FIT TO DIVE ltd

Terms and conditions

Please read the following terms and conditions of use before using our services. By using these services you are indicating your consent to these terms and conditions of use. If you do not agree to these terms and conditions of use please do not use these services (includes accessing the website).

Access to these services are subject to the following terms and conditions and all applicable laws. By accessing and browsing the site you accept without limitation or qualification these terms and conditions.

Please also note that to access this service:

You must be a scuba diver and hold a relevant license for scuba diving with a recognised professional dive training organisation.

This is not a scuba diving training agency. Courses and consultations do not teach scuba diving skills and only offer opinion on theory relating to diving. If you require instruction contact a local training centre or agency. To practice unfamiliar skills in-water seek the supervision and/or instruction of a suitably qualified professional.

Definitions 

• “consultation/online consultation” - refers to all of our online consultation services delivered via internet videocall, email and internet messaging services.  
• “content” - means text, files, images, videos, sound files and other materials contained in the website and online learning platform
• “course” -  course provided in person by the owner
• “discussion boards” - refers to online forums hosted by the company for educational purposes within the online learning platform or website. Including but not limited to Disqus, https://disqus.com/ which is integrate within our online learning platform.
• “online course” - course provided via the online learning environment, which may form part of in-person course or may be a stand alone course.
• “membership programme” - service in which users pay a monthly or annual fee to access a specific range of courses or online consultation programmes. Accessed via the online course platform.
• “online learning platform provider” -  is a company that provides a collection of online tools and services permitting educators to deliver courses over the internet. In these terms refers specifically to the Thinkific online learning platform (www.thinkific.com )
• “our online learning platform” - refers to the online area via which our courses, consultations and membership programmes are delivered. This area consists of a landing page, a view of all courses, consultations and membership programmes.  This site is called www.fittodive.org and is hosted by Thinkific. Users can set up their own Thinkific user account in order to access our online courses, consultations and membership programmes via Thinkific.
• “our services” – information, instructions or advice provided via website, online learning platform, email, internet messaging, voice and video calls or in person.  Courses and online courses, training, therapy and consultation.
• “owner/us/we” - refers to the owner of FIT TO DIVE LTD, the www.fittodive.org website and online learning platform.
• “Health Care Professionals Council (HCPC)” – body that regulates Clinical Psychology professionals in the UK.
• “British Psychological Society (BPS)” – society of psychology professions in the UK.
• “Disabled Divers International (DDI)” – scuba diving training organisation.
• “Divers Alert Network (DAN) & DAN Europe” –commercial insurer, charity and training organisation for accident prevention and emergency response.
• “Professional Association of Diving Instructors (PADI)” – scuba diving training organisation hereafter referred to as PADI
• “PADI Psychological Diver” – a course with in person and online components recognised by PADI as a distinctive specialty course.
• “Psychology for Scuba Divers” – a specific course accessed by the online learning platform.  This course covers the knowledge development section of the PADI Psychological Diver course. It is copyright of the owner and not a PADI product. 
• “user/you” – the person using our services including: courses, consultations and membership programmes accessed via the online learning platform; our website; services offered via email, internet messenger, internet voice and video call providers; in person courses.
• “website” - refers to www.fittodive.org and all subpages, domain and website hosted by Thinkific.

Owner Qualification, Registration and Roles

• The owner is a UK registered Clinical Psychologist, regulated by the HCPC and a chartered member of the BPS.  Within this role, the owner provides specialist Dive Psychology services to scuba divers in the UK and other countries where permitted by local laws.
• The owner is a professional scuba diving instructor, currently: PADI Master Scuba Diver Trainer / IDC Staff Instructor and PADI Speciality Instructor; DAN Instructor and DDI Instructor.  All PADI, DDI and DAN courses are provided within this role.  This includes PADI Psychological Diver.

Services

• The owner offers psychological services and information, specialising in issues affecting scuba divers. 
• These services are specified as
  • Website
  • Online courses and programmes
  • In-person courses
  • Online training
  • Online therapy
• Website - The purpose of the website is to provide access to information about services provided.  In addition, information relating to the psychological aspects of scuba diving is published in the form of web pages and blogs; and distributed to subscribers to the mailing list.
• Online courses and program – the owner offers information-only online courses and programs on topics that support divers to be mentally, emotionally and physically fit-to-dive.
• In-person courses - the owner offers diving instruction services in person, provided within recognised PADI, DDI & DAN education programs
• Online training - The owner provides online training to individuals and groups, via internet video or voicecall, as an Instructor/Educator.
• Online psychology /therapy - the owner provides online training to individuals and groups, via internet video or voicecall, in the professional role of Clinical Psychologist – with a specialist interest in issues affecting individuals in a scuba diving context and informed by the separate professional role of PADI MSDT / IDC Staff Instructor.
• For courses with an online component, in order to access the online course, you will set up an account within the online learning platform. This is for your personal use only and may not be transferred to any other person.
• Services via the website and online learning platform, internet messenger services and email have a degree of asynchrony.  In particular the online courses and programmes are accessed by the owner at regular intervals to update information and respond to users. This permits an affordable access to highly specialist consultation due to the volume of users and time requirement on us.   Services provided via instant messenger, voice and video call are synchronous and this is reflected in the fee.
• PADI Psychological Diver is offered by the owner and author of the course, Laura Walton.  The Psychology for Scuba Divers online course delivers the knowledge development section of the course and is a pre-requisite for certification as a PADI Psychological Diver.  The Psychology for Scuba Divers online course may be taken separately for information only, but does not meet the requirements for certification.  To receive certification the student must attend an in-person session and demonstrate that they have met the learning objectives.
• The owner provides the PADI Psychological Diver course, and associated instructor level training, independently.  It may be hosted by dive centres or other relevant organisations.
• All services including but not limited to courses and online courses, are non transferable.

Confidentiality of clinical services 

• Education, courses and group training (online or in person) are not private environments and not subject to confidentiality unless otherwise agreed.  The following terms apply only where an explicit clinical contract is in place.
• Clinical consultation and therapy are private and confidential services.
• Exceptions to confidentiality:
• ... client reports that client or another named person, is at risk of harm, then I may pass this information to a relevant person or organisation (e.g. ICE or GP).
• ... client discloses knowledge of criminal activity or information that relates to a statutory obligation, for example, safeguarding of children or terrorism.
• ... if instructed by a court.
• Relevant client information will be discussed in supervision & peer supervision, generally using client first name only.
• The service retains anonymised notes for case studies and examples to be used in training, or reports.  In the event these records are retained beyond the period for note retention, client identity is removed from these records. This is optional, declining will not impact on the service offered to the client.
• Other professionals - The service is private and confidential.  Other professionals, such as GP or healthcare, will not be notified or involved.  Exceptions include:
• … where contact is at the request of the client
• … as per confidentiality agreement
• … where there are specific reasons that other professionals need to be involved, for example in the case where client is known to be a vulnerable adult.

Intellectual property and copyright

• Copyright © 2020 FIT TO DIVE LTD
• Content contained in the website, courses and within the online learning platform is copyrighted and is the property of the copyright holder unless otherwise stated.
• License to use our website and online learning platform. You may:
  • view pages from our website and online learning platform in a web browser;
  • download or print pages from our website for your own personal use
  • Download materials specifically available for download within the online learning platform
  • stream audio and video files from our website and online learning platform, and
  • use our website and online learning platform by means of a web browser,
  • subject to the other provisions of these terms and condition
• You may share links to the publicly available website content , social media content and our  electronic newsletter.
• Except as expressly permitted by Section 3.3 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
• You may only use our courses, consultations and membership programmes for your own personal use and  not for any other purposes.
• You must not:
  • republish material from our website and online learning platform (including republication on another website);
  • sell, rent or sub-license material from our website and online learning platform;
  • show any material from our online learning platform in public;
  • exploit material from our website or online learning platform for a commercial purpose; or
  • redistribute material from our website or online learning platform.
  • redistribute  copyrighted content within courses with any  person.
  • record individual or group online video or audio calls.
• We reserve the right to restrict access to areas of our website and online learning platform at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website. In addition you may not transfer access to  transfer access to  courses you have purchased to any other person.  Allowing any other person to access courses, consultation and membership services via your username will constitute a breach of these terms and conditions.

Disclaimer

• Neither the owner nor any other party involved in the creation, production or maintenance of the site and learning platform and any content shall be liable under any circumstances for direct indirect consequential incidental damages arising from your access to the website and online learning platform and content held there in.
• The website and online courses are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.
• The owner may not be held liable under any circumstances for direct indirect consequential incidental damages arising from your access to our services, including dive instruction or guiding services.  Where applicable, an additional liability release will apply for all in water activities. 
• We disclaim any and all liability to you for the supply of the services to the fullest extent permissible under UK law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits, to you howsoever arising.
• Care has been taken to investigate the accuracy of information provided through our website, online platform and other services.  References are provided where appropriate.  We cannot provide any warranty for the accuracy, fitness for purpose and completeness.
• The company is not responsible for information provided by third parties and may not be held liable for any incidents accidents or financial losses sustained arising as a consequence of third party advice.
• Unless otherwise stated, courses hosted in the online learning platform and information in the website is intended for use by persons already holding a recognised certification in scuba diving.
• None of the content of the website or online learning platform is intended to replace training in diving and scuba diving activities. All users are advised to access training in person with a certified professional.   The owner will not be held liable for any incidents or accidents arising to persons acting on information or advice contained within the website or online learning platform and the owner will not be held responsible for any losses sustained.
• Online courses and online consultancy do not contain any scuba diving or other in-water activities. Those persons enrolling on an online course are advised to seek the supervision of a suitably qualified professional diving instructor should they wish to practice techniques in-water. The company will not be held responsible for accidents or incidents as arising from those activities provided by third parties.
• Any person who decides to practice techniques unsupervised shall do so at their own risk.
• Any provision of in-water activities by the owner will be subject to the standard terms and conditions set out by PADI. For all in water activities provided by us a separate agreement will be made  and this will include Statement of liability to be signed by participants.
• The company shall not be responsible for any issues arising from Third party service providers including but not limited to web service providers (e.g. Thinkific, Mailchimp), payment or accountancy services (e.g. Xero, Paypal and Stripe), computer equipment and software and all upgrades to the software,  and third party dive centres and clubs.  You shall be governed solely by the agreement between you and that party. 
• The company provides diving instruction in association with diving centres. The company shall not be responsible for issues or complaints arising from such third party service providers, including but not limited to equipment hire, cancelation or curtailment.
• The company shall not be liable for any information advice products services or opinions stated within third party materials to which links are provided on the website or to links are provided on the website online learning platform. These links are provided for information only and are not the property of the company

Termination of service

• You may end your use of our services, the website and/or online learning platform and mailing lists at any point. To unsubscribe from third party mail servers, including but not limited to MailChimp, please follow the instructions given at the end of each email.
• If you are enrolled on a course within the online learning platform and would like to terminate your course it is advisable to contact the company for advice and a discussion of any applicable refund prior to following the instructions within the online learning platform on ending your account.
• For any other services provided by the company such as courses or consultation please contact the company directly to advise your notice of termination.

Governing law

• Any dispute arising out of use of our services or these terms and conditions shall be governed by the laws of England, and the user and the company submit to the exclusive jurisdiction of the English courts. The company’s omission to exercise any right under these terms and conditions shall not constitute a waiver of such right.

Changes in agreement

• We reserve the right to alter these Terms and conditions at any time. If you have any questions on these Terms and Conditions then please do not hesitate to contact us.
  

Payment

• The owner offers a range of payment options, subject to the availability of services within the owner and user country.  These include third party payment services including but not limited to payment services Paypal and Stripe; and accountancy software Xero.
• Services booked directly with the owner will be invoiced.
• Services booked via the online learning platform will be by direct payment.
• Payment is due in advance, or on the day, of service use and in most cases will be via online payment.

Cancellation Policy

• Cancellation & non-attendance to consultation, therapy or training appointments:
• In the case client cancels within 48 hours of the appointment, no payment is due.
• In the case client cancels within 48 hours of the appointment, or does not attend, then payment for the cancelled appointment may be due. 
• Where the fees are paid by client’s insurers, the client may be liable to cover the cost of missed appointments.
• If you cannot attend a course on the date booked, we will make all reasonable attempts to reschedule your course. Please note that we may be constrained by our existing course schedule and availability of spaces.
• If you decide to cancel your in course booking entirely then:
• Your deposits are non-refundable.
• Late notice cancellation is within 7 days of the course start date. The full course fee will be payable for cancellations made within this time period.
• If you request to cancel owing to circumstances due the student’s ability to demonstrate the course performance requirements as set out in the PADI Course Standards, we will hold the course open for a period of up to 6 months from the course booking date. No refund will be made and you shall have no further claim against us.
• We shall not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control. These include, but are not limited to, acts of God, power failure, internet service provider failure, industrial action, war, fire, explosion, acts of terrorism, governmental action, epidemic or other natural disaster, or any other event that is beyond our control, and we shall be entitled to a reasonable extension of Our obligations. If the delay persists for such time as we consider unreasonable, we may, without liability on our part, terminate the contract.
• If you have received a discount for booking several courses at once and you then cancel your place on one or more of those courses we reserve the right to reduce or remove your multiple course booking discount.

Cancellation,  postponement or alterations to services 

• In the case of consultation, therapy or training appointments: If the service needs to cancel and re-arrange an existing appointment, no payment is due.  Client fee will be returned or carried over to the next appointment as per client agreement.
• Our services: It may be necessary for the owner to change the content and timing of a course, the date or the venue.   In the unlikely event of the course being cancelled by us, a full refund will be made unless You transfer Your booking to an alternative date/venue for the course. For all bookings, Our liability shall be limited to the amount of the fee actually paid to Us by the You. For this reason, You are encouraged to not to book travel or accommodation more than two weeks prior to any course date. In the unlikely event of an alternative being unavailable, a full refund will be made.
• In person courses and in water activities: It may be necessary for the owner  to change the content and timing of a course, the date or the venue.   In the unlikely event of the course being cancelled by us, a full refund will be made unless You transfer Your booking to an alternative date/venue for the course. For all bookings, our liability shall be limited to the amount of the fee actually paid to us by you.
• It may be necessary for the owner to change the content and/or timing of services accessed online, including but not limited to courses, consultations and membership programmes.  In most instances this will be to improve the service to reflect feedback and user contributions.  The owner provided no warranty that information accessed in the online learning platform or website will be available indefinitely.
• Safety is our prime concern. We therefore reserve the right to cancel or postpone your course in the circumstances below. In all circumstances we will reschedule the activities to complete your course to another mutually acceptable date.
• Weather and water conditions unsuitable for diving:  We select dive sites that we know to be suitable to the course requirements. We also check weather and tide forecasts in advance. However, on rare occasions it may be necessary to halt or cancel diving activities for a short time or for the day. We make all effort to notify divers in advance, however, conditions can change and this is beyond our control.
• Staff availability: here are formal ratios for the number of staff required to deliver diving courses. These are set out by HSE and PADI and we are obliged to adhere to these. We will arrange for the appropriate staff to be present and ready to conduct courses. However, on rare occasions availability may change, for example due to staff illness.

Communication & Interaction

• Channels of communication: Correspondence is via email or through associated professional social media pages (i.e. Facebook).  In the case of clients seeking psychological services, email is the advised method of contact.  For students enrolled on courses, discussion of the course content and relevant topics is via course discussion boards.
• General email correspondence is mainly for administrative purposes and organization of appointments or courses.  Links or documents containing relevant information may also be sent.  If email is to be used to discuss clinically relevant information, then the need for security will be discussed, and an agreement made to use secure email services or cloud file/folder sharing.
• In the case that a client in therapy ceases contact without notification:
• Risk assessment will be reviewed and acted upon.  Only where there are specific indicators of risk will action to contact relevant parties be considered as an option.
• An email will be sent to the client to follow up and request clarification of client wishes re re-arrangement. 
• If the client does not respond, then it will be assumed they do not want further contact and no further efforts will be made to communicate with them for clinical reasons.
• If there is outstanding payment due, then requests for settlement of fees will be requested. 
• Social media policy: there are professional Facebook pages and groups, which you may join.  Communication with you in your role as a client is via professional pages. 

Urgent support & crisis

• There is no provision for urgent support.  For courses and programmes, urgent support is beyond the remit of the services.  For consultation and therapy, the remote nature of online practice means lack of links to local statutory services. 
• Clients seeking therapy are informed of this in advance of contract.  If you are likely to require crisis support, you are advised that this service is not appropriate and to seek appropriate local services. 

Contact details

• The website and online learning platform are owned and operated by FIT TO DIVE LTD to contact us please email fittodive@pm.me

Last revised 26 12 2020

By accessing this service you are agreeing that you accept the Terms and Conditions.