The Legal Stuff
Last updated: Aug 1, 2019
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features and functionality are and will remain the exclusive property of Wondergat and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Wondergat.
Wondergat has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Wondergat shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
These Terms shall be governed and construed in accordance with the laws of South Africa without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
Last updated: Aug 1, 2019
Wondergat (“us”, “we”, or “our”) operates the Wondergat website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
Information Collection And Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:
- Email address
- Telephone number
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To Other Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.
Compliance With Laws
We will disclose your Personal Information where required to do so by law or subpoena.
Words of Advice for Divers and Dive-Curious People
SCUBA diving is a wonderful hobby that people routinely safely enjoy with the proper training, conditioning, and application of common sense. The choice on whether you should be diving at a particular dive site at a particular time depends on many factors including but not limited to: 1) your skill level, 2) your current physical condition, 3) your equipment, 4) environmental and site conditions, 5) and other factors not listed. You must make your own judgment about the diveability of any particular site or situation. No one else should or can make that determination for you. You can use references such as SCUBA websites (such as this one), SCUBA magazines, local dive shops, dive professionals hired to guide you at a specific site, dive buddies and SCUBA friends, and other resources but you remain ultimately responsible for your own safety. This is the nature of SCUBA diving. You and only you must decide if it is safe for you to don your gear and enter the water. Only when you have total confidence in your decision to enter the water and dive safely should you go forward and proceed with your SCUBA diving endeavors.
SCUBA diving is a real joy and pleasure for us and if you are reading this, no doubt you also love to go diving. It is a fun hobby that can enrich your life and bring you closer to the natural world. Please dive responsibly.
Legal Notice and Disclaimer
By using Wondergat.co.za, you agree to the following terms and conditions. Please read them carefully.
Wondergat.co.za has endeavored to provide the most accurate information on diving sites reasonably available to it. However, Wondergat.co.za’s presentation of this information does not constitute a representation, promise, or guarantee that the depicted diving sites and related information will be as they appear nor as they are described herein. Wondergat.co.za cannot and will not be held responsible for any errors, omissions, or changes in the information contained herein. In no event shall Wondergat.co.za be held liable or legally accountable for the contents of information stored in or transmitted from this site, nor for any events occurring or caused by your reliance on or use of information stored in or transmitted from this site. The entire risk of acting on information obtained from this site, including the risk of any and all property losses, personal injuries or deaths, detriments, economic losses, costs and damages of any kind are risks that are borne by those who choose to act on such information and not by Wondergat.co.za.
There is always a risk that natural or human events may cause the diving sites, access routes, and other oceanic, aquatic, terrestrial, and other conditions to change from the conditions depicted and described herein. Users of Wondergat.co.za are encouraged to call locally knowledgeable persons at contemplated diving sites before any trip in order to determine the extent of any changes in these conditions. It is prudent to purchase short-term travel, cancellation and accident insurance. You should discuss insurance with your insurance and travel agents.
Wondergat.co.za intends to update and improve the information contained in this site to reflect verified changes. It also invites comments and updates directed at improving the accuracy and quality of the information it provides, though it shall only be obligated to incorporate said comments and updates at its sole discretion and on its own timeline. Wondergat.co.za shall not be liable for any inaccuracies, delays or failures to update or improve the information contained in this site, nor for any property losses, personal injuries or deaths, detriments, economic losses, costs or damages of any kind that may occur as a result of any such inaccuracies, delays, or failures to update or improve the information contained in this site. Wondergat.co.za, and will not notify users when information has been updated other than by the presentation of the updated information. All information on this site is subject to change without notice.
Linked web page(s) not in this domain are not under the control of Wondergat.co.za. Wondergat.co.za is not responsible for the contents of those web pages or any link(s) contained on those web pages, or any changes or updates to those web pages. Wondergat.co.za provides such links solely as a convenience, and the inclusion of any such link is not an endorsement by, nor implies endorsement by, Wondergat.co.za.
Visitors to Wondergat.co.za may post reviews, comments, photos, videos, and other content, and submit suggestions, ideas, comments, questions, or other information to Wondergat.co.za (hereinafter, “content”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including rights of publicity), or otherwise injurious to third parties or objectionable.
Wondergat.co.za. reserves the right (but not the obligation) to remove or edit content, or to reject any content deemed inappropriate for any reason, but does not regularly review posted content.
If you post or submit content, unless Wondergat.co.za indicates otherwise, you grant Wondergat.co.za a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display the content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content you post or submit, that the content is accurate, that use of the content you post or submit does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Wondergat.co.za for any and all claims resulting from the content. Wondergat.co.za has the right but not the obligation to monitor and edit or remove any content. Wondergat.co.za takes no responsibility and assumes no liability for any content posted by you or any third party.
The statements and opinions expressed in any reviews, comments, photos, videos, or other content posted or submitted by you or others are those of the authors and do not necessarily reflect the opinions of Wondergat.co.za. Wondergat.co.za is not and cannot be responsible for content posted by or submitted by you or others, nor for the claims or promises of any resources listed anywhere on Wondergat.co.za, and will not be liable for any damages — whether direct, indirect, special, general, consequential, for alleged lost profits, or otherwise — that might result from any use of or reliance on such materials.
ALL INFORMATION, CONTENT, MATERIALS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THORUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WONDERGAT.CO.ZA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE INFORMATION INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, WONDERGAT.CO.ZA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. WONDERGAT.CO.ZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
By using Wondergat.co.za, you agree to defend, indemnify and hold harmless Wondergat.co.za, its affiliates and its respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees and costs, arising out of the use by you of Wondergat.co.za and any information incurred on or related to Wondergat.co.za.
By using Wondergat.co.za, you agree that the laws of South Africa, without regard to principles of conflicts of laws, will govern the terms and conditions set forth herein, as well as any dispute of any sort that might arise between you and Wondergat.co.za. You further agree to submit all disputes arising out of or in connection with these terms and conditions or your use of Wondergat.co.za, or any other dispute of any sort that might arise between you and Wondergat.co.za, to the exclusive jurisdiction of the provincial and national courts of the Republic of South Africa
Copyright Notice & Copyright Complaints
All text and photographs on this web site are copyrighted by Wondergat.co.za unless otherwise noted. The non-commercial viewing of information on the Wondergat.co.za web site is free. However, no commercial use of this information (text or photographs) is allowed, nor can such be reproduced, redistributed, retransmitted, mirrored or otherwise disseminated without prior written approval of Wondergat.co.za. Any non-commercial use of this information (text or photographs) must be accompanied by an appropriate credit to Wondergat.co.za. per item displayed.
Wondergat.co.za respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information to Wondergat.co.za’s Copyright Agent at copyright@Wondergat.co.za:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material claimed to be infringing is located on Wondergat.co.za, including the URL;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Wondergat.co.za’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
+27 (0)82 944 0763
We will respond as quickly as possible to legitimate uses of the above procedure. However, the above procedure is to be used exclusively for notifying Wondergat.co.za of claims of copyright infringement on Wondergat.co.za. Any other uses of the above procedure may be disregarded.
As one of our friends once said:
Don’t be an idiot in the park.
It’s your responsibility to be safe when diving. Don’t trust us or rely on Wondergat.co.za. We aren’t your babysitter and cannot be held responsible for you doing anything or not doing anything. If you get yourself or others hurt or killed, or you lose money, it’s your own fault.