By signing up for the DimaniyatDiving.com service or any of the services of DimaniyatDiving.com Inc. You are agreeing to be bound by the following terms and conditions. The Services offered by DimaniyatDiving.com under the Terms of Service include various products and services to help you create and manage a retail store, whether an online store, a physical retail store (POS Services), or both. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. DimaniyatDiving.com reserves the right to update and change the Terms of Service by posting updates and changes to the DimaniyatDiving.com website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using DimaniyatDiving.com or any DimaniyatDiving.com services, you are agreeing to these terms. Be sure to occasionally check back for updates.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a DimaniyatDiving.com account by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. DimaniyatDiving.com may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that DimaniyatDiving.com will use the email address you provide as the primary method for communication.
You are responsible for keeping your password secure. DimaniyatDiving.com cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your DimaniyatDiving.com Account (Store Content). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any term in the Terms of Service as determined in the sole discretion of DimaniyatDiving.com will result in an immediate termination of your services.
Don’t use DimaniyatDiving.com for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
Subject to section 2.2, the person signing up for the Service will be the contracting party (Account Owner) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Upon completion of sign up for the Service, DimaniyatDiving.com will create a PayPal Express Checkout account on your behalf, using your email address. Depending on your location, DimaniyatDiving.com may also create a DimaniyatDiving.com Payments account on your behalf.
You acknowledge that PayPal Express Checkout and/or DimaniyatDiving.com Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them.
Upon purchasing a domain name through DimaniyatDiving.com, domain registration will be preset to automatically renew each year so long as your DimaniyatDiving.com Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.
The person signing up for the DimaniyatDiving.com Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.
Any domain you purchase through us will automatically renew unless you opt out.
Technical support is only provided to paying Account holders and is only available via email.
The Terms of Service shall be governed by and interpreted in accordance with the laws applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
You acknowledge and agree that DimaniyatDiving.com may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on DimaniyatDiving.com’s website, and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to DimaniyatDiving.com’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
You may not use the DimaniyatDiving.com service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by DimaniyatDiving.com.
You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use DimaniyatDiving.com or DimaniyatDiving.com trademarks and/or variations and misspellings thereof
Questions about the Terms of Service should be sent to support@DimaniyatDiving.com.com.
You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
The DimaniyatDiving.com service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
We reserve the right to modify or terminate the Service for any reason, without notice at any time.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any DimaniyatDiving.com customer, DimaniyatDiving.com employee, member, or officer will result in immediate Account termination.
DimaniyatDiving.com does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that DimaniyatDiving.com employees and contractors may also be DimaniyatDiving.com customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
DimaniyatDiving.com retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, DimaniyatDiving.com reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a DimaniyatDiving.com account, we can freeze the account or transfer it to the rightful owner.
Limitation of Liability
You expressly understand and agree that DimaniyatDiving.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
In no event shall DimaniyatDiving.com or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, DimaniyatDiving.com partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
DimaniyatDiving.com does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
DimaniyatDiving.com does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
DimaniyatDiving.com does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
Waiver and Complete Agreement
The failure of DimaniyatDiving.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and DimaniyatDiving.com and govern your use of the Service, superseding any prior agreements between you and DimaniyatDiving.com (including, but not limited to, any prior versions of the Terms of Service).
If DimaniyatDiving.com chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and DimaniyatDiving.com don’t apply if they conflict with these terms.
Intellectual Property and Customer Content
We do not claim any intellectual property rights over the material you provide to the DimaniyatDiving.com service. All material you upload remains yours. You can remove your DimaniyatDiving.com store at any time by deleting your Account.
By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow DimaniyatDiving.com to display and store your Store Content; and (c) that DimaniyatDiving.com can, at any time, review all the Store Content submitted by you to its Service.
You retain ownership over all Store Content that you upload to a DimaniyatDiving.com store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
You retain ownership over all content that you submit to a DimaniyatDiving.com store however, by making your store public, you agree to allow others to view your content.
We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Anything you upload remains yours and your responsibility.
In addition to the terms applicable to Services generally, the following terms apply to your access and use of the POS Services. The POS Services include the DimaniyatDiving.com POS software (“POS Software”), the DimaniyatDiving.com POS website, programs, documentation, apps, tools, internet-based services and components, DimaniyatDiving.com’s POS hardware (POS Equipment) and any updates thereto provided to you by DimaniyatDiving.com.
Access to and use of the POS Services requires that you have an active and valid Account.
If your POS Services are enabled with DimaniyatDiving.com Payments, you cannot concurrently use any other payment processing service. The payment gateway used for your POS Services must the same as that used for your Online Services, if applicable.
You can terminate your POS Services without terminating your Account or any other Services you subscribe to, and in such case, you will continue to be billed, and will pay for, the Services (other than the terminated POS Services).
You agree to use the POS Services in accordance with all procedures that may be provided by DimaniyatDiving.com from time to time.
While the POS Services use encryption technology and the law generally prohibits third parties from monitoring transmission, we cannot guarantee security with respect to the connection to the POS Services, and we will not be liable for any unauthorized access to or use of data transmitted via the POS Services.
POS Equipment is purchased, and not leased. Purchase of the POS Equipment is subject to the POS Equipment Agreement, upon payment for and acceptance of delivery of the POS Equipment, you will acquire ownership and title to the hardware components of the POS Equipment, and you will be licensed to access and use all POS Software installed in the POS Equipment (and any updates thereto), on a limited, non-exclusive, revocable, non-sub licensable, non-transferable basis, solely for the purposes of using the POS Services. POS Equipment is subject to our Return Policy, returns and refunds are not available for physical gift cards purchased from the DimaniyatDiving.com Hardware Store.
The fees for POS Services shall be determined based on the number of locations using the POS Services. Locations are defined by business address and are used for associating orders with a specific business address. Locations are added through the DimaniyatDiving.com web administrative console. The number of locations using POS Services will also be detected by us and billed accordingly as part of your regular Billing Cycle. In the event of any discrepancy between the number of locations added by you through the DimaniyatDiving.com web administrative console and the number of locations detected by DimaniyatDiving.com, the number of locations detected by DimaniyatDiving.com shall be deemed to be correct.
If you use our POS Services, you must use the same payment processor that you use for the Online Services.
You can cancel your POS Services at any time and still keep your Online Services active.
We take data security very seriously, but we can’t guarantee that all transmissions using the POS Equipment are 100% secure. All transactions transmitted using the POS Equipment are at your own risk.
Remember that the POS equipment is purchased, not leased. Our POS Equipment return policy applies to all POS equipment, except physical gift cards.
You may establish the appearance of your DimaniyatDiving.com store with a design template from DimaniyatDiving.com’s Theme StoreIf you download a Theme, you are licensed to use it for a single store only. You are free to transfer a Theme to a second one of your own stores if you close your first store. You are not permitted to transfer or sell a Theme to any other person’s store on DimaniyatDiving.com or elsewhere. Multiple stores require multiple downloads and each download is subject to the applicable fee. DimaniyatDiving.com gives no assurance that a particular Theme will remain available for additional downloads.
You may modify the Theme to suit your store. DimaniyatDiving.com may add or modify the footer that refers to DimaniyatDiving.com at its discretion. DimaniyatDiving.com may modify the Theme where it contains, in our sole discretion, an element that may be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any person’s intellectual property, even if you received the Theme in that condition. DimaniyatDiving.com may modify the Theme to reflect technical changes and updates as required.
The intellectual property rights of the Theme remain the property of the designer. If you exceed the rights granted by your purchase of a Theme, the designer may take legal action against you, and DimaniyatDiving.com may take administrative action such as modifying your store or closing your store.
Technical support for a Theme is the responsibility of the designer, and DimaniyatDiving.com accepts no responsibility to provide such support. DimaniyatDiving.com may be able to help you contact the designer.
It is the responsibility of the user, and not DimaniyatDiving.com, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.
You can purchase our Themes to use for one store at a time. Feel free to modify our Theme, but respect that the designers own their Themes, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.
DimaniyatDiving.com Experts is an online directory of independent third parties that can help you build and operate your DimaniyatDiving.com store. DimaniyatDiving.com does not employ Experts and is in no way affiliated with Experts.
DimaniyatDiving.com does not endorse Experts and takes no responsibility for any work performed by Experts or failure to fulfill a work order. Links to websites of Experts, announcements about services or offers, and responses to email inquiries regarding Experts, are provided solely for informational purposes at the discretion of DimaniyatDiving.com and shall not be construed or imply permission, or an affiliation, position regarding any issue in controversy, authentication, appraisal, sponsorship, nor a recommendation or endorsement of any website, product, service, activity, business, organization, or person, and any offers, products, services, statements, opinions, content or information on any linked third-party website.
Under no circumstances shall DimaniyatDiving.com be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages that result from any contractual relationship between you and DimaniyatDiving.com experts. These limitations shall apply even if DimaniyatDiving.com has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.
Experts are not employees of DimaniyatDiving.com and we are not responsible for them.
Payment of Fees
A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your DimaniyatDiving.com administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of DimaniyatDiving.com’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of DimaniyatDiving.com’s products and services, including without limitation, your subscription to or purchase of DimaniyatDiving.com’s Online Services, POS Services, POS Equipment, apps, Themes and domains. Any applicable Taxes are based on the rates applicable to the U.S. billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
Cancellation and Termination
You may cancel your Account at anytime by emailing support@DimaniyatDiving.com.comand then following the specific instructions indicated to you in DimaniyatDiving.com’s response.
Upon termination of the Services by either party for any reason:
DimaniyatDiving.com will cease providing you with the Services and you will no longer be able to access your Account;
unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
any outstanding balance owed to DimaniyatDiving.com for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
Your store website will be taken offline.
If you purchased a domain name through DimaniyatDiving.com, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
We reserve the right to modify or terminate the DimaniyatDiving.com Service or your account for any reason, without notice at any time.
Fraud: Without limiting any other remedies, DimaniyatDiving.com may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, emailsupport@DimaniyatDiving.com.com. DimaniyatDiving.com will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through DimaniyatDiving.com will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
Modifications to the Service and Prices
Prices for using the Services are subject to change upon 30 days notice from DimaniyatDiving.com. Such notice may be provided at any time by posting the changes to the DimaniyatDiving.com Site (DimaniyatDiving.com.com/shop) or the administration menu of your DimaniyatDiving.com store via an announcement.
DimaniyatDiving.com reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
DimaniyatDiving.com shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
DimaniyatDiving.com may provide you with access to third party tools over which DimaniyatDiving.com neither monitors nor has any control or input.
You acknowledge and agree that DimaniyatDiving.com provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. DimaniyatDiving.com shall have no liability whatsoever arising from or relating to your use of optional third party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
DimaniyatDiving.com strongly recommends that merchants seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates merchants should charge end users.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
DMCA Notice and Takedown Procedure
DimaniyatDiving.com supports the protection of intellectual property and asks DimaniyatDiving.com merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to DimaniyatDiving.com’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure
DimaniyatDiving.com respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
If you believe one of our merchants is infringing your intellectual property rights, you can send DimaniyatDiving.com a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.