1 - PREMISE
If you do not agree with, or fully accept, this document or any of the other documents necessary to complete the registration process, you should:
• not tick the corresponding check box for acceptance;
• stop navigation in this website;
• not purchase, view, or use any product from this site.
The registration process involves three documents.
This document offers a description of the use of our free contents.
2 - DEFINITIONS
Website
thedivingmethod.com
The software through which any personal data is collected and processed, and which allows visitors to take advantage of free and paid content.
Circuit 'The Diving Method'
Hereinafter referred to as 'TDM Circuit'.
The website and all other platforms that are property of the Owner and are connected to the website for their operation, including but not limited to: internal messaging platforms, blogs, publications, live web, downloadable files (audio, video, written).
The TDM Circuit makes use of external platforms and services (third parties) that are not to be considered part of the TDM Circuit, for example but not limited to: social networks, internet service providers and payment processors.
Owner
TDM Circuit is owned by The Diving Method di Pocaterra Gianluca, P.I.: 12529170966, Via E. De Nicola 4C, 20098 - San Giuliano Milanese - Milano, Italia.
Topic of reference
The TDM Circuit covers various topics, designed exclusively for divers who are already certified, related to the activity of scuba diving, with the aid of breathing apparatus, working with compressed gas to practice, for which it is mandatory to have achieved specific training and qualifications.
Certified Diver
A person of legal age already in possession of the necessary qualification to dive in complete independence, without therefore any type of supervision by a dive guide and/or a dive instructor, according to the standards recognised by the WRSTC circuit - World Recreational Scuba Training Council (www.wrstc.com).
Non-diver
All persons who do not meet the definition of 'Certified Diver' given in this document.
Adult
A person is considered to be of legal age if he or she is able to simultaneously comply with the relevant laws in force in the country where he or she: lives, dives, has been in contact with a TDM content, and, in any case, is no younger than 18 years of age.
Minor
Any person who is not an 'Adult', as per the definition given in this document.
Target audience for the content made available by the TDM circuit
Exclusively certified divers according to the definition given in this document.
Limitations of the TDM Circuit
The TDM Circuit and content or services, free or paid, do not qualify anyone as a certified diver.
The necessary information to ensure safety in diving has been voluntarily omitted here because not related to the objectives of the TDM Circuit itself.
Any written documents, or documents in the form of videos, podcasts, live web or similar, in which information relating to diver safety is treated, do not constitute in any way sufficient training to qualify someone as a certified diver and are treated exclusively and limited to clarify concepts related to the objectives of the TDM Circuit.
These topics, if addressed, are only partially and limitedly discussed, with respect to what is actually necessary for the objectives of the TDM Circuit.
For the same reason, other types of information that are fundamental to diving, are not dealt with here, or are dealt with only partially and limitedly with respect to what is necessary for the objectives of the TDM Circuit.
All information hereinafter assumes that the user has already acquired the basic and necessary information, which can only be learned by attending a specific course offered by the WRSTC circuit - World Recreational Scuba Training Council (www.wrstc.com).
WARNING: Diving after only attending our contents can very easily cause serious damage and/or personal injury, even permanent, and/or the death.
All contents provided by the TDM circuit do not include:
• the issuing of any license, diploma, certification or other form of recognition;
• any dive included with or without instructor and/or diving guide;
• anything not expressly stated as 'included'.
Customer
Person who uses the website and the services made available for free or for a fee.
Given the nature of the subject matter of the TDM Circuit, the Customer is required to declare that he/she has the necessary qualifications to be defined as a 'Certified Diver'.
The Customer is responsible for the truthfulness of what he/she affirms.
Third parties
Any natural or legal person other than the Customer or the Owner.
Reference e-mail address
In order to benefit from the content made available by the TDM Circuit, it is necessary to complete a registration procedure which includes the voluntary entry by the Customer of his/her own reference e-mail address.
This reference e-mail address will also be used for communications and, where necessary, for the recognition of the Customer.
The e-mail submitted cannot be changed.
It is the customer’s responsibility to keep the submitted e-mail address active and available for the duration of the service.
3 – INTRODUCTION
The present terms and conditions (hereinafter indicated as 'General Conditions') regulate the use of any contents offered by TDM Circuit.
All contents are provided by the Owner, The Diving Method di Pocaterra Gianluca, P.I.: 12529170966, Via E. De Nicola 4C, 20098 - San Giuliano Milanese - Milano, Italia.
All contracts stipulated between the Owner and the Customer are regulated by the present General Conditions.
Each contract stipulated between the Owner and the Customer includes the following documents: Terms and conditions, detailed description of the course, information notice related to data processing, disclaimer and declaration of possession of an adequate diving license.
4 – SUBJECT OF CONTRACT
The subject of the contract is the 'Customer's free use, for personal use only, of the free content made available by TDM'.
5 – STIPULATION OF THE AGREEMENT
5.1 Placing your request to have access to any TDM content, you:
• accepts the general terms and conditions;
• agrees to data processing;
• confirms your possession of an appropriate diving license, which allows you to dive in open waters without the supervision of a guide and/or scuba instructor.
5.2 By accepting this document, you declare that you are not a potential competitor operating in the same sector as TDM, and that you will not use this information to compete with TDM or incorporate it in any way into your own business, nor will you provide such information to potential competitors of TDM.
6 - RESTRICTIONS
6.1 All contents made available by TDM are property of the Owner. You are given the right to use contents for personal use, to access through TDM Circuit. Any other use, if not specifically expressed, is prohibited.
6.2 The right is not exclusive, it is not transferable to third parties, commercial use is strictly prohibited. You cannot reproduce, redistribute, forward, assign, sell, rent, share, lend, modify, adapt, create derivative forms, offer as a sub-license, transfer or use any of the content in any way.
7 – ACCOUNT AND REGISTRATION
7.1 Account use is strictly personal and you are solely responsible for use of the account.
7.2 TDM Circuit reserves the right to perform periodic inspections to verify that the account is being used properly or to confirm the identity of the account holder.
7.3 If any violations to the above-mentioned rules are detected, the account will be cancelled immediately.
7.4 To delete your account, you can:
• click the relative link in any email received from TDM ;
• enter the 'Manage Privacy' section at www.thedivingmethod.com ;
• send an e-mail to info@thedivingmethod.com (data is usually deleted within 48 work hours);
All data is deleted, with the exception of data for which the law requires mandatory storage.
The Customer will receive a confirmation once the account is deleted. The registered user has the right to access their own data, the right to transfer their data, the right to correct their data and all other rights in accordance with GDPR UE 2016/679 and Italian regulations related to data processing.
7.5 The request for deletion of an account involves the permanent suspension of the service provided by TDM, including paid services, and waives any form of refund.
8 – ACCESS AND UPDATES
8.1 All contents available through TDM Circuit are accessible only and exclusively through access to this website and related social media pages. With the exception of materials present in the download section, no other material found within the website can be downloaded.
8.2 To access the contents, you need an internet connection (preferably broadband), and a device which can be a laptop or desktop computer, tablet or smartphone, with a web-browser app installed (properly updated) that provides internet navigation. For example: Google Chrome, Mozilla Firefox, Safari, Microsoft Edge. Graphic performance and functionality may vary based on the browser used.
8.3 Regardless of our constant commitment to make TDM Circuit content available on as many devices possible, we cannot guarantee successful operation on all devices.
8.4 To ensure maximum quality, the author reserves the right to modify and update the contents at any moment and without prior notice. A content modification of an already viewed content do not imply that you will be informed about the changes.
9 - COPYRIGHT
9.1 Unless otherwise specified, the Owner is the exclusive proprietor of the contents of the website thedevingmethod.com, including but not limited to: text, documents, images, videos, logos, photographs, layout of pages, design, know-how etc.
9.2 The Customer cannot use the materials of the TDM Circuit, or of external Third parties used by the TDM Circuit, for commercial purposes. By way of non-exhaustive example, the User may not: publish, reproduce, duplicate, transmit, promote, sell, license or sublicense.
9.3 The copyright of material created by the Owner of this Website is reserved.
Duplication or use of objects such as images, diagrams, sound or text elements in other electronic or printed publications is prohibited without the consent of the Owner.
10 - SECURITY
10.1 Although the Owner is committed to keeping its products free from all forms of computer viruses and malware, it is not able to guarantee that 100%. The Customer agrees that any possible damage resulting from any form of computer virus is not attributable to the Owner.
10.2 The Owner does not guarantee or declare that the Website is safe or free from errors or computer viruses, that it is compatible with all hardware and software used by the Customer, that it is available at all times or at any given moment.
10.3 The Owner recommends taking appropriate measures to protect oneself against computer viruses and other malware.
10.4 The Owner does not guarantee that any other websites outside thedivingmethod.com, made accessible by links into this website, are safe and free of risks, in terms of content viewed as well as potential damage to the software/hardware of their device.
10.5 Customers access the website independently and at their sole risk. The Owner is not liable for any damage and/or loss and/or malfunction and/or prejudice of any kind that may occur to the Customer’s device as a result of the use of the website and any related repair/restoration costs are the responsibility of the Customer.
11 - MALFUNCTION
11.1 Regardless of the constant commitment to offer access to the contents 7 days a week, there may be some interruptions, due to maintenance, security controls, course updates, etc. The Owner is in no way responsible for the interruption of service.
11.2 Likewise, the Owner is not responsible for delays or lack of performance of any of the services caused by third parties, like: an act of war, hostility or sabotage, natural disaster, power outage or missing internet or telecommunications access or government restrictions.
12 - LIMITATION OF LIABILITY
12.1 Please be aware that the information contained on TDM Circuit is for educational and entertainment purposes only. The Customer agrees that under no circumstance is the Owner responsible for any losses, damage or injuries, which are incurred as a result of the use of information contained within the TDM Circuit.
12.2 There are risks associated with using the content available on TDM Circuit.
Scuba diving, even if carried out at a depth of a few meters, is a potentially dangerous and deadly activity. You fully accepts these risks and agrees that they will take no action to seek damages even if they suffer loss or damage from using TDM Circuit.
The Owner will not be held liable for any indirect, incidental, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if the Owner has been advised of the possibility of damages in advance.
12.3 However, the Owner’s liability is limited to the amount paid by you for the purchase of the free contents.
13 - USER RESPONSIBILITY
13.1 The Customer understands and agrees that transferring information from the TDM Circuit to third parties could expose them to serious damage and/or personal injury, even permanent, not to mention death; even more so if not properly qualified. Any kind of material provided and/or access to any restricted areas of the TDM Circuit, whether free or paid, are strictly personal and non-transferable. The Customer will be held responsible for any damage to third parties and/or the Owner, any time he/she intentionally or unintentionally transfers the information obtained in the TDM Circuit to third parties.
13.2 The User is liable for any damages to third parties resulting from his/her inappropriate behaviour, including but not limited to:
• inappropriate comments made through the channels made available by the Owner or through independent channels;
• personal injury to third parties, or death, resulting from attempting to implement TDM content obtained from the website, due to the User's inexperience;
13.3 The entire TDM Circuit is created exclusively for certified divers, as defined in this document.
The Owner cannot prevent minors and/or non-divers from browsing the entire TDM Circuit and strongly recommends that the Customer does their best to prevent minors and/or non-divers from accessing the content of the TDM Circuit, for example, but not limited to, through any documentation obtained from the TDM Circuit and not handled properly, or website browsing sessions not closed properly.
13.4 The Customer agrees to reimburse the Owner, upon request, for any damages or expenses, including legal fees and compensation, resulting from improper and/or imprudent use of information obtained from the TDM Circuit and/or resulting from their own comment or behaviour.
14 - COMMENTS
14.1 The Customer assumes full and total responsibility for any comment left/made through one of the channels made available by the TDM Circuit or independent channels, at the invitation of the Owner or of his own initiative, towards the Owner and any third parties involved.
14.2 For comments made through the channels made available by the TDM Circuit, the Owner reserves the right to screen each comment, to delete it, to keep it and to decide if/where/when to publish it, and to use it for any purpose, and reproduce it in any form, for educational purposes and/or advertising promotion of the TDM Circuit.
15 – COMMUNICATIONS AND COMPLAINTS
All written communication addressed to The Diving Method di Pocaterra Gianluca and any potential complaints will be considered valid only if sent to the following address via registered mail, addressed to: The Diving Method di Pocaterra Gianluca, Via E. De Nicola 4C, 20098 - San Giuliano Milanese - Milano, Italia or by certified e-mail at thedivingmethod@pec.it.
16 - JURISDICTION AND APPLICABLE LAW
16.1. Provided the parties intend to appeal to an ordinary judicial authority, the court of jurisdiction is that of the Consumer’s place of residence or elective domicile (if resident is a citizen of the European Union ). In all other cases, the court of jurisdiction will be the Court of Milan- Italy.
16.2. The present agreement is subject to Italian law.
17 - ONLINE DISPUTE RESOLUTION
The Customer, in capacity of consumer, in accordance with the Consumer Code, and resident within the European Union, for the resolution of potential controversies, can access the ODR platform, available through the following internet address, https://ec.europa.eu/consumers/odr/
The online ODR platform is a tool designed by the European Commission to offer an alternative solution to controversies that arise between a consumer and a professional.
18 – CONDITIONS
The conditions indicated in the present document may be modified by the Owner without prior notice and will be valid from the date of publication on the website thedivingmethod.com.
19 – FINAL DISCLOSURE
Contact information:
• E-mail: info@thedivingmethod.com
• PEC: thedivingmethod@pec.it
• Phone: +39 3270047021
• Address: The Diving Method di Pocaterra Gianluca, Via E. De Nicola 4C, 20098 - San Giuliano Milanese - Milano, Italia.
Also read the privacy and data processing policy and the declaration of possession of a diving license, integral parts of the present general conditions.
You can review copies of the documentation signed during the registration process directly from the website.
