all matters relating to safety and dive conditions.
DIVEIndia reserves the right to cancel, suspend, or modify any activity at any time if conditions are deemed unsafe, without liability beyond a refund or credit of amounts paid.
Participants must follow all safety briefings, dive plans, and instructions provided by DIVEIndia staff at all times.
Scuba diving involves inherent risks. By participating, you acknowledge these risks and accept personal responsibility for your own safety within the limits of your training and certification level.

5.3 No-Fly Rule

Participants must allow a minimum of 18–24 hours after their final dive before boarding a flight, in accordance with recognised dive safety guidelines. DIVEIndia strongly recommends participants plan their departure accordingly. We are not liable for any medical issues arising from non-compliance with this guideline.

5.4 Code of Conduct

Participants are expected to behave respectfully toward DIVEIndia staff, fellow divers, and the marine environment at all times.
Any participant who is intoxicated, under the influence of drugs, or behaving in a manner deemed unsafe or disruptive may be refused participation or removed from an activity without refund.
Deliberate damage to coral reefs, marine life, or dive equipment is strictly prohibited and may result in legal liability.

6. Dive Certifications & Course Completion

DIVEIndia is an authorised training facility for SSI (Scuba Schools International) and other recognised certification agencies. Dive certifications are issued directly by the relevant agency upon successful course completion — not by DIVEIndia.

Certification is conditional on the successful completion of all required knowledge development, confined water, and open water components of the course, as assessed by your DIVEIndia instructor.
DIVEIndia instructors reserve the right to withhold or delay certification if a student has not met the required standards, without obligation to refund course fees already incurred.
Certification records and digital credentials are the intellectual property of the issuing certification agency and are governed by their respective policies.
Digital course material (eLearning access, e-manuals) is non-refundable once access has been granted, regardless of whether the course has commenced. Please refer to our Refund & Cancellation Policy for full details.

7. Prohibited Activities

You agree not to use the Website or Services for any purpose that is unlawful, harmful, or prohibited by these Terms. You specifically agree not to:

Use the Website in any way that violates applicable Indian or international law or regulation;
Attempt to gain unauthorised access to any part of the Website, its servers, or any systems or networks connected to the Website;
Use automated tools — including bots, scrapers, or crawlers — to access, collect, or extract data from the Website without our prior written consent;
Submit false, misleading, or fraudulent information in a booking, account, or medical declaration;
Post, upload, or transmit any content that is defamatory, obscene, offensive, hateful, or that infringes the intellectual property or privacy rights of any person;
Use the Website to harass, abuse, or harm DIVEIndia staff, fellow users, or any third party;
Reproduce, distribute, or commercialise any content from the Website — including course materials, photographs, text, or branding — without our prior written consent;
Engage in any conduct that damages or interferes with the integrity, performance, or availability of the Website.

8. User-Generated Content

If you submit, post, or share any content with DIVEIndia — including reviews, testimonials, photographs, or comments via the Website, email, or social media — you grant DIVEIndia a non-exclusive, royalty-free, perpetual, and worldwide licence to use, reproduce, adapt, publish, and distribute that content for promotional, informational, and operational purposes, with attribution where appropriate.

You represent that you own or have the necessary rights to submit any content you share with us, and that the content does not infringe any third-party rights.
DIVEIndia reserves the right to remove, edit, or refuse to publish any user-submitted content that we deem offensive, misleading, defamatory, or otherwise inappropriate, at our sole discretion.
DIVEIndia is not responsible for any content posted by third parties on our social media pages or third-party review platforms.

9. Intellectual Property

All content on the Website — including text, photographs, graphics, videos, course material, logos, and branding — is the intellectual property of DIVEIndia or its licensors and is protected by applicable Indian and international copyright and trademark laws.

Nothing in these Terms transfers any intellectual property rights to you. You may not copy, reproduce, distribute, publish, or create derivative works from any content on the Website without our prior written consent. The DIVEIndia name, logo, and associated marks may not be used without our express written permission.

Third-party brands referenced on the Website — including but not limited to SSI, Aqualung, Mares, Shearwater, Tusa— are the property of their respective owners. DIVEIndia is an authorised reseller and training facility; no ownership of third-party marks is claimed.

10. Third-Party Services & External Links

The Website may contain links to, or integrate with, third-party websites and services — including certification agency portals, payment gateways, ferry operators, partner resorts, and social media platforms. These Third-Party Services are not operated or controlled by DIVEIndia.

DIVEIndia is not responsible for the content, accuracy, privacy practices, or availability of any third-party website or service. Access to Third-Party Services is at your own risk and subject to those parties’ own terms and conditions. When you navigate away from our Website, these Terms are no longer in effect.

Where DIVEIndia facilitates bookings for Third-Party Services (such as resort accommodation or ferry services) as a convenience for our guests, our liability is limited as described in our Refund & Cancellation Policy — Section 7: Third-Party Services.

11. Privacy & Cookies

Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference and available at diveindia.com. By using the Website, you consent to the collection, use, and processing of your personal data as described in those policies.

In connection with bookings and course participation, DIVEIndia collects personal data including identification information, medical declarations, certification records, and payment details. This data is handled in accordance with our Privacy Policy and applicable Indian data protection law.

12. Updates to This Disclaimer

DIVEIndia reserves the right to amend this Disclaimer at any time. When changes are made, we will update the “Last Updated” date at the top of this document. Your continued use of the Website after any such changes constitutes your acceptance of the updated Disclaimer.

We encourage you to review this Disclaimer periodically to remain informed of any updates.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIVEINDIA AND ITS DIRECTORS, EMPLOYEES, INSTRUCTORS, AGENTS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE LOSS OR DAMAGE ARISING FROM:

Your use of, or inability to use, the Website or any Service;
Any reliance placed on information, content, or advice obtained through the Website;
Any injury, illness, loss, or damage arising from participation in any diving activity;
Any cancellation, delay, or modification of any booking or activity due to weather, safety conditions, or force majeure;
Any loss arising from Third-Party Services, including ferry cancellations, resort issues, or payment gateway failures;
Any unauthorised access to or alteration of your data or account.

In all cases, DIVEIndia’s total aggregate liability to you shall not exceed the amount paid by you to DIVEIndia in connection with the specific booking or purchase giving rise to the claim. Nothing in these Terms excludes liability for death or personal injury caused by our negligence, or for any other liability that cannot lawfully be excluded.

14. Indemnification

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

Your breach of any provision of these Terms;
Your violation of any applicable law or the rights of any third party;
Any content you submit or post through the Website or our social media channels;
Your misrepresentation of any information provided to DIVEIndia, including medical declarations;
Your wilful misconduct or negligence during any diving activity.

15. Termination

These Terms remain in effect for as long as you use the Website or any of our Services.

DIVEIndia may suspend or terminate your access to the Website and any associated account at any time, with or without notice, if you breach these Terms, engage in fraudulent or harmful conduct, or if we decide to discontinue or substantially modify the Website or any Service.
You may terminate your use of the Website at any time by ceasing to access it and, where applicable, by requesting deletion of your account at info@diveindia.com.
Upon termination, all rights granted to you under these Terms and our EULA will cease immediately. Provisions that by their nature should survive termination — including intellectual property, disclaimer of warranties, limitation of liability, and governing law — shall continue to apply.
Termination does not affect any rights or obligations that accrued prior to termination, including payment obligations for services already rendered.

16. Force Majeure

DIVEIndia shall not be liable for any failure or delay in performance of its obligations under these Terms arising from causes beyond its reasonable control, including but not limited to: acts of God, extreme weather events, cyclones, tsunamis, ferry or flight cancellations, port closures, government orders, civil unrest, pandemic or epidemic events, or any other event outside DIVEIndia’s reasonable control.

In such circumstances, DIVEIndia will endeavour to notify affected guests as soon as reasonably practicable and will offer a credit voucher, rescheduling, or refund in accordance with our Refund & Cancellation Policy. Only Andamans weather-related emergencies will be considered under the force majeure provisions applicable to DIVEResort bookings.

17. Amendments to These Terms

DIVEIndia reserves the right to update or modify these Terms at any time. When changes are made, we will update the “Last Updated” date at the top of this document and, where changes are significant, post a notice on the Website. Your continued use of the Website or any Service after changes have been posted constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically. If you do not agree to any updated Terms, you must stop using the Website and our Services.

18. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect and remain binding on both parties.

20. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Refund & Cancellation Policy, Shipping Policy, End-User License Agreement, and Disclaimer, constitute the entire agreement between you and DIVEIndia with respect to your use of the Website and our Services. They supersede all prior agreements, representations, and understandings between you and DIVEIndia on those matters.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. DIVEIndia’s failure to assert any right or provision under these Terms shall not constitute a waiver of that right or provision.