- a set of products and services offered by the Organizers, through the
- a natural person using the services of the Organizers, as well as running
their own profile on the Website, in which the Users describe their
experienced related to diving. The User, within the meaning of this Regula,
is also a natural person making a legal transaction with the entrepreneur
not directly related to its business activity or professional, submitting
the Order to the Organizer via the Website.
- legal relationship between the Company and the Organizer.
- websites, subwebsites, applications, tools and other devices of the
www.iliveunderwater.com website and its related entities and business
partners on which the Services are available.
- an entity conducting business activity in the field of organizing tourist
trips, in particular consisting in organizing diving courses, trips,
training and other events whose main purpose is diving, using the services
provided by the Company after accepting the registration application.
- information about the Organizer, in particular, the name of the
organizer, contact details, general information, range of services (diving
courses and training, individual and group services, equipment rental,
accommodation), prices of individual products (including VAT), logotype,
– an interesting place from a diving point of view in a specific country
- database of the Organizers and their tourist offers, in particular
related to diving, made available on the Website. The purpose of the
Platform is, in particular, to make Offer Offers available to Users to get
acquainted with the range of services offered by the Organizers.
Services - activities offered to the Organizers by the Company via the Website, in particular: publication of the Offer, submitting Applications to the Organizer, allowing adding comments and opinions on individual Organizers and their display.
- a personalized administration panel of the Organizer available after
successful registration and logging in via the Website
www.iliveunderwater.com - after providing a pre-determined login and
password, by means of which the Organizer may use the services provided by
the Company, including in particular publish Offers.
Company – I live in water joint-stock company with its registered office in Piła, at Kasztanowa 5A Street, 64-920 Piła entered in the Register of Entrepreneurs of the National Court Register kept by the Commercial Court in Poznań: District Court Poznań - Nowe Miasto and Wilda in Poznań, IX Commercial Department of the National Court Register, under KRS no 0000692593 (hereinafter: the Company), which provides electronic services on the Website.
Online Payments Systems
- PayPal (Payment Operator - PayPal Polska Spółka z ograniczoną
odpowiedzialnością (Ltd.) with its registered office in Warsaw, E. Plater
53, 00-133 Warsaw, registered by the District Court for the capital city of
Warsaw in Warsaw, XII Commercial Division of the National Court Register
under KRS number: 0000289372).
2. General provisions
1. The company I live in water joint-stock company with its registered
office in Piła, at Kasztanowa 5A Street, 64-920 Piła entered into the
Register of Entrepreneurs of the National Court Register kept by the
Commercial Court in Poznań: District Court Poznań - Nowe Miasto and Wilda
in Poznań, IX Commercial Department of the National Court Register under
KRS number 0000692593 (hereinafter referred to as "the Company") maintains
a database in which the Organizers make Offers available to Users. The goal
of the Platform is to make the opportunity for the Users to familiarize
with the Offer, then their analysis and selection of the best Offer for the
2. Only adults who are owners or authorized employees of the Organizer may
use the Platform run by the Company.
3. These rules and conditions apply to all services provided to the
Organizers by the Company related to the entry in the Offer database. The
Organizer will be notified of any changes to these terms and conditions via
its account. All agreements that amend or supply this terms and conditions
must be confirmed in writing by the Company.
4. The application in the relations between the parties of other general
terms and conditions of cooperation / agreements, for example established
unilaterally by the Organizer, is expressly excluded. The provisions of
this document may be specified / changed only in separate agreements
concluded between the Company and the Organizer.
5. The Company will publish on the Website this document in electronic
form, which may be download by the Organizers.
6. The Company is never a party to the Agreement, but only mediates in its conclusion. The Organizer is fully responsible for the implementation of the Agreement, unless a separate cooperation agreement is concluded between the Company and the Organizer, that will modify the provisions of these Regulations.
Organizer will not share Users' personal data with third parties and will
not contact the User for purposes other than those related to the
performance of the Agreements.
3. Subject of the Agreement
1. The subject of the contract is the registration of the Organizer and its
Offer to the online database and the change of the existing Organizer's
2. The contractual relationship is the result of registration made by the Organizer at www.iliveunderwater.com. The Organizer registers by entering the required data into the registration form, accepting the provisions of these regulations and accepting the provisions of the cooperation agreement whose content is presented to the Organizer each time in the registration process. After registration and payment of the subscription fee referred to in Chapter 7 of these Regulations, the account will be activated on the Website.
3. The Company accepts the terms of the contract by sending (by e-mail)
confirmation of successful registration on the Website.
4. Materials related to the Offer, unless the Organizer can independently
provide them, will each time send to the Company e-mail address:
a message with actual information. From the moment of the account
activating, the Organizer is obliged to check the amendments of the
submitted materials. Any errors, unless the Organizer is able to update /
correct / amend them on their own, should be immediately reported to the
5. The Company may reject the application for registration of the
Organizer. If the application is rejected, there is no legal connections
between the Company and the Organizer.
6. The Organizer is fully responsible for the correctness of his data.
Information and photographic materials sent by the Organizer to present the
Offer can not infringe the rights of third parties.
7. At the conclusion of the Agreement:
a. the Organizer grants the Company permission to use and process the Organizer Data by the Company, for example to databases, partner platforms or search engines, and grants the Company license and sub-license rights to third parties in the Organizer Data, having regard provisions of the Chapter 5 below;
b. the Organizer grants the Company permits to offer by the Company
additional services, and charging the Organizer with fees in connection
with these services. The Organizer has the possibility to refuse to provide
additional Services by the Company.
8. In order to cancel the Service, the Organizer should send an e-mail to
the Company (to the address: email@example.com) with information
about the resignation. The termination of the contract is effective as soon
as the Company send in a return e-mail message with the information about
the acceptance of the resignation. After the contract has been terminated,
the Organizer may request to remove its entry from the Website.
9. The Organizer may request removal of only data that has been made
available by him. Their removal will not affect materials made available by
third parties, in particular by the User.
10. The Company reserves the right to develop, change the feature,
functioning and available functions of the Platform as well as the entire
Website and to make corrections in the software. The Company will inform
the Organizer about the changes being made via the e-mail address indicated
by the Organizer during the account activation process. The Company is not
responsible for errors resulting from improper use by the Organizers from
4. Ratings, reviews, comments
1. Ratings, reviews and comments from third parties, in particular from
Users, are published on the Website as additional materials.
2. The Organizer cannot demand the removal of the assessment, review or
comment, if they do not violate the generally applicable law.
3. The Company is not responsible to the Organizer for the content of the
review and any negative effects thereof. The Company notify that reviews do
not reflect the Company opinion, but only Users opinions.
5. Guarantees of the Organizer and exemption from liability
1. The Organizer:
a. ensures that all equipment made available to Users meets the standards
required by law, and the services offered by the Organizers are completely
b. guarantees that has all the licenses, concessions and permits required
by law for the Organizers;
c. declares that is not in bankruptcy / liquidation, and does not conduct
restructuring proceedings. The Organizer also declares that is not a
subject to any criminal fiscal proceedings.
d. warrants that the Organizer's Data may be freely used and processed by
the Company without violating the intellectual property rights or other
rights of third parties and;
e. in the event of any third party makes a claim against the Company for
infringement of its intellectual property rights or other rights, the
Organizer undertakes to release the Company from any obligation to provide
such third party and fully take over the burden and the cost of defending
against such claims of a third party;
f. guarantees that the Agreements are implemented in accordance with the
Organizer's Data displayed on the Platform; and
g. assumes responsibility for claims reported by Users related to the
Organizer's proceedings or the manner of the Contract's implementation and
in the event of the User making a claim against the Company, the Organizer
undertakes the actions to release the Company from any obligation to
provide the User and fully take over the burden and cost of defending
against such claims.
2. In addition, the Organizer declares that the name of the domain to which
the redirection takes place does not violate the rights of third parties,
in particular the right to use the given name. The Company is not liable to
the Organizer for referring to the Organizer any claims by a third party in
connection with the violation of its rights.
3. The Company reserves the right to post links to other websites on the
4. The Organizer is obliged to immediately inform the Company in writing
about any changes to the given URL address (an e-mail is sufficient for
this). In the event of abandoning the above obligation the Company is not
liable for any damages resulting from the lack of updating the data.
5. The Company stipulates that materials sent by the Organizer, Users or
other third parties will not be verified.
6. The organizer bears full responsibility for materials present on the
Website. This responsibility also applies to materials on the Website to
which the URL address - provided by the Organizer - is redirected.
6. License Agreement
1. The Organizer grants the Company - unlimited in time and regionally,
non-exclusive, transferable and further licensing, free of charge - license
for all materials made available through the Platform. This applies
especially, but not exclusively, to photos, videos, texts and information.
2. The right to use the materials includes, in particular
a. the right to reproduce, make available and distribute, in especially to
offer public access to materials, unlimited duplication and presentation by
all available means, including in particular through digital integration
b. the right to publicly display materials, in especially to reproduce and
publicly reproduce them for commercial and non-commercial purposes via data
storage devices or other media, in particular using analog and digital
methods and techniques;
c. the right to advertising, in especially the right to use materials to
advertise websites not only on the Internet, but also on television and in
3. The right to use materials also allows to use their parts, as well as
combining them with materials of other origin.
4. The Organizer declares that is the owner of the transmitted content and
there are no restrictions in transferring them to the Company with
immediate effect. The Organizer also declares that the use of the materials
that were sent does not violate any rights of third parties. In addition,
the Organizer declares that the use of materials does not violate the
rights to protect the image of third parties, which means that the persons
in the pictures have consented to their use in accordance with generally
7. Payment for Services
1. As part of the Payment for Services, the Organizer shall pay for the
Company, taking into account the provisions and if necessary the scope of
the detailing contract made between the parties:
a. annual fee;
b. a commission for each Agreement (also in case of withdrawal by the
c. all administrative costs for each Agreement (also in case of withdrawal
from the Organizer);
d. all collection costs;
e. all interest charged on invoices not paid in due time; and
f. all administrative and other costs of using the Services that the
Organizer purchases from the Company.
2. The total amount will be determined by the Company through the registration panel. The price of the service depends on the service standards each time chosen by the Organizer in the registration process.
3. Amount arising from point 1 above, the Organizer may pay by using
methods available on the Website, in particular by paying a transfer via
the Online Payments System.
4. The Organizer will not be entitled to deduct the amounts due to the
Organizer in relation to the Company against the debts vested in the
Company against the Organizer. Until the Organizer settles payments to the
Company, the Company may withhold the provision of its Services to the
5. The Company does not store or process Organizers credit card
information. Payment is processed only by the payment service provider.
6. The Company, subject to the rights acquired by the Organizer and within
the limits permitted by applicable law, reserves the right to change the
prices of access to paid Services included in the Website's offer, carry
out promotional and rebate campaigns, including making changes to them.
Individual promotions and discounts do not add up. The changes do not
affect the temporary access to the Service previously purchased by the
8. The period of providing and resignation from the Services
1. The Company provides Services to the Organizer for a period of 12 months
counted at the first login - from the date of account activation and
receiving payment by the Company, with the extension of the Agreement for
the next 12 months - from the date of payment.
2. Regard to the Chapter 8 and the provisions of 6 Chapter 7, the Company
will provide for the benefit of the Organizer also after the indicated
period of 12 months, for the next 12 months, if the Organizer does not
terminate their provision (prolongation clause), at least 1 month before
the deadline. The Organizer is obliged to properly implement the Agreements
until their termination by the Company.
3. The Company may in any case terminate the provision of Services in
writing for one month (1) notice. The Organizer should fulfill the
Agreement until all payments have been made to the Company.
4. The Company may suspend the provision of Services if the Organizer
violates any provision of these Regulations or will act to the disadvantage
of the Company, in particular violating the reputation of the Company.
5. The Company may resign from providing the Services to the Organizer with
immediate effect if the Organizer:
a. breaches essential provisions of these Regulations,
b. provide incorrect or incomplete Organizer's Data or other information
required during registration; or
c. gets 5 negative reviews.
9. Responsibility of the Company
The Company does not bear any liability for damages against the Organizer,
unless it results from gross negligence or intentional guilt the Company.
The total liability of the Company towards the Organizer is limited to the
amount paid in such a case on the basis of the Company liability insurance.
If for any reason there is no payment under this insurance, all liability
will be limited to 250.00 (in words: two hundred fifty) euros.
10. Other provisions
1. Unless otherwise provided, the Company may unilaterally amend the
Regulations and publish it (updated version) on the Website. The Company
will send the Organizer a copy of the Regulations at the Organizer request,
submitted electronically. The Company undertakes to announce changes to the
Regulations for two months before they enter into force. The changes will
not apply to the Organizer if the given Organizer notifies the Company
within 2 weeks from the date of becoming aware of the changes that does not
accept the changes, in which case the Company may terminate the provision
of Services to the Organizer without the period of notice.
2. The legal relationship between the Company and the Organizer is subject
to Polish law, in particular the provisions of the Civil Code. Disputes
arising in connection with the provision of services covered by the
Regulations will be settled only by the court competent for the seat the
3. The Organizer may not pledge or transfer the rights and obligations
resulting from the provision of Services by the Company, including the
Service of payment to any third party, without the prior consent of the
Company. The Company may express the consent in question only in writing.
The Company may transfer or pledge the Organizer rights or obligations
arising from the provision of the Services, including Handling payments to
4. The Organizer should maintain confidentiality in relation to the
Services provided by the Company, in particular, cannot disclose any
information related to the provision of Services to third parties without
the prior consent of the Company expressed in writing.
5. If any provision of these Regulations is wholly or partially invalid,
unauthorized or unenforceable, such provision or its relevant part shall be
replaced by the corresponding statutory provision currently in force or
shall not be considered part of these Regulations, but shall not affect
validity, effect binding and enforceability of the remaining provisions of
Valid version: 19th of January 2018