Dive Pacific Terms & Conditions

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1) Acceptance of terms

1. These terms apply to all purchases of a Digital Subscription. By purchasing a Digital Subscription, you accept these terms.
   
2. By purchasing any Services from NZUA Publishing Limited, you acknowledge that you understand and agree with these terms and conditions (Terms) which apply to any services you purchase online from NZUA Publishing Limited (NZUA, we, us, our) or those made in person, by phone, email or by any other means of communication.
   
3. You also agree that we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
   

‍2) Definitions‍     Digital Subscription means:  

1. Dive Pacific Annual Membership - $72 per annum, and includes:
   1. Associate Membership of the NZ Underwater Association;
      
   2. 12-months premium access to all member's-only content in digital;
      
   3. The Dive Pacific printed Christmas issue posted to your door;
      
   4. Ability to create, manage and post your own content;
      
   5. Personalised dashboard with optional public profile page;
      
   6. Vital contribution to the NZUA's work on safety, environmental lobbying and participation growth;
      
   7. Newsletter notifications of coming dive industry deals, promotions and top trending content. Unsubscribe at any time.
      
2. Dive Pacific Monthly Membership - $8 per month, and includes:
   1. A flexible option for those keen to explore full access to the Dive Pacific platform.
      
   2. One-month premium access to all member's-only content in digital
      
   3. Ability to create, manage and post your own content
      
   4. Personalised dashboard with optional public profile page
      
   5. Vital contribution to the NZUA's work on safety, environmental lobbying and participation growth
      
   6. Newsletter notifications of coming dive industry deals, promotions and top trending content. Unsubscribe at any time.
      
3. Dive Pacific Limited Subscriber - $0, and includes:
   1. Stay connected to the community and in the loop for news and promotions
      
   2. Online access to free content plus newsletter notifications of coming dive industry deals, promotions and top trending content. Unsubscribe at any time
      
   3. Ability to create, manage and post your own content
      
   4. Personalised dashboard with optional promotion profile page.
      
4. Inappropriate Material includes but is not limited to:
   1. material which is or may be sensitive to topics such as age, gender, race;
      
   2. material which encourages slander, hate, or defamation;
      
   3. inappropriate political material; and
      
   4. any other material or content considered inappropriate by the publisher in their absolute discretion.
      

‍3) Use‍

1. All Digital Subscriptions and content accessed through your Digital Subscription are for personal use and cannot be used for any commercial purpose. You may not on-sell Digital Subscriptions or content to any third party. No content may be reproduced, published or transmitted without our prior written consent.
   

‍4) Digital Services ‍

1. Final products delivered differ by the Digital Subscription purchased by the customer as outlined above. Billing is done monthly or annually periodically and is automatic unless the account is cancelled by the user.
   

‍5) Cost and Pricing ‍

1. The price and any specific terms relating to your Digital Subscription will be confirmed to you when you subscribe. You can also find the specific details relating to your Digital Subscription, including the price and date of your next scheduled payment, by visiting your account details page on https://divepacific.co.nz/membership. The price is in NZ dollars and includes GST. International Digital Subscriptions do not attract GST.
   

‍6) Payment‍

1. Digital Subscriptions are pre-paid. We will deduct the price of your Digital Subscription at the time you purchase your Digital Subscription (or if you have signed-up for a free-trial, at the end of the free-trial period) using the credit card details you have provided, and then automatically at the beginning of each subscription period until your Digital Subscription is cancelled or terminated.
   
2. It is your responsibility to provide valid credit card details and an email address, and to ensure those details are kept up to date at all times. If your credit card expires, we will continue to charge you using the credit card account details you provided at the time you purchased your Digital Subscription. You authorise us to deduct the price of your Digital Subscription from your credit card account even if your credit card expires during any subscription period.
   
3. If we are unable to contact you or deduct the price of your Digital Subscription we will retry for a minimum period of 14 days, after which time your Digital Subscription may be cancelled at our discretion. We reserve the right to change the timing of our billing, particularly if your method of payment fails at any time.
   

‍7) Changes to pricing‍

1. We can change the price of any Digital Subscription packages and the amount that you pay (to be effective at the start of your next subscription period) at any time as long as we notify you.
   
2. Once we notify you of a change in the price, you will have the opportunity to cancel your Digital Subscription (to be effective at the end of the then current subscription period). If you don’t cancel, you will be charged the new price at the beginning of your next subscription period.
   

8) Special offers on Digital Subscriptions‍

1. From time to time, we may offer different Digital Subscription and special promotions. We reserve the right to change and/or withdraw any offered Digital Subscription or special promotion at any time.
   

‍9) Personal Information and Communication‍

1. You are responsible for any errors in contact information and order and payment details that you provide to us.
   
2. You can You can update your credit card details or make changes to your information by logging in and visiting your personal dashboard. Look for the Manage account button on this link - https://divepacific.co.nz/dashboard/
   

‍10) Privacy ‍

1. By purchasing a subscription, you agree to our Privacy Policy.
   
2. You agree that we can ask for any information about you in accordance with the Privacy Act and our Privacy Policy. To find out more, you can see our Privacy Policy on our website. We can change our Privacy Policy from time to time. You agree to check the Privacy Policy regularly and to let us know if you object to any use or disclosure.
   

‍11) Communication and Notices ‍

1. You can manage communications from us at any time by visiting your account details page on https://divepacific.co.nz/dashboard/. We can communicate with you, and give you notice in writing to the most recent email on your account. You can communicate with us, and give us notice, by calling +64 9 623 3252 or emailing us.
   

‍12) Changes to this agreement‍

1. We can change these terms at any time by providing at least 14 days’ notice to you. We can make changes to the content, inclusions, features and structure of any Digital Subscription package at any time. We can change the price of your Digital Subscription in accordance with these terms.
   
2. We can terminate or suspend your Digital Subscription at any time and for any reason (including if you fail to pay the subscription fee, if we suffer technical difficulties, or for security reasons). If we terminate your Digital Subscription, you might receive a pro-rata refund or credit (at our discretion) of any subscription fees paid in advance, unless we have terminated your Digital Subscription because you have breached these terms.
   

‍13) Liability‍

1. To the extent permitted by law, we are not liable to you for any loss or damage incurred by you in connection with your Digital Subscription, whether direct, consequential, special, indirect or other loss or damage.
   
2. In any case, our maximum liability to you is limited to the value of subscription fees paid by you within the 3 months preceding any loss or damage incurred by you in connection with your Digital Subscription.
   

‍14) Auto-renewal and cancellation‍

1. Your Digital Subscription will automatically renew at the end of the applicable subscription period for a further period of the same length, and will continue to renew at the end of each additional subscription period, until cancelled or terminated. You must cancel your Digital Subscription before it renews to avoid paying for future subscription periods. Digital Subscriptions cannot be paused or suspended.
   
2. You can cancel your Digital Subscription at any time by following the instructions on your account details page on https://divepacific.co.nz/dashboard/.
   
3. Cancellation will take effect at the end of your current subscription period. You will not receive a refund for any unused portion of your current subscription period. Your Digital Subscription will continue until the end of your current subscription period.
   
4. Notwithstanding the above, if you fail to cancel your annual Digital Subscription before its renewal date, but you call us on +64 9 623 3252  within 30 days of renewal to cancel your Digital Subscription, your Digital Subscription will be cancelled and you will receive a full refund for the renewal term.
   

‍15) Intellectual Property‍

1. The materials displayed on this website, including without limitation all editorial materials, informational text, photographs, illustrations, artwork and other graphic material, names, logos, trade marks and other marks, are the property of us or our licensors and are protected by copyright, trademark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use. You agree not to adapt, store, display, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without our express prior written consent.
   
2. Nothing contained herein shall be construed as conferring by implication or otherwise any licence or right under any patent, trademark, copyright or any other intellectual property right owned by us or any third party, to any such information, data, products or services.
   

‍16) Use of data‍

1. NZUA requires client information to deliver both its digital services such as email login and supplied physical addresses to deliver physical goods such as magazines and any other purchased physical goods.
   
2. Users may be required to verify their physical address for operational purposes including voting at the NZ Underwater Association AGM – restricted to Dive Pacific Annual Members who can prove New Zealand residential status.
   
3. Digital data required to facilitate digital services are housed by the third-party products NZUA uses to service various aspects of the business - webhosting, backend data management and email / newsletter delivery. These services can vary periodically for various operational needs and improvements to the delivery of the products.
   
4. User passwords cannot currently be accessed by NZUA. Access to general user data is currently restricted to the Dive Pacific administrator and the NZUA Executive Officer, except in cases where a user directly contacts another member of the team by email or phone. Even in those cases no backend access is provided to the team member.
   

‍17) Self-Publishing via the portal‍

1. The Dive Pacific platform provides users with the ability to self-publish content to the Dive Pacific platform, however currently all content is reviewed by a team member and no guarantee is made to publish the submitted content.
   
2. We review the right to edit or reject the content.  User accounts can be removed for breach of these terms and conditions, such as for Inappropriate Material.
   

‍18) Public Profile‍

1. The Dive Pacific platform provides users with the ability to create and publish an Author Profile for the purposes of raising the profile of user and promoting the user’s commercial interests.
   
2. Control of the profile’s public visibility is in control of the user.
   
3. We reserve the right to remove the public profile without discussion, including but not limited to the posting and interaction with Inappropriate Material. Where the public profile is involved in Inappropriate Material, the material may also be removed.
   

‍19) Reliability of service‍

1. NZUA endeavours to deliver its service to the highest standards realistically achievable by its resources and the technology of the platforms utilised.
   
2. Downtime will be minimised, but expected for upgrades and other factors out of the control of NZUA.
   
3. Users are encouraged to report errors, bugs, and suggested improvements via the contact links available. NZUA will endeavour to address any issues in a timely manner.