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Terms & Conditions

TERMS AND CONDITIONS

Last updated: September 29, 2026

AGREEMENT TO OUR LEGAL TERMS

VisPro Dive is a business name of Angelica Evelyn Mether Selkirk (ABN 52 342 576 776), a sole trader based in Queensland, Australia ('we', 'us', 'our').

We operate the website http://www.visprodive.com (the 'Site'), the mobile application VisPro Dive (the 'App'), as well as any other related products and services that refer or link to these legal terms (collectively, the 'Services').

VisPro Dive is a specialized forecasting platform designed to take the guesswork out of your next descent. By synthesizing real-time oceanographic data with hyper-local conditions, it gives divers more information to plan their dives.

Contact Information:
Email: visproaus@gmail.com

IMPORTANT: These Legal Terms constitute a legally binding agreement. By accessing the Services, you agree to be bound by all these terms. IF YOU DO NOT AGREE, YOU ARE PROHIBITED FROM USING THE SERVICES.

You must be at least 13 to create an account. You must be 18 or over to buy a subscription or start a free trial; if you are under 18, a parent or guardian must buy it and agree to these Terms.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution would violate local laws or regulations.

Safety Advisory: VisPro Dive's visibility forecasts are predictions based on meteorological data and are not a substitute for professional dive planning. Users must conduct their own risk assessment and consult local dive operators or qualified instructors before diving. To the extent permitted by law, VisPro Dive is not liable for diving accidents or injuries resulting from reliance on our forecasts.

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the 'Content'), as well as the trademarks, service marks, and logos (the 'Marks').

Except as expressly provided in these Terms, no part of the Services and no Content or Marks may be reproduced, copied, edited, published, transmitted, or distributed in any form without our prior express written permission.

By using the Services, you represent and warrant that:

  • All registration information you submit is true, accurate, current, and complete
  • You have the legal capacity and agree to comply with these Legal Terms
  • You are not under the age of 13
  • You are not a minor or have received parental permission
  • You will not access the Services through automated means
  • You will not use the Services for any illegal or unauthorized purpose
  • Your use will not violate any applicable law or regulation

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account. We reserve the right to remove or change a username if we determine it is inappropriate or objectionable.

All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

We accept the following forms of payment: the payment methods shown at checkout, processed securely by Stripe.

You agree to provide current, complete, and accurate purchase and account information. All payments shall be in AUD (Australian Dollars).

We reserve the right to refuse any order placed through the Services.

Billing and Renewal: Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis. Plans are billed monthly or yearly, as you choose at checkout.

Cancellation: You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

Fee Changes: We'll email you at least 30 days before any price change to your plan, and you can cancel before it applies.

Refunds are handled under our Refund & Cancellation Policy (/refund-policy).

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded. If our Services fail to meet a consumer guarantee, you may be entitled to a remedy (such as a refund) as required by that law.

You may not access or use the Services for any purpose other than that for which we make the Services available.

You agree not to:

  • Systematically retrieve data or create compilations without permission
  • Trick, defraud, or mislead us or other users
  • Circumvent or interfere with security features
  • Use information to harass, abuse, or harm others
  • Make improper use of support services
  • Use the Services in violation of applicable laws
  • Engage in unauthorized framing or linking
  • Upload viruses or harmful material
  • Engage in automated data collection
  • Delete copyright or proprietary notices
  • Impersonate another user
  • Interfere with the Services' operation
  • Submit false or fabricated dive reports
  • Collect other users' personal information
  • Scrape or redistribute our forecast data
  • Post defamatory or harmful content

The Services may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality. Any contributions you make shall be treated as non-confidential and non-proprietary.

Your contributions are licensed to us as set out in section 31.

We may provide areas to leave reviews or ratings. Your reviews must comply with our guidelines and not contain offensive language, discriminatory references, or false statements. We may accept, reject, or remove reviews in our sole discretion. We don't remove reviews or reports because they are negative.

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, strictly in accordance with these terms.

You shall not decompile, reverse engineer, disassemble, modify, or create derivative works from the App.

You may link your account with third-party service accounts. We may access, store, and use content from your Third-Party Accounts. Your relationship with third-party service providers is governed solely by your agreement with them.

The Services may contain links to other websites and third-party content. We are not responsible for Third-Party Websites or content. Any purchases through Third-Party Websites are exclusively between you and the third party.

We allow advertisers to display advertisements in certain areas of the Services. We have no relationship with advertisers beyond providing space for their advertisements.

We reserve the right to monitor the Services for violations, take appropriate legal action, refuse or restrict access, remove or disable content, and manage the Services in a manner designed to protect our rights.

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy.

These Legal Terms shall remain in full force while you use the Services. We may suspend or close your account if you seriously or repeatedly breach these Terms. If we close a paid account for any other reason, we'll refund the unused part of your subscription.

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We have no obligation to update information on the Services.

We cannot guarantee the Services will be available at all times. We may experience downtime for maintenance or other reasons.

These Terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland.

Informal Negotiations: The Parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days.

Nothing in this section stops you contacting a consumer protection agency or taking a matter to a court or tribunal.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors without prior notice.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, THE SERVICES ARE PROVIDED 'AS-IS' AND 'AS-AVAILABLE' WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT. Nothing in this section limits your rights under the Australian Consumer Law.

LIMITATION OF LIABILITY

To the extent permitted by law, and except for any liability that cannot be excluded under the Australian Consumer Law, we are not liable for any indirect or consequential loss, and our total liability to you is limited to the amount you paid us in the 12 months before the claim arose.

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability or claim to the extent it is caused by: your contributions, your use of the Services, breach of these Terms, breach of your representations, your violation of third-party rights, or harmful acts toward other users.

We will maintain certain data you transmit for managing the Services. You are solely responsible for all data you transmit. To the extent permitted by law, we are not liable for loss or corruption of your data.

Visiting the Services, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements and notices satisfy legal requirements for written communication.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND ELECTRONIC DELIVERY OF NOTICES.

These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right shall not operate as a waiver. We may assign our rights and obligations to others. If any provision is unlawful or unenforceable, it is severable from these Terms.

Content Ownership and License: By submitting content, you retain ownership but grant VisPro Dive a non-exclusive, royalty-free, worldwide licence to use, reproduce, display and adapt your content to operate, improve and promote the Services, including after your account is closed.

Community Standards: You are solely responsible for your content. You agree not to post content that is unlawful, defamatory, obscene, false, misleading, spam, or infringes any rights.

Moderation: VisPro Dive reserves the right to review and remove content at our discretion.

VisPro Dive's forecasting models utilize data from third-party weather, marine and satellite data providers. We do not guarantee the accuracy, completeness, or timeliness of third-party data.

VisPro Dive is not liable for errors, inaccuracies, or omissions in third-party data. Your use is at your own risk.

Subscription Plans: VisPro Dive offers two paid subscription tiers: Plus and Premium, billed monthly or yearly in Australian dollars at the prices shown on our Premium page when you subscribe. Existing subscribers keep the price they signed up at unless we give 30 days' notice of a change.

Premium Free Trial: New Premium subscribers get a 7-day free trial of Premium monthly and yearly. Members upgrading from Plus to Premium are not eligible for the trial. The free trial is limited to one per person: if you have previously had a Premium free trial or a Premium subscription (including one that was cancelled), you are not eligible for another free trial and billing starts immediately when you restart Premium. If you don't cancel before the trial ends, it automatically becomes a paid Premium subscription at the price shown when you signed up, and you will be charged when the trial ends. You can cancel at any time during the trial from your Profile and you won't be charged.

Automatic Renewal: Your membership will automatically renew at the end of each billing cycle unless you cancel.

Cancellation: You may cancel at any time through your Profile settings. Cancellation takes effect at the end of your billing period.

Refunds: see our Refund & Cancellation Policy (/refund-policy). This does not limit your rights under the Australian Consumer Law.

Non-Transfer: Subscriptions are personal and non-transferable.

VisPro Dive
Email: visproaus@gmail.com

By using VisPro Dive, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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