Terms of Use

Last Updated: Dec 28th , 2021

AGREEMENT BETWEEN YOU AND DIVINGEXCHANGE.COM
This Web site is offered to you by DIVINGEXCHANGE.COM (“DIVINGEXCHANGE.COM”, “we”, “us”, or “our”). Your use of this Website and/or your acceptance without changes in the terms, conditions and clauses published on this Website (the “Terms”) constitutes your agreement to all such Terms.
IF YOU DO NOT AGREE WITH THESE TERMS, THEN YOU ARE NOT ALLOWED TO USE THIS WEBSITE.
BY CLICKING THE “I ACCEPT” BUTTON, AND FINISHING THE REGISTRATION AND THEN CLICKING THE “PROCEED” BUTTON ON, OR, WHERE YOU HAVE PREVIOUSLY REGISTERED, BY LOGGING INTO THIS WEBSITE, YOU ARE AGREEING THAT YOU ARE A CURRENT MEMBER OF DIVINGEXCHANGE.COM, AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.

These TERMS AND CONDITIONS apply to your use of, and to all Internet traffic while visiting this Web site. DIVINGEXCHANGE.COM reserves the right at its own choice, to modify, alter and update these T&C at any time. Such changes, alterations or updates shall be effective instantly upon posting by us. By using this Website after DIVINGEXCHANGE.COM has posted notice of such changes and modifications, you agree to be bound by such revised T&C.
The Website may link to many other websites that may or may not be a part of this website and/or with DIVINGEXCHANGE.COM, and that may have their own T&C and notices of use that differ from , or contain clauses and notices in addition to, the T&C specified on this Website. Your usage of such websites through the links provided is governed by the T&C, clauses and policies of use of those specific websites.
The sending of any such information does not mean any on-line activity or transaction has been allowed or rejected, but merely shows that a exchange has been started. All on-line activities and exchanges/transactions are subject to written approval. Moreover, the quality of service available on this Website may vary, and this Website may experience outages and be inaccessible or “down” for some time. DIVINGEXCHANGE.COM reserves the right to bring down, suspend or discontinue this Website,completely,or in part, for commercial, personal, or technical reasons.

If deadlines are specified in business days these include all days except FRIDAYS and SATURDAYS and public holidays in UAE .
As part of your registration as a member at DivingExchange.com you are asked for the transmission of personal data. You are solely responsible to make sure that your data is accurate and complete. After having completed the registration, you will receive a confirmation of your registration via email. You will receive access to the online holiday offer at DivingExchange.com using login credentials and password. You are solely responsible for keeping this password safe and any other login details confidential and to protect your account from unauthorized access. DivingExchange reserves the right to refuse any registration without giving any reasons. .
You are prohibited from using DivingExchange.com in any other way than within the anticipated scope, especially to violate or manipulate technical processes. Any interventions with the intention to damage DivingExchange.com or other members will result in the sudden loss of your membership. We reserve the right to take legal measures against any unlawful acctivity
You shall only be entitled to register with and operate one user account at any time. Multiple registrations will be deleted from DivingExchange.com

DivingExchange.com is an agent and on behalf of the provider upon completion of contracts for holidays, diving packages or diving activities. The provider (business) is legally responsible for the provision of the offer (e.g. accommodation, liveaboard). As a portal we are not responsible for the providing this offer. Thus, the booking via our website results in an agent contract between you and the DivingExchange.com
The contractual liability of the agent for holidays, liveaboards and diving activities and diving packages lies in the implementation of the agent contract according to the buyer’s order as well as the completion of holiday bookings, if the provider does not directly send them to the buyer Contracts for holidays, liveaboards, diving activities or diving package are concluded between you and the respective provider through the confirmation of your booking at our website www.DivingExchange.com. The provider is legally responsible for the provision of the deal. As an agent we are not party in the contract relating to the holiday taken, which you have booked via our platform. Consequently, we are not legally responsible for the provision of the offer, which will be organized by another provider. All rights and obligations under the contract shall be directly and solely between you or another business on whose behalf you confirm the booking, and the provider of the offer. By confirming your holiday booking you are agreeing to and complying with the T&C of the provider. If necessary, we will let you know about the applicable terms and conditions of the provider.
The seller will have their own T&C that apply to your holiday booking. All bookings via our portal are subject to the terms of the corresponding provider and in the case of a booking you agree to comply with these terms. Should be any differences between our T&C and the terms of a provider, the terms and conditions of the provider take precedence against the conditions in this document and shall apply with priority. If you use our holiday exchange services (including all types of holidays), you accept the T&C of a provider. If we confirm your holiday booking, two separate contracts are entered into : the portal contract between you and us and the contract between you and the seller.
The agent is entitled to demand a deposit relevant for the travel or payment conditions of the represented provider, insofar as these payments have been effectively agreed on and contained legally effective prepayment conditions.
In order to confirm bookings of holidays, diving packages or diving activities a deposit up to 40 % of the price may be required (either using DiveDollar Credit or by paying using Credit card or Paypal. The deposit will be subtracted from the total price of the holiday. The remaining payment is due within 14 days. If we do not receive the complete payment within 14 days, we reserve the right to cancel your bookings of holidays, liveaboards, diving packages and activities. The deposit is non-refundable. Some sellers may offer flexible bookings, in which case there is a possibility to agree to amend the booking to a different date, subject to availability at the supplier’s end.

Errors in pricing: In certain situations an error may occur leading to a wrong price calculation during your holiday booking process. If we have made ​​a genuine mistake (due to data entry, human, technical or other reasons), we reserve the right to offer you an option between re-booking at the right price or full refund.
Additional services: You might be able to purchase additional services to your holiday, liveaboard, diving package or diving activity. These additional services (e.g. extra meals, equipment, nitrox, additional dives etc). If you have not purchased these additional services at the booking stage, you are solely responsible for the payment to the provider, who is in charge of providing these additional services. DivingExchange assumes no liability or responsibility for the provision, performance or consumption or other regarding any additional services.
Refunds: If you receive a (whether total or partial) refund, it will be credited the equivalent amount to your original payment method. (e.g. DiveDollars)
Currency: You can choose two different currencies at our website – USD and Euro. The exchange rate on the site for the offer is purely for information. DivingExchange does not guarantee the correct exchange rate and is not responsible in the case currency fluctuations. You should check the veracity of the exchange rate personally through sites like xe.com.
Immigration and passport requirements: A valid passport (at least for six months after the end of the holiday) is required for most bookings. For the fulfillment of specific passport and visa requirements and other immigration requirements for certain countries, it is solely your responsibility. You should confirm the immigration requirements before your departure from the respective embassies and / or consulates. We have no responsibility, if you cannot make your trip, due to not having met the travel requirements for your passport, visa or immigration/customs regulations, or if you cannot provide proof of your medical record (e.g. immunization passport or vaccination report). For EU citizens, who are traveling within the union, a valid identity card is enough.
Withdrawal terms: There is no right of withdrawal for the purchase of holidays, liveaboards, diving activities and diving trips. A cancellation is possible in certain cases. If you wish to cancel your booking of your holiday, liveaboard, diving activities or diving packages, the cancellation terms of our business partners apply. Further, that, if your cancellation is based on issues for which you are responsible or that you have initiated deliberately, we reserve the right to retain the booking amount to cover costs.
Changes in booking: Changes apart from change in the name are not allowed. There could be rare cases where a change of date is allowed by the provider – at their sole discretion.
Name changes in your booking (e.g. due to a resale) can be made ​​only if you contact us via email or Live Chat. Name changes are approved at our discretion.
Liability : DivingExchange.com assumes no liability to our customers for the services provided by one of the business partne. The respective partner acts in its own name and for its own account when providing the offers described on our site. We are not liable to the customer for the breach of duty of the partner.
DivingExchange is only liable for intent and gross negligence, unless it concerns fraudulently concealed damages, damages resulting from injury to life, body or health, or damages arising from the violation of essential contractual obligations. If only a small fault applies for these issues, our liability is restricted to the value of the contract-typical, minimal damage. The claused of the Product Liability and the liability for guarantees remain unchanged. The same applies to breaches of DivingExchange agents.

PRIVACY POLICY
Click here for our privacy policy.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
This Web site is owned, controlled and operated by DIVINGEXCHANGE.COM, Copyright© 2021 DIVINGEXCHANGE.COM. All rights reserved.
All content on this Web site, including, but not limited to text, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by UAE and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by DIVINGEXCHANGE.COM, or its affiliated or related entities, associates or partners; or by any third party content providers, merchants, sponsors and licensors (collectively, “Providers”) that have licensed their content or the right to market their products and/or services to DIVINGEXCHANGE.COM.
Content on this Website or any website owned, operated, controlled by DIVINGEXCHANGE.COM’s business associates or partners, or Providers is solely for your personal consumption. You may print a copy of these T&C, but you may not plagarise, reproduce, reformat, upload, share, transmit, distribute and/or use the content or information in any way without the prior written consent of DIVINGEXCHANGE.COM, its affiliated or related entities, associates or business partners, or Providers.
Without the prior written approval of DIVINGEXCHANGE.COM,
its affiliated or related entities, business associates or partners, or Providers, your altering of the content, usage of the content on any other website or use of the content for any purpose other than personal, non-commercial use, violates the rights of owners of DIVINGEXCHANGE.COM’s, its affiliated or related entities’, associates’ or business partners’, or Providers’ copyrights, trademarks and other proprietary rights and is not allowed. As a pre-requisite condition to use this Website, you agree with DIVINGEXCHANGE.COM that you will not use this Website for any purpose that is illegal, unlawful or prohibited by these T&C, including (but not limited to) posting or sending of any threatening, defamatory, illegal , scandalous, racial, sexual, pornographic material.
Given the unique nature of the Internet and the need to secure DIVINGEXCHANGE.COM systems and proprietary technology, DIVINGEXCHANGE.COM reserves the right in its sole, absolute and unchallenged discretion at any time to stop/restrict or prevent access to this Website for any user for any reason, and especially prevent users who show illegal or improper use of this Website or who violate these T&Cs – this immediately terminates your usage without any notice.
You are not allowed to use on your website any trademarks, or proprietary materials appearing here, including but not limited to any brand logos or graphics without the written consent of the owner of those copyright material.

DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEB SITE IS PROVIDED “AS IS” AND “AS FOUND” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES, WHICH UNDER UAE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, CHANGES OR MODIFICATION, DIVINGEXCHANGE.COM, ITS AFFILIATED OR RELATED ENTITIES, BUSINESS ASSOCIATES, OR BUSINESS PARTNERS, AND PROVIDERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES , SATISFACTORY HOLIDAY QUALITY, FIT FOR A PARTICULAR CHOICE. NEITHER DIVINGEXCHANGE.COM, ITS AFFILIATED OR RELATED ENTITIES,BUSINESS ASSOCIATES OR PARTNERS, NOR SERVICEPROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATING, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, GUARANTEES THAT THE FUNCTIONALITY, FEATURES CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, 100% ACCURATE OR ERROR-FREE, THAT ERRORS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT ON THIS WEBSITE IS PURELY FOR YOUR CONVENIENCE, USAGE, INFORMATION AND TRANSACTIONAL CAPACITY ONLY.
DIVINGEXCHANGE.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OF ANY CONTENT, DATA, SERVICE ACQUIRED FROM YOUR USE OF THIS WEBSITE. WE STRIVE TO MAKE SURE THAT THE CONTENT THAT YOU GET ON THIS WEBSITE AT ANYTIME IS ACCURATE TO THE BEST OF OUR KNOWLEDGE. HOWEVER, THE CONTENT MAY INCLUDE BE ERRONEOUS AND CONTAIN TYPOS AND SOME OMISSIONS. WE WILL DO OUR BEST TO CORRECT ERRORS AND OMISSIONS AS QUICKLY AS PRACTICABLE AFTER
BEING NOTIFIED OF THEM. CHANGES ARE PERIODICALLY MADE TO THE CONTENT THAT YOU ACCESS ON THIS WEB SITE WITH ADDITIONS, DELETIONS AND AMENDMENTS OCCURRING THERETO AND IMPROVEMENTS AND/OR CHANGES MAY BE MADE TO THE FUNCTIONALITY, DESIGN OR LAYOUT OF THIS WEB SITE.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. YOU (AND NOT DIVINGEXCHANGE.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM. YOU EXPRESSLY AGREE THAT NEITHER DIVINGEXCHANGE.COM,ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, NOR PROVIDERS, NOR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE, EXCEPT IN RELATION TO LIABILITY, LOSS AND DAMAGE FOR DEATH OR PERSONAL INJURY FOR WHICH NO LIMIT APPLIES. BY WAY OF EXAMPLE AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DIVINGEXCHANGE.COM, ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, AND PROVIDERS SHALL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE ARISING OUT OF OR RESULTING FROM FAILURE OF PERFORMANCE OF THIS WEB SITE, ERROR, OMISSION, INTERRUPTION, DELETION, FREEZING, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS/BOT, THEFT, DESTRUCTION, UNAUTHORISED ACCESS TO OR ALTERATION OF PERSONAL DATA, OR OTHER MATERIAL APPEARING ON THIS WEB SITE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DIVINGEXCHANGE.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
DIVINGEXCHANGE.COM, ITS AFFILIATED OR RELATED ENTITIES, ASSOCIATES OR PARTNERS, AND PROVIDERS SHALL BE LIABLE FOR DIRECT LOSS ARISING OUT OF OR RESULTING FROM THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT IABILITY OR OTHERWISE, UP TO A MAXIMUM OF THE TOTAL VALUE OF THE TRANSACTION UNDER WHICH THE CLAIM ARISES FOR ANY ONE EVENT OR SERIES OF CONNECTED EVENTS.
THIS LIABILITY APPLIES ONLY AND UPTO THE HIGHEST EXTENT ALLOWED BY LAW.
THIS DOES NOT IMPACT YOUR STATUTORY RIGHTS AS A USER OR CONSUMER.

DIVINGEXCHANGE.COM DOES NOT OWN ANY OF THE RESORTS/LIVEABOARDS/DIVE CENTERS LISTED ON THIS SITE AND IS NOT RESPONSIBLE FOR SERVICE/GOODS SEEN AS INFERIOR TO WHAT IS ADVERTISED – IT IS THE BUYER’S RESPONSIBILITY TO CROSS CHECK ALL FACTS AND THEN MAKE THE EXCHANGE

IN CASE OF A DISPUTE, THE SETTLEMENT IS BETWEEN THE BUYER AND SELLER ONLY AND DIVINGEXCHANGE.COM WILL JUST HAVE THE ROLE OF A FACILITATOR WITHOUT ANY MONETORY, OR ANY OTHER LIABILITIES AGAINST THEM.

ALL UNSETTLED DISPUTES WILL BE DEALT WITH BY THE BUYER AND SELLER IN WHICHEVER COURTS AS SPECIFIED IN THE T&C SPECIFIED BY THE SELLER.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless DIVINGEXCHANGE.COM, its employees, associates or business partners and service Providers, and their employees, managers, officers, directors etc as well as agents, licensors and suppliers from and against all losses, errors, expenses, damages and costs, including legal fees, resulting from any violation of these T&C by you.

It is also understood that any diving related activities will be within the technical and dive qualifications of the buyer – and governed by the dive certification agency where the buyer has got qualified.

The seller has the right to check dive credentials of the buyer before undertaking any dive activity and refuse services if the qualification level does not permit the activities bought.

Dive and travel insurance is mandatory to prevent any losses arising from (but not limited to ) mismatched qualification, weather, cancelled flights, travel restrictions due to health issues of any kind, mechanical problems with liveaboard etc.

THIRD PARTY RIGHTS
These Terms are for the benefit of DIVINGEXCHANGE.COM, its associates or partners, and Providers, and its and their officers, directors, employees, affiliated or related entities, agents, licensors and suppliers. Each of these businesses, partners, or individual have the right to stand by and enforce these T&Cs directly against yo.

LINKS

This Website may contain outbound links to other websites (referred to as “Linked Sites”). These Linked Sites are provided for your benefit and information only and, accessing them is at your own risk and discretion. The content of any Linked Sites is not under the control of DIVINGEXCHANGE.COM, and DIVINGEXCHANGE.COM is not responsible for, and does not endorse, such content, whether or not DIVINGEXCHANGE.COM is affiliated with the owners of such Linked Sites. You may not create or use a hyperlink to this Website or provide any outbound links that say or infer any sponsorship or endorsement by us, our business associates or partners, or Providers.

SERVICE HELP
Click here for help with questions or problems with this Web site.
USE OF DIVINGEXCHANGE.COM EXCHANGE PROGRAMME
The DIVINGEXCHANGE.COM Exchange Programme feature published on this Web site is provided solely to assist you in renewing your membership, making deposits, determining exchange availability, requesting exchanges, reserving and confirming holiday exchanges, and conducting on-line barters and purchases and for no other reason. You warrant that you are at least 18 years of age, are a current member of DIVINGEXCHANGE.COM, and possess the legal authority to enter into this Agreement and to use this Web site in accordance with all the Terms herein stated. You agree to be monetarily responsible for use of this Website (as well as your account being used by others, including not limited to (persons under 18 years of age) . You agree to supervise any login, usage of this Website by anyone under your name or account. You also warrant that all information (including details you provide to DIVINGEXCHANGE.COM for the purpose of making deposits, requesting exchanges, making reservations and conducting on-line transactions) supplied by you or members of your household, or by third parties authorized and supervised by you, in using this Web site is true and accurate.
You further confirm that any payment method like credit or debit card that you use to do on-line transactions is under your own name and that there are sufficient funds available on such accounts to cover the cost of the holidays, products or services purchased by you. If there are any changes to the details supplied by you, it is your responsibility to inform DIVINGEXCHANGE.COM as soon as possible. Under no circumstances, any illegal, false or fraudulent activities or on-line transactions are allowed and shall be reported to the relevant authorities.
DIVINGEXCHANGE.COM’s Terms of Membership, which are separate terms and conditions to these Terms, will apply to all on-line activities and transactions on and in connection with the DIVINGEXCHANGE.COM Exchange feature published on this Website. You agree to abide by all such terms and conditions of membership of DIVINGEXCHANGE.COM and/or the terms and conditions of any of DIVINGEXCHANGE.COM’s business associates, partners, Providers and other third parties with whom you decide to deal with, including but not limited to payment, compliance with all rules and regulations regarding availability, occupation and use of exchange accommodation at resorts or liveaboards.

DIVINGEXCHANGE.COM will not be responsible for the provision of non-exchange-related options, products or services offered by its business associates, partners, suppliers or Providers and other third parties to you at the current time. You shall be responsible for all quality checks, charges, fees, duties, taxes incurred out of the use of this Website

This Web site will not prevent you from making incorrect deposits, requesting impossible exchanges, and making impossible and/or incorrect exchange reservations, such as two exchanges to different resorts/Boats at the same time. If you make incorrect deposits, or request impossible exchanges, or make impossible and/or incorrect exchange reservations, you accept that these are your errors and/or omissions, that these are your entire responsibility, and that DIVINGEXCHANGE.COM will not be liable to give you a refund, either in whole or in part, or be obliged to rectify the situation, for you undertaking any such mistaken activities and on-line transactions.
Under the laws of the United Arab Emirates certain countries are listed as being Restricted or Prohibited countries for the provision of travel services due to COVID restrictions DIVINGEXCHANGE.COM, its affiliated or related entities, associates, or partners, and Providers and/or their respective agents, licensors and suppliers is neither able to accept deposits, consider or allow exchange requests or make and fulfil exchange reservations or issue confirmations on or in connection with the DIVINGEXCHANGE.COM Exchange Programme feature published on this Web site from any DIVINGEXCHANGE.COM

It is prohibited to join the Exchange Programme by any DIVINGEXCHANGE.COM Members who are citizens or permanent resident aliens of any designated Restricted or Prohibited countries.

CURRENCY CONVERTER
Cost of holidays abroad or purchases of services may be subject to currency fluctuations. Currency rates are based on popular exchange websites and have to be used as a references only. Rates are not 100% accurate, and real rates may fluctuate every minute. Currency quotes are not updated every day. Check the actual date on the Currency Converter section to verify the day that currency was last modified. The information supplied by this application is believed to be accurate, but DIVINGEXCHANGE.COM, its affiliated or related entities, associates or partners, and Providers and/or their respective agents, licensors and suppliers do not warrant or guarantee such accuracy. When using this
information for any financial purpose, DIVINGEXCHANGE.COM advises you to consult a qualified professional to verify the accuracy of the currency rates. DIVINGEXCHANGE.COM, its affiliated or related entities, associates or partners, and Providers and/or their respective agents, licensors and suppliers do not
authorize the use of this info for any purpose other than personal/own business use and prohibit the resale, trade, redistribution, and use of this information for commercial purposes.

LAW AND JURISDICTION
This Agreement (and any disputes, claims or proceedings of whatsoever nature arising out of or in any way relating to the use of this Web site and/or the DIVINGEXCHANGE.COM Exchange Programme feature published on this Web site) is governed by and shall be construed in accordance with the laws of UAE. You hereby consent to the jurisdiction of the Dubai courts(UAE laws) in all disputes stemming out of or relating to the use of this Website. Those who choose to access this Website from outside the UAE are responsible for compliance with local laws, if, and to the extent that, local laws are applicable. You may not use or export materials or content contained on this Web site in violation of UAE export laws and regulations.

If any provision or clause in T&C are considered unlawful, null, void or for any reason unenforceable, then that clause/provision shall be deemed removable from these Terms without affecting the remainder of these T&Cs.