Terms of Service

Effective date: April 15, 2023

Please read these Terms of Service ("Terms") carefully before using the Tidal Zone website ("Website") or purchasing our underwater scooters. By accessing and using our Website or services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our Website or services.

1. Eligibility

By using our Website or purchasing our underwater scooters, you represent and warrant that you are at least 18 years of age or older and are fully able and competent to enter into, and abide by, these Terms.

2. Purchases

When you place an order on our Website, you agree to pay the total amount specified at the time of purchase, including any taxes, shipping, or other fees. You are responsible for providing accurate and up-to-date payment information. We reserve the right to cancel any orders that fail to process due to inaccurate payment information.

3. Returns and refunds

The quality of Dive Xtras underwater scooters is clearly evidenced by the community’s enthusiasm for their products over many years. Due to the quality of the product and the breadth of information about the product, returns and refunds are not usually entertained. You need to make your own informed decision about your purchase. Warranty is offered in accordance with Dive Xtras warranties.

4. Shipping and Delivery

We strive to deliver your order in a timely manner. However, we cannot guarantee specific delivery dates or times due to factors outside of our control, such as shipping carrier delays or adverse weather conditions. We are not responsible for any loss or damage resulting from shipping delays or non-delivery of your order.

5. Intellectual Property

All content on our Website, including text, graphics, logos, images, and software, is the property of Tidal Zone or its content suppliers and is protected by international copyright and other intellectual property laws. Unauthorized use or distribution of any content on our Website is prohibited.

6. Limitation of Liability

In no event shall Tidal Zone, its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, goodwill, use, data, or other intangible losses, resulting from your access to or use of our Website or services, even if we have been advised of the possibility of such damages.

7 Indemnification

You agree to indemnify, defend, and hold harmless Tidal Zone, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your access to or use of our Website or services, your violation of these Terms, or your infringement of any intellectual property or other right of any person or entity.

8. Modifications to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of our Website or services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

8. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts located in New Zealand.