Terms of service

OVERVIEW

This website is operated by DayDayGoodDays. Throughout the site, the terms “we”, “us” and “our” refer to DayDayGoodDays. DayDayGoodDays offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here (the "Services"). DayDayGoodDays is powered by Shopify, which provides us with the online e-commerce platform that allows us to provide Services to you.

These Terms and Conditions, and any policies referenced herein (collectively, these "Terms of Service" or "Terms"), govern your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including disclaimers and limitations of liability.

By visiting our site, interacting with our Services, or purchasing something from us, you agree to be bound by these Terms of Service and our Privacy Policy [Link]. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use this site on devices you own or manage. To use certain Services, you may be required to provide information such as your email address, billing, payment, and shipping details. You warrant that all information provided is accurate, complete, and current. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer or sell your account to any other party.

SECTION 2 - OUR PRODUCTS AND SERVICES

We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations. Descriptions of products and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. DayDayGoodDays provides scuba diving tours, snorkeling/discover scuba diving trips, diving courses, and online merchandise. We reserve the right to refuse service to anyone for any reason at any time.

SECTION 3 - ORDERS

An order placement constitutes an offer to purchase. DayDayGoodDays reserves the right to accept or decline your order at our sole discretion. A contract is formed only once we confirm acceptance. We must receive and process payment before an order is accepted. Please check your order carefully before submission; once accepted, it may not be possible to cancel. Purchases are subject to our Refund Policy [Link]. You represent that purchases are for personal or household use only and not for commercial resale or export.

  • Bookings: You can book via the website or in person. A deposit or full payment may be required at the time of booking.

  • Payments: We accept credit cards, PayPal, and cash. Prices include stated taxes.

  • Cancellations: See our Refund Policy here: https://daydaygooddays.com/en/policies/refund-policy

  • No-Show: No refunds will be given for no-shows or cancellations on the day of the activity.

  • Weather/Safety: If we cancel due to weather or safety, a reschedule or full refund will be offered.

  • Eligibility: No refunds if a customer cannot participate due to undisclosed health or age issues. Refunds take 7-14 business days.

SECTION 4 - PRICING AND BILLING

Prices for our products are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Unless stated otherwise, prices do not include taxes, shipping, or customs duties. You agree to provide current, complete, and accurate purchase and account information. You represent that (i) credit card information is true, (ii) you are authorized to use it, and (iii) you will pay the total cost incurred.

SECTION 5 - SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times are estimates. Risk of loss and title for products pass to you upon delivery to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

All content, including trademarks, logos, text, images, and video, is the property of DayDayGoodDays, its affiliates, or its licensors. You are granted a limited license for personal, non-commercial use only. Any unauthorized reproduction or distribution is strictly prohibited.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge that we provide access to such tools ”as is” and “as available” without any warranties of any kind.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of third-party materials. Any use of third-party sites is at your own risk.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

DayDayGoodDays is powered by Shopify. However, your transaction is directly with DayDayGoodDays. You agree that Shopify is not responsible for any issues arising from your purchase and you release Shopify from any claims related to your transaction with us.

SECTION 10 - PRIVACY POLICY

Personal information collected is governed by our Privacy Policy [Link] and, in some cases, Shopify’s Privacy Policy [Link] . By using the Services, you acknowledge that your data may be transferred to and processed in countries outside of your own.

SECTION 11 - FEEDBACK

If you submit suggestions or feedback, you grant us a royalty-free, perpetual license to use, edit, and distribute that content in any medium. We are under no obligation to maintain feedback in confidence or pay compensation. We may remove content we deem offensive or illegal.

SECTION 12 - ERRORS AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors or inaccuracies related to product descriptions, pricing, or availability. We reserve the right to correct errors and change information without prior notice.

SECTION 13 - PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, to infringe on intellectual property, or to upload viruses or malicious code. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

SECTION 14 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. We may terminate this agreement at any time without notice.

SECTION 15 - DISCLAIMER OF WARRANTIES

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. The service and all products are delivered 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind.

SECTION 16 - LIMITATION OF LIABILITY

In no case shall DayDayGoodDays, our directors, employees, or affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, or consequential damages of any kind arising from your use of any of the service or any products procured using the service.

SECTION 17 - INDEMNIFICATION

You agree to indemnify and hold DayDayGoodDays and our partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision shall not constitute a waiver. These Terms constitute the entire agreement between you and us.

SECTION 20 - ASSIGNMENT

You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations at any time without notice.

SECTION 21 - GOVERNING LAW

These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the jurisdiction where DayDayGoodDays is headquartered.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

We reserve the right to update these Terms at any time. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

SECTION 24 - USER RESPONSIBILITIES

  • You are responsible for providing accurate information during booking.

  • You must follow all safety instructions provided by DayDayGoodDays staff.

  • You are responsible for your own safety and health during any diving activities.

  • You must possess the necessary certifications and meet health/age standards for diving.

SECTION 25 - EQUIPMENT RENTAL

Rented equipment must be returned in the same condition as received. You are responsible for any damage or loss of rented equipment. A deposit may be required.

SECTION 26 - RELEASE OF LIABILITY

Diving is an inherently risky activity. By participating in any DayDayGoodDays activity, you acknowledge and accept these risks. You agree to release DayDayGoodDays and its staff from liability for any injury or loss. A Liability Release form must be signed before participating.

SECTION 27 - THIRD-PARTY LINKS

DayDayGoodDays is not responsible for the content or privacy practices of third-party websites linked on this site.

SECTION 28 - APPLICABLE LAW

These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes shall be subject to the exclusive jurisdiction of the courts of Japan.

SECTION 29 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at: hi@daydaygooddays.com. Address: 27 Maeganeku, Onna, 2/F, Kunigami, JP-47, 904-0414.