Terms and Conditions for Ocean Active:

Welcome to the Ocean Active website. These terms and conditions govern your use of our Site and any services provided through the Site. By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site or Services.

Intellectual Property 

The content on this Site, including text, graphics, logos, images, videos, and software, is owned by or licensed to Ocean Active and is protected by South African and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, modify, reproduce, distribute, transmit, display, publish, sell, license, or exploit any content on the Site without the prior written consent of Ocean Active.

Use of Site and Services

You may use the Site and Services for lawful purposes only and in accordance with these Terms. You agree not to:

  • Use the Site or Services in any way that violates any applicable federal, provincial, local, or international law or regulation.
  • Use the Site or Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • Impersonate or attempt to impersonate Ocean Active, an Ocean Active employee, another user, or any other person or entity.
  • Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by Ocean Active, may harm Ocean Active or users of the Site or Services or expose them to liability.

Disclaimer of Warranties

The Site and Services are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ocean Active does not warrant that the Site or Services will be uninterrupted or error-free, that defects will be corrected, or that the Site or Services are free of viruses or other harmful components.

Limitation of Liability 

In no event shall Ocean Active or its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of or inability to use the Site or Services or any content on the Site, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.

Indemnification 

You agree to indemnify, defend, and hold harmless Ocean Active and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Site or Services or your violation of these Terms.

Termination 

Ocean Active may terminate or suspend your access to the Site or Services, in whole or in part, at any time, with or without notice, for any reason or no reason at all.

Governing Law and Jurisdiction 

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to these Terms or the Site shall be brought exclusively in a court of competent jurisdiction in the Republic of South Africa.