General Terms of Use

Last Updated Jun 17, 2018

1. Objective

The purpose of these General Terms of Use hereinafter referred to as ‘GTU’ is to define the terms and conditions of the Site www.SeaCrush.com, hereinafter referred to as “the Site” and the conditions of use of the Site by the User.

Any access of the Site www.SeaCrush.com implies the acceptance and the respect of the GTU and their unconditional acceptance. They therefore constitute a contract between SeaCrush and the User.

In the event that the User does not wish to accept all or part of the present terms and conditions, he must give up any use of the Site.

The Website https://www.SeaCrush.com is published and operated by the company:

SeaCrush, 511 avenue du Maréchal Foch, 78670 Villennes sur Seine, France

Telephone from France: 07 57 90 31 36

Telephone from the United States: 1 888 930 58 99

E-mail: hello@SeaCrush.com

SASU with a Capital of € 30,000

Trade & Companies Register of Versailles 830 475 133

Intra-community VAT number: FR 05830475133

Registration at the Atout France authority: IM078170016, 7981 rue de Clichy 75009 Paris, France

Financial Guarantee: APST, 15 avenue Carnot, 75017 Paris, France

Professional Liability: Groupama Paris Val de Loire, 58 Avenue de la Motte Picquet, 75015 Paris, France

The Director of Publication is Isabelle Barbier

The servers of the Site https://www.SeaCrush.com are hosted by the company:

Firebase, 22 4th Street, Suite 1000 (10th Floor), San Francisco, CA 94103, United States of America

3. Definitions

  • ‘Site’ means the Site posted by SeaCrush accessible at: https://www.SeaCrush.com and its mobile applications
  • ‘Content’ means any text, graphic, image, music, audio, video, information or other material.
  • ‘SeaCrush Content’ means any text, graphic, image, music, audio, video, information or other material, including any content obtained from a third party.
  • ‘User’ means any person who uses the Site.
  • ‘User Content’ means any content that the User transmits to the Site.
  • ‘Account’ means the individual account created by the User when registering on the SeaCrush Site.
  • ‘User Name’ means the information necessary to identify a User on the Site to access all the areas of the Site
  • ‘Password’ means confidential information, which the User must keep secret, allowing him, used together with his Identifier, to prove his identity
  • ‘Dive Pros’ means Users that are Professional of Diving. They will have to identify themselves as such in their Account using their unique number identifying their professional affiliation, such as their number of dive guide - ‘divemaster’, PADI Instructor or above
  • ‘Dive Operator’ means the local tourist company that offers diving trips and cash out the corresponding payments
  • ‘Sales Agreement’ means the contract between the User and the Dive Operator for the booking of a trip

4. Description of SeaCrush Services and Products

SeaCrush connects travelers and Dive Operators for the construction of trips.

SeaCrush, from its Site, offers Users who wish to organize a trip, the following elements:

  • Information and advice
  • Connecting with the Dive Operators for booking personalized trips
  • Uploading and sharing travel photos, videos, testimonials, reviews and reviews
  • Spaces for discussion and sharing
  • Secure payment system

5. SeaCrush’ Intellectual Property

The User of the Site www.SeaCrush.com cannot reproduce and / or use the trademarks, logos, Content of SeaCrush without prior written authorization from SeaCrush.

SeaCrush is a registered trademark of SeaCrush Company. Any unauthorized reproduction of trademarks, logos, distinctive signs, total or partial representation of the Site and its Contents by any means whatsoever, without the written permission of SeaCrush is prohibited. The offender is liable to civil and criminal penalties, including the penalties provided for in Articles L. 335.2 and L. 343.1 of the Intellectual Property Code.

Similarly, SeaCrush is a database producer. As a result, any extraction and / or reuse of the database (s) within the meaning of the provisions of applicable intellectual property law is prohibited.

6. Access to the Site

The Site is accessible free of charge to any User who has access to the Internet. All costs relating to access to the Site, whether material costs, software or Internet access are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.

The use of the SeaCrush Site allows the User to view, download and print the Site Content for strictly personal and non-commercial use.

The use of SeaCrush Site is not permitted to persons under the age of 18, or to persons who are not able to use them in accordance with the GTU. Access to certain sections of the Site www.SeaCrush.com requires the use of an Identifier and a Password. The Password, chosen by the User, is personal and confidential. The User undertakes to keep his Password secret and not to disclose it in any form whatsoever. The use of his username and password through the internet is at the risk of the user. It is the User’s responsibility to take all necessary measures to protect his own data against any infringement.

SeaCrush nevertheless undertakes to put in place the necessary means to guarantee the security and confidentiality of the transmitted data. The User is informed that one or more cookies, containing no personal information, may be placed on his hard drive to ensure his identification.

The User admits to know the limitations and constraints specific to the internet network and, as such, recognizes in particular the impossibility of a total guarantee of the security of the exchanges of data. SeaCrush can not be held responsible for damages resulting from the transmission of any information, including that of its username and / or password, via the Site.

SeaCrush shall in no case, within the limits of applicable law, be held liable for damages and / or damages, direct or indirect, material or immaterial, or of any nature whatsoever resulting from the unavailability of the Site or any other Use of the Site. The term “Use” should be understood in the broad sense, that is to say any use of the Site whatsoever, lawful or not.

The User undertakes, in a general way, to respect all the regulations in force in France.

SeaCrush reserves the right to refuse access to the Site, unilaterally and without prior notice, to any User who does not comply with these terms of use.

SeaCrush uses all reasonable means at its disposal to ensure quality access to the Site, but is under no obligation to do so. SeaCrush can not be held responsible for any malfunction of the network or servers or any other event beyond the reasonable control that would prevent or degrade access to the Site.

SeaCrush reserves the right to suspend, suspend or change without notice access to all or part of the Site for the purpose of maintenance, or for any other reason, without interrupting it to no obligation or compensation.

www.SeaCrush.com offers hypertext links to websites published and / or managed by third parties. To the extent that no control is exercised over these external resources, the User acknowledges that SeaCrush assumes no responsibility for the provision of these resources, and can not be held responsible for their content.

8. Personal data

In a logic of respect for the privacy of the Users, SeaCrush undertakes that the collection and processing of personal data, made within the Site, shall be made in accordance with the law n ° 78-17 of January 6 1978 relating to computers, files and freedoms, known as the “Informatique et Libertés” law as amended in 2004.

In accordance with article 34 of the law “Informatique et Libertés”, SeaCrush guarantees to the User a right of opposition, access, rectification and deletion on the personal data concerning him. To exercise it, the User must write to: hello@SeaCrush.com indicating in subject: ‘Personal data’

To find out more about the User rights with regard to its personal data, we invite the User to read SeaCrush ‘Privacy’ page.

9. SeaCrush’s liability

SeaCrush cannot guarantee the accuracy, completeness, and / or timeliness of the information and Content provided on the Site, as well as the availability of these elements. In addition, the information provided on this Site is for informational purposes only.

Accordingly, the use of information and content available on the entire Site, can not in any way engage the responsibility of SeaCrush, for any reason whatsoever. The User is solely responsible for the proper use, with discernment and wit, of the information made available on the Site.

In addition, the User undertakes to indemnify SeaCrush for any harmful consequences directly or indirectly related to the use of the Site. SeaCrush is not responsible for the Site provided by the Diving Operators or for their financial failure in the event of bankruptcy proceedings or liquidation.

10. Usage of Community tools

SeaCrush Site allows Users to upload and share photos, videos, comments and reviews.

The User grants to SeaCrush the right to broadcast, on all media, and worldwide, User Content that it has produced and deposited. The User Content thus produced and put online can be freely viewed, used, transferred, shared, copied, translated, published without the consent of the User who has deposited it and this on any support, whatever the form or the purpose (commercial, promotional or not) without limitation of territory, accompanied by the first name or nickname of the User, his age, his diving experience (number of dives and / or level of certification) and his profile picture of the Personal Account.

11. Policy of withdrawal of content and termination of services

The User is solely responsible for the User Content that he uploads via the Site, as well as texts and / or opinions that he formulates. It undertakes in particular that these data are not likely to affect the legitimate interests of third parties whatsoever.

As such, it guarantees SeaCrush against any recourse, directly or indirectly based on these words and / or data, likely to be brought by anyone against SeaCrush. In particular, he undertakes to pay the sums, whatever they may be, resulting from the recourse of a third party against SeaCrush, including legal fees and legal costs.

The User undertakes to publish only the appropriate User Content and in line with the purpose of the section. The User will not broadcast any User Content over which a third party has copyright.

In case of non-compliance with this clause, the User agrees to release SeaCrush any claim arising from such an offense and if necessary to compensate SeaCrush.

SeaCrush reserves the right to delete all or part of the User Content, at any time and for any reason, without notice or prior justification. The User can not make any claim in this respect.

SeaCrush reserves the right to terminate the User’s account at any time in the event of non-compliance with one of its obligations. In this case, all personal data of the User would be erased.

12. Liability of the User

The User of the Site agrees to use it for personal and non-commercial use, and to log in and use the Site at his own risk. SeaCrush will not be liable for any direct or indirect damages (financial losses, profits, currency loss) that the User or any party may suffer for any reason whatsoever because of a connection to the Site of the impossibility to access or connect to the Site, or the non-functioning or operation of the Site.

In particular, the damages that may arise from inaccurate contents, errors, slow or interruption in the transmission, loss, disappearance or alteration of data, viruses, irrespective of their origin, are covered. third party intrusions, and more generally the use of the Site or the impossibility to use it.

SeaCrush provides a service as an intermediary and charges accordingly to the Diving Operator. The reservation forms an agreement between the Client and the Diving Operator. SeaCrush is not a part of this agreement. As such, in addition to the SeaCrush Terms of Sale, the User accepts the Diving Operator Terms of Sale for the trip booked as soon as the User signs the Sales Agreement. All of these Terms will be provided to the User with the Sales Agreement.

The User agrees to abide by the rules set forth by the guide or any other representative of the Diving Operator. These rules are designed to ensure the smooth running of the program and are also safety rules. Any activity in which the User engages that is not part of the travel program will not be the responsibility of the Diving Operator, neither of SeaCrush.

12.3 Responsibility of the User for assistance and insurance

It is recommended to be covered by an insurance during the international trip: assistance of the people and medical expenses, insurance in the event of accident, repatriation, insurance of the luggage, cancellation insurance, civil responsibility, and specific insurance dedicated to diving. It is the User responsibility to check his insurance coverage and if necessary to contract one with his insurer.

13. Liability of Dive Pros

Dive Pros can participate in programs that will be reserved for them, depending on the conditions of the current operation.

Dive Pros undertakes not to publish User Content that disparages SeaCrush, its Site or products, neither recommend to book outside of SeaCrush Site, whether for their own benefit or for the benefit of a third party.

SeaCrush reserves the right to delete all or part of the User Content of a Dive Pro, at any time and for any reason, without notice or prior justification. The Dive Pro will not be able to make any claim in this respect.

SeaCrush reserves the right to terminate the account of the Dive Pro at any time in case of non-compliance with one of its obligations.

14. Evolution of this contract

SeaCrush reserves the right to modify the terms, conditions and notices of this contract at any time. It is thus advised to the User to regularly consult the last version of the Terms of Use available on the Site www.SeaCrush.com

15. Governing Law and Jurisdiction

The rules of law, applicable to content and data transmissions on and around the Site, are determined by French law. In case of dispute, not being able to be the subject of an amicable agreement with the assistance of Mediation Tourism and Travel www.mtv.travel, only the French courts of the jurisdiction of the Court of Appeal of Paris are competent.