Terms and Conditions


Welcome to Dive Air!

Last Updated: June 25, 2023

 

Thanks for using our products and services (“Services”). The Services are provided by Dive Air Ltd. (“Dive Air”), founded in Maple Ridge, BC, Canada. By using our Services, you the (“User”) are agreeing to the following terms. Please read them carefully.

The User hereby declares that they are:

1. Business and Indemnification

If you are using our Services on behalf of a business (“Business”), that Business accepts these terms and conditions as well.

The Business and/or the User will indemnify, and hold harmless Dive Air Ltd, its affiliates, agents, owners, and employees, collectively referred to as ’The Indemnified Parties,’ from and against any and all claims, demands, suits, actions, judgments, damages, losses, liabilities, costs, and expenses (including, but not limited to, reasonable legal fees and costs such as attorneys’ fees, court costs, and other litigation expenses) arising out of or in relation to:

This indemnification obligation will survive the termination or expiration of these terms and conditions and the cessation of The Indemnifying Party’s use of our Services.

2. Equipment

Users must inspect all relevant eqiupment prior to using our Services. If any equipment is not working properly, the User agrees they will not scuba dive and will not use our Services until that equipment is replaced or repaired by a certified party. If the User notices Dive Air equipment is damaged or not working correctly the user agrees to report such damage or loss of functionality to Dive Air by visiting www.diveair.ca/REPORT and following the instructions. The User will not hold Dive Air Ltd responsible for any failure to inspect equipment prior to scuba diving.

Only valid scuba tanks should be filled using our air fill service. A valid scuba tank requires a valid Hydrostatic Test and a valid Visual Inspection obtained from a qualified person or entity. The Hydrostatic Test Date (“HYDRO”) and Visual Inspection Date (“VISUAL”) must be recorded on every valid scuba tank according to industry standards. Additionally a valid scuba tank should be undamaged and have a functional o-ring. The user certifies they will not attempt to fill any non valid scuba tanks using our Services. The User should refer to and/or visit our Help Guide for help with reading their Scuba Tank’s safety relevant information. If a User has any doubts regarding the safety and/or safety relevant information of any scuba tank they intend to use or fill, the User should assume this tank is not considered a valid scuba tank until the user can verify otherwise by consulting with an appropriately trained and/or qualified expert.

The User agrees that improper use of a Filtered Scuba Air Fill Station can result in a dangerous air rupture event which can cause serious harm , injury, loss, damage, or loss of life to persons or property. The user is prohibited from attempting to fill non valid scuba tanks using our Services. If an air rupture event occurs, Dive Air’s engineering barriers (“Barriers”) are reasonably in place to attempt to reasonably mitigate the effects of such an event . The User acknoweldges and accepts that Dive Air’s engineering measures may not be fool proof and may be subject to potential failure under extreme conditions. The User accepts this as a reasonable risk when using our Services. Triggereing an air rupture event may result in the User being banned from using Dive Air’s Services and Dive Air reserves the right to not issue a refund.

Furthermore, in the unlikely event a tank rupture occurs while the User is using our services, the User agrees to hold harmless and indemnify Dive Air Ltd and its affiliates, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

3. Maintenance

Dive Air reserves the exclusive right to, at its discretion, periodically conduct maintenance, upgrades, inspections, repairs or replacements (“Maintenance“) on its Filtered Scuba Air Fill Stations, and/or any other equipment, systems, or properties (collectively referred to as “Dive Air Equipment“) owned, operated, or controlled by Dive Air or its partners as part of our Services. During these periods of Maintenance, the User, has a duty to refrain from any and all interference, direct or indirect, with the Maintenance process or personnel engaged in the Maintenance. The User expressly acknowledges this duty and agrees to fully respect the Maintenance process and personnel by avoiding any action and/or act that may pose any risk of creating interferance with the Maintenance and/or personell. In the event of any interference, attempted interference, or actions that may disrupt or hinder the Maintenance process by The User, The User assumes all liability and responsibilities, legal, financial or otherwise, resulting from these interfering actions and/or acts. By accepting these Terms and Conditions, The User expressly agrees to this clause and its implications.

4. Systems Interference

Any deliberate interaction, with the intention of causing damage or disruption, by any individual or entity (hereafter referred to as “The Party“), excluding any acts carried out by Dive Air maintenance personnel, owners, directors, and employees while performing their defined job responsibilities, with any equipment, systems, or properties owned, operated, or controlled by Dive Air, constitutes a breach of these Terms and Conditions. The term “interaction“ is limited to handling, manipulating, altering, defacing, or causing damage to Dive Air Equipment in a manner that is not part of its normal operation or maintenance.

By entering the premises occupied by Dive Air Equipment or coming within reaching distance of Dive Air Equipment, The Party and The User implicitly agree to and accept these Terms and Conditions. The Party and The User acknowledge that they may be held legally and financially accountable for any damages that arise from such actions.

Any such action taken by a User or Party, designed to damage, disrupt, or otherwise harm any Filtered Scuba Air Fill Station(s) or any other Dive Air system(s), equipment, or property, will be considered a potential breach of these Terms and Conditions. Dive Air retains the right to assess the nature of these actions on a case-by-case basis and to determine the appropriate response.

The User explicitly acknowledges and agrees that such damaging actions could have severe, even life-threatening consequences. Such actions are prohibited and may be punishable by law, including, but not limited to, civil liability and penalties. By being present on Dive Air premises or within reaching distance of Dive Air equipment, the User affirms their understanding of the potential legal implications of such damaging actions and agrees not to carry out such actions, nor to enable others to do so.

If a User does not agree to these Terms and Conditions, they are instructed to not use Dive Air Services and to stay physically away from all Dive Air Equipment and premises. If a User disagrees with these terms yet continues to use Dive Air Services, Dive Air is not liable for any damages, injury, or legal consequences arising from such use.

5. Eligibility and Certification Requirement

Our services are exclusively intended for use by certified scuba divers. By registering for and using our services, you represent and warrant that you are a certified scuba diver in good standing. Each User has an obligation to provide valid proof of their scuba certification upon registration for our services. We reserve the right to suspend or terminate any User's access to our services if we determine, at our sole discretion, that a User has failed to provide valid proof of scuba certification or is otherwise in violation of this requirement.

6. Services

Dive Air does not alter nor change the chemical balance of the breathable air coming through the scuba compressor that fills the users scuba tank. Our compressed air is filtered and dried using a filtration system appropriate for scuba diving. Our compressor system only uses breathing quality lubricants appropriate for scuba diving compressors and our compressor lubricant is changed during appropriate maintainance intervals. Our filter cartidges are also changed during appropriate maintainance intervals.

We make reasonable attempts to monitor the compressed air as it is being delivered. Our system monitors for carbon monoxide and reasonably attempts to ensure that carbon monoxide levels in delivered air remain below a 5 parts per million (5ppm) threshold. However, we cannot control the external air quality at each of our locations. Dive Air does not recommend use of our system if any vehicles are seen idling nearby or if nearby air quality is poor.

Given our system’s may fail occasionally, we strongly recommend the User inspects the delivered air and has the delivered air tested prior to scuba diving. We reccomend that Users test their scuba tank air with an appropriately certified air quality testing kit to check air quality before use or have it tested by an appropriate specialist.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services. 

You must follow any policies made available to you within the Services. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct. 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices or warnings displayed in or along with our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. Some of those communications are necessary to deliver our Services to you. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

7. Your Dive Air Membership

You may need a Dive Air membership in order to use some of our Services. You may create your own Dive Air account at www.diveair.ca. To access Scuba specific Services, please visit the My Scuba section of your account and follow instructions to activate and access these Services. New members are granted a complimentary trial of our Scuba specific Services. Only one complimentary trial is permitted per individual User. Any attempts to generate more than one complimentary trial may force us to suspend or stop providing our Services to you.

Once you have activated the Scuba specific Services you may use the generated QR code by scanning it at our Dive Air Filtered Scuba Air Fill Stations. After scanning your QR code our system will prompt you for your Diver Access Pin. This is how you access your Membership at our on site locations. Once you have used your complimentary trial Air Fill you may purchase one of our Membership Tiers from the options available at www.diveair.ca or at each Filtered Scuba Air Fill Station to continue using our Scuba Tank Air Fill Membership Service(s). If you forget your Diver Access Pin you may find it or change it under the My Account section of your account. It is your responsibility to keep your Diver Access Pin secret and confidential. We do not recommend sharing your QR code or Diver Access Pin with anyone.

8. Membership Access Interval

Subscribing to one of our Membership Tiers triggers the User's Membership Access Interval which begins once the User's Membership Tier has been purchased and ends whenever it is cancelled or voided. During each Membership Access Interval, our Services are made available to the User subject to any Service outages or interruptions.

9. Service Access Interval

Once your Membership Access Interval has been initiated, each Membership Tier will grant the User a Service Access Interval which represents a time interval that will expire each month on or around the User's Membership Tier Renewal Date, unless it is renewed either by our recurring billing service or manually by the User. If the User purchases a Membership Tier after the 28th of any given calendar month, the Membership Tier Renewal Date will default to the 28th of the next month. For example, if a User purchases their Membership Tier on the 29th of June, the Membership Tier Renewal Date will be set to the 28th of July. Likewise, if they purchase their Membership Tier on the 30th of July, the Membership Tier Renewal Date will be set to the 28th of August, and this pattern continues for subsequent days greater than 28 of any given calendar month. If a User purchases a Membership Tier on any day before the 28th of a given month, the Membership Tier Renewal Date will be set to the same day of the following month. For example, if a User purchases their Membership Tier on the 3rd of January, their Membership Tier Renewal Date will be set to the 3rd of February. Likewise, if they purchase it on the 5th of March, the Membership Tier Renewal Date will be set to the 5th of April, and this pattern continues for subsequent months.

10. Fill Points

While using your Membership you may access Air Fills at our Filtered Scuba Air Fill Stations using our Fill Points System if available. Each size of Valid Scuba Tank has a Fill Point cost associated with it. You can access your Membership Tier’s available Air Fills using the allotted Fill Points which your Membership Tier grants to you during each Service Access Interval. Our system may alter the Fill Point Cost associated with each size of Valid Scuba Tank while delivering the Service(s) to you. We do our best to benefit you when the Fill Point cost is altered. Our Services may not be available 100% of the time, we will do our best to limit Service Interruptions and will do our best to restore any interrupted Services and we ask for your patience.

Each Membership Tier will grant you access to discounted monetary Air Fills at your Membership’s Discounted Rate after your available Fill Points are delpleted. Our system does its best to help you use up all of your Fill Points prior to making additional monetary Air Fills available to you. Each Membership Tier defines the number of fills a user can gain access to and calculates this number based off of the standard sized 80 cu. ft. Scuba Tank with a service pressure of 3000psig which represents 1 Fill Point and equates to 1 Air Fill at Dive AIr Filtered Scuba Air Fill Stations.

In the event a User does not access all of their Membership Tier’s allotted Air Fills by not using all of their membership Tier’s allotted Fill Points before the Service Access Interval expires, the Air Fill access represented by any unused Fill Points is voided and the Fill Point Total will be recalculated according to the next Service Access Interval's Fill Point Replenishment, if any.

11. Fill Point Replenishment

Any purchased membership subscriptions will automatically renew or recalculate according to their specified terms and upon confirmation of payment will fully replenish the Membership Tier’s allotted Fill Points on or around the posted Membership Renewal Date unless you cancel or void them.

12. Filtered Scuba Air Fill Stations

Currently available Dive Air Filtered Scuba Air Fill Stations can be located using the map feature found at www.diveair.ca. Each Filtered Scuba Air Fill Station has multiple posted warnings and instructions on it. It is the User's explicit responsibility to read and understand all posted instructions and warnings prior to using any Filtered Scuba Air Fill Station and to use DIVEAIR Services responsibly. Each User explicitly agrees to never falsify any safety relevant information including but not limited to Scuba Tank Specific Visual Inspection Date and Hydrostatic Inspection Date information when interacting with or providing it to any DIVEAIR Service(s) including but not limited to the User Interface of any Filtered Scuba Air Fill Station.

13. Map Features

Our map features allow Membership holders to suggest new service locations using a double-click map functionality. Members can also vote on previously suggested locations by clicking on the gray location pins and can provide naming suggestions for each Dive Site they suggest. Dive Site specific weather data is displayed in the top right hand corner of our map when any particular Dive Site or Suggested Dive Site is clicked. We do our best to ensure the accuracy of the weather data, however we cannot guarantee it will be 100% accurate. It is the User’s responsibility to always confirm the accuracy of weather data before relying on it. Our weather features also provide access to a 7 day forecast when available which may be accessed by clicking the weather widget in the top right corner of our map feature.

14. Dive Site Info

Users can access more information about each Dive Site location by clicking on a particular dive site and selecting the More Info button. Users can navigate between Dive Sites using our custom navigation sliders and Registered Members can rate each Dive Site once for difficulty and star quality. Always be aware that local conditions may change day by day and although we do our best to maintain accurate Dive Site Specific Information, it may differ from daily real world conditions. Please be cautious and verify information provided. Please inform us using our www.diveair.ca/REPORT form of any discrepancies you may notice. We will do our best to verify your input and act on it accordingly.

15. Account

To protect your Dive Air Account, keep your password secure and confidential. You are responsible for the activity that happens on or through your Dive Air Account. Try not to reuse your Dive Air Account password on third-party applications. If you learn of any unauthorized use of your password or Dive Air Account, notify us immediately and change your account password. Dive Air staff will never ask you for your Account Password, Diver Access Pin, or Receipt Access Pin.

16. Privacy and Copyright Protection

Dive Air’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that Dive Air can use such data in accordance with our Privacy Policy.

17. About these Terms 

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on diveair.ca. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Dive Air Ltd and the User. They do not create any third party beneficiary rights. If the User does not comply with these terms, and we don’t take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. For information about how to contact Dive Air, please visit our contact section.