Definitions

  1. “Terms” means the terms and conditions as outlined here.
    “Site” means this website located at www.submerge.co.za including any page, part or element thereof.
  2. “Author” refers to those given authority to change or update content on the website.
  3. The “owner of this Site” refers to Submerge Publishers cc (also referred to as Submerge Publishers).
  4. “Provider” means the owner, Authors or anybody connected to this Site in any way.
  5. “User” and “you” refers to anyone who accesses this Site and makes use of it.
  6. SUBMERGE Magazine under the SUBMERGE Magazine’s Social Diving Community terms below also refers to Submerge Publishers.
  7. Any reference in the singular includes the plural and vice versa.

Introduction

Attention: Please read these Terms and conditions carefully before using this website. By using this site you agree to be bound by these Terms. If you do not accept these Terms, do not use this Site.

About Us

Submerge Publishers present a bi-monthly South African scuba diving magazine that sets forth to enhance the scuba diving community and the industries indirectly involved in the sport of scuba diving. The first edition was introduced to the scuba diving market at the end of July 2006.
The content of the magazine is designed to be innovative and display interesting and “everyday” diving topics. It is a lifestyle magazine for divers about safety, sport and adventure that divers can enjoy with family and friends. Whether it be images of the most impressive dive sights around, reviews of the latest diving-related books, tips on safety and diving, interesting industry news or just fun light-hearted reading, SUBMERGE Magazine leaves its readers with the same good feeling that the sport of diving brings to their lives.

Submerge Publishers offers readers a chance of subscribing over the Internet to make life easier for our valued readers.

Use of this Site

You may only use this Site to browse the content and/or make legitimate purchases. You shall not use this Site for any other purposes, including, without limitation, to make any speculative, false or fraudulent purchases. This Site and the content provided in this Site may not be modified, copied, reproduced, republished, uploaded, posted, transmitted or distributed. “Deep-linking”, “embedding” or using analogous technology is strictly prohibited. Unauthorised use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark, other intellectual property laws or other laws. If you breach any of these Terms, your authorisation to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Disclaimer of Warranty and Limitation of Liability

The contents of this Site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement of intellectual property.

The owner of this Site, the Authors of these contents and in general anybody connected to this Site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents.

The Providers’ obligations with respect to their products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements.

Submerge further does not warrant the accuracy and completeness of the materials, software or services on this Site.

The Providers may make changes to the materials and services on this Site or to the products and prices described in them, at any time without notice. The materials and services on this Site may be out of date and Submerge Publishers makes no commitment to update the materials and services on this Site.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including – without limitation – data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of this Site, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Removal and Correctness of Content

You are welcome to indicate any inaccurate, unlawful, threatening, libelous, defamatory, obscene or pornographic material or other material that would violate any law available on this Site. Submerge Publishers undertakes to correct and/or remove such content if you provide reasonable reasons for alleging the nature of the content.

Our Rights

We reserve the right to:

1. Modify or withdraw, temporarily or permanently, the Site (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or

2. Change these Terms from time to time and your continued use of the Site (or any part of it) following such change shall be deemed to be your acceptance of such a change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Site.

3. We will use our reasonable endeavours to maintain the Site. The Site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Site or because of a failure, suspension or withdrawal of all or part of the Site due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this Site.

All the information gathered in the online forms on the Site is used to personally identify Users that subscribe to this service. The information will not be used for anything other than which is stated in these Terms of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the website from which you linked directly to this Site. This information is used to help improve the Site, analyse trends and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on the Site. We will post such changes here so that you will always know what information we gather, how we might use that information and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an email.

By using this Site, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes.

Cookie and Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technologies; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Links to Third Parties

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Linking to this Site

You may create links to this Site from other sites, but only in accordance with the Terms of the guidelines for linking to Submerge Publishers’ websites and in compliance with all applicable laws.

Note: Anyone linking to Submerge’s Site must comply with the Guidelines for Linking to Submerge Publishers’ Sites and all applicable laws.

Guidelines for Linking to this Site

  1. A website that links to Submerge Publishers’ Site:
  2. May link to, but not replicate, Submerge Publisher’s content;
  3. Should not create a browser or border environment around Submerge Publisher’s content;
  4. Should not imply that Submerge Publishers is endorsing it or its products;
  5. Should not misrepresent its relationship with Submerge Publishers;
  6. Should not present false information about Submerge Publishers products or services;
  7. Should not use the SUBMERGE Magazine logo without permission from Submerge Publishers; and
  8. Should not contain content that could be construed as distasteful, offensive or controversial and should contain only content that is appropriate for all age groups.

Magazine Availability and Lead Time

Lead time to receive your paper subscription is dependent on postal services. When you subscribe, your first subscription will be the next edition on the shelves.

Every effort is made to effect shipment of your order in a timeous manner; however, unforeseen circumstances may cause delays. Should you be concerned that your subscription has not reached you, please contact Submerge Publishers.

Delivery Policy

When you click to make a purchase with us, legal obligations arise and your right to a refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms. You must not make any purchase through this Site unless you understand and agree to all our Terms. Once payment is made for the purchase, it is deemed that you have read and understood the Terms for such a purchase. If you have any queries please contact us before making any purchase through this Site.

Shipping/Postage

Paper subscriptions will be posted by ordinary mail. For persons who wish to subscribe outside of South Africa, a link will be sent to download an electronic magazine of the current edition. Else, additional postage charges apply and will be added.

Please ensure the correct postage address is provided from the outset as title and risk will pass to you once the order has left our premises.

Undeliverable Packages

Occasionally, packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-postage. Should your package be returned to us undeliverable a second time, further postage will be for the subscriber’s account.

Order or Subscription Processing

Order processing will not begin until we receive a confirmed order and full payment.

Refunds Policy

Should you for any reason wish to cancel your subscription, you will forfeit all monies paid by you to Submerge Publishers.

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).

Your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).

Submerge Publishers reserves the right to change pricing at any time without prior notice.

Credit Card

We accept MasterCard and Visa credit cards. If you do not have a credit card, please utilise one of the other payment options or simply log off and return to the Site at a later time to complete your order.

EFT (Electronic Fund Transfer)

This is one of the most widely used ways of sending money online. Select the Offline Payment option to pay via EFT. You will then have to load Submerge Publishers as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.

Banking Details:

Bank: Standard Bank South Africa

Branch Name: Centurion

Branch No: 012645

Account Name: Submerge Publishers

Account No: 032510543

Account: Cheque

Direct Deposit
You may pay for your products through a direct deposit. It is exactly the same as doing an EFT payment, except you’ll have to go into the bank and physically make your direct deposit there. Please fax through your deposit slip to us on 086 684 4891 or scan it and email it to admin@submerge.co.za to ensure your payment is confirmed so your subscription can be processed as quickly as possible.

Banking Details:

Bank: Standard Bank South Africa

Branch Name: Centurion

Branch No: 012645

Account Name: Submerge Publishers

Account No: 032510543

Account: Cheque

For more information about how to order, special order requirements and other payment options, please contact the SUBMERGE Team on Fax 086 684 4891 or email info@submerge.co.za

SUBMERGE Magazine’s Social Diving Community

Introduction
We have created some Terms and Conditions for your use of SUBMERGE Magazine’s Social Diving Community on this website. Please read the following Terms and Conditions carefully, as they provide information about using the Community in a way that is respectful and lawful.
By using or submitting material to the Community, you agree that you have read, understood, accept and agree to abide by these Terms and Conditions.

The terms, conditions and policies that apply to specific social networks, such as Facebook or Twitter, also apply. We recommend that you familiarise yourself with those terms and conditions before participating and we disclaim any liability associated with non-compliance of these Terms, conditions and policies.

If, in our opinion, an individual makes use of the Community in breach of these Terms and Conditions, we reserve the right to remove, to disable access to any contribution, and to terminate, suspend or change the conditions of their access to the Community without prior warning. We also reserve the right to bring legal proceedings against any individual for a breach of the Terms and Conditions or to take such other action as we reasonably deem appropriate. We expressly exclude any liability for any loss or damage arising from the use of the Community by any person in contravention of these Terms and Conditions.

While we try to moderate the Community, we are not legally responsible for any material posted by third parties and we may stop or suspend moderating the Community at any time.

Important Points to be Aware of

  1. The views expressed by any individual within the Community are those of the individual and do not necessarily reflect the views of SUBMERGE Magazine.
  2. Upon joining the community, you give us the right to contact you via email, whether it be for marketing or information purposes.
  3. Any medical advice or information posted to the Community should not be regarded as advice on which any reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by a User of the Community or by anyone who may be informed of any of its contents. You must always seek medical advice from your doctor or a suitably-qualified medical professional.
  4. Any advice or information posted to the Community should not be accepted as true or correct. It is up to individual Users to check the validity of any advice or information before relying on it, especially where the consequences of following it could be serious.

Minors

The Community is intended for use by individuals aged 18 years or older. Minors must get permission from their parent or guardian before using the Community. We recommend that parents who allow their children to use the Community discuss online safety with their children first and that parents endeavour to monitor any use of the Community. Minors should also be given guidance on how to use the Community safely and in a way that complies with these Terms and Conditions.

Acceptable Use Standards

We want to create an open, caring and respectful Community. To help us do this, you agree that your use of the Community and your contributions must:

  • be accurate and genuinely believed;
  • avoid quoting out of context and include a credit for the original author as the source of material; and
  • comply with all applicable domestic, foreign and international laws that govern the content which makes up the contribution.

You also agree that your use of the Community and contributions will not:

  • be defamatory, unlawful, obscene, offensive, hateful, abusive, inflammatory, threatening, invasive of anyone’s privacy or otherwise objectionable;
  • promote discrimination on grounds of race, sex, religion, nationality, disability, religion or belief, sexual orientation, being a transsexual person or age;
  • infringe any intellectual property rights including copyright, design right, database right, patents, trade mark, moral or performer’s right or any other third party right;
  • be likely to harass, upset, alarm or cause distress to any other person;
  • contain an instruction, advice or content that could cause harm or injury to individuals or to computers or systems;
  • encourage anyone to commit any unlawful or criminal act or condone any unlawful or criminal act;
  • give the impression that the contribution emanates from SUBMERGE Magazine if this is not the case, or impersonate any person or misrepresent your identity or affiliation with any person; or
  • contain any advertising.

Whenever you upload material to the community or make contact with other Users of the Community, you must comply with the Terms and Conditions. You warrant that any such contribution does comply with these and you indemnify SUBMERGE for any breach of that warranty. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site is defamatory of them or a violation of their intellectual property rights or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any materials posted by you or any other User of our Site.

Copyright
By submitting a contribution to the Community, you agree to grant SUBMERGE Magazine a non-exclusive perpetual licence to use that contribution and to waive your moral rights. Although you will still own the copyright in your Contribution, SUBMERGE Magazine will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your contribution in any format and media. This licence will be free of charge, perpetual and capable of sub-licence. SUBMERGE Magazine may exercise all copyright and publicity rights in the material contained in your contribution in all jurisdictions to their full extent and for the full period for which any such rights exist in that material.We reserve the right to display advertisements in connection with your contribution. Please also note that you must ensure that your contribution does not infringe any copyright, database right or trade mark of any other person.

By submitting your contribution to the Community, you are warranting that you have the right to grant SUBMERGE Magazine the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to SUBMERGE Magazine, please do not submit the contribution to the Community.

Complaints
If you wish to complain about any contribution posted to the Community, please contact us at info@submerge.co.za When you submit a complaint, please

  1. outline the reason for your complaint, and
  2. specify where the contribution you are complaining about is located.

Changes to these Terms and Conditions
We may revise these Terms and Conditions at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you and will apply to you from the date the change was made. You agree to accept and comply with any changes to the Terms and Conditions if you use the Community after the change is made.

Governing Law and Jurisdiction
These Terms and Conditions are governed by and shall be construed in accordance with South African law.

Security Policy

  1. Virtual Card Services (VCS) process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the Site’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  3. The Merchant does not have access to credit details.
  4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Site. We may investigate any reported violation of these Terms or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Site).

Applicable and Governing Law

The Provider administers this Site from its offices in South Africa. Submerge Publishers makes no representation that materials or services on this Site are appropriate or available for use outside of South Africa and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services on this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, South African export laws and regulations. If you choose to access this Site from outside of South Africa, you do this on your own initiative and are responsible for compliance with the applicable local laws. These Terms will be governed by and construed in accordance with the laws of South Africa and by using this Site you submit to the exclusive jurisdiction of the South African courts.

These Terms will thus be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these from time to time. Changes to these Terms will become effective upon such changes being posted to this Site. It is the User’s obligation to periodically check these Terms and Conditions at the website for changes or updates. The User’s continued use of this Site following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms, including such changes or updates.

Disclosures required by Section 43 of the ECT Act
Full name and legal status: Submerge Publishers cc

Physical Address: 54 Ninow Road, Valhalla 0185

Registration number: 2006/109531/23

VAT registration number: 4760 23 2803

Telephone number: +27 73 865 2016/+27 82 745 9216

Website address: www.submerge.co.za

Email address: info@submerge.co.za

Physical address for receipt of legal services: refer to the physical address above

Submerge Publishers’ main business: Publishing two bi-monthly magazines and providing publishing services for outside clients

Entire Agreement and Severability

These Terms constitute the entire agreement between Submerge Publishers and the User. Certain provisions of these Terms may be superseded by expressly designated legal notices or Terms located on particular pages on this Site. Any failure by Submerge Publishers to exercise or enforce any right or provision in no ways constitutes the Provider waiving their right to do so.

In the event that any term or condition detailed in these Terms is unenforceable or invalid, such term(s) or condition(s) shall be severable from the rest of the Terms. The remaining Terms shall remain enforceable and applicable.

Consent

I understand that all the designs and content and so forth are the property of Submerge Publishers cc and hereby accept the Terms and Conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof.

I understand and accept that upon registering an account on this Site, I give Submerge Publishers the right to contact me via email, whether it be for marketing or information purposes.

Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Submerge Publishers for any civil action or any legal action deemed necessary against me.

Contact Details
Submerge Publishers cc

Submerge House

54 Ninow Road

Valhalla

Pretoria

South Africa

PO Box 12271

Centurion

0046

Email: info@submerge.co.za

Tel: +27 12 654 4340 or +27 82 745 9216

Fax: +27 86 684 4891