Terms of service

TERMS OF SERVICE

Last updated: 8 September 2026

OVERVIEW

Welcome to Dive360.

The terms “Dive360”, “we”, “us” and “our” refer to Tango Lima Limited, trading as Dive360, NZBN 9429046325273. Tango Lima Limited operates this online store and website under the Dive360 trading name and is a trader operating in New Zealand.

Our website, together with the information, content, features, tools, products and services available through it, are referred to in these Terms as the “Services”.

Dive360 is powered by Shopify, which provides the ecommerce platform that enables us to offer the Services to you.

These Terms of Service, together with the policies referred to in them, explain your rights and responsibilities when you access our website, create an account, place an order or otherwise use our Services.

Please read these Terms carefully before using our Services.

By accessing or using the Services, or by placing an order with Dive360, you agree to these Terms of Service and acknowledge our Privacy Policy

New Zealand consumer rights

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, or any other New Zealand law where those rights or remedies cannot lawfully be excluded, restricted or modified.

If there is any inconsistency between these Terms and a right you have under applicable New Zealand law that cannot lawfully be excluded, the law will prevail.

SECTION 1 – ACCESS AND ACCOUNT

You may browse our website without creating an account.

To purchase products or access certain features, you may be asked to provide information including your name, email address, billing address, shipping address and payment information.

You agree that information you provide to us will be accurate, current and complete and that you have the right to provide that information.

If you are under 18 years of age, you may only place an order with the involvement and consent of a parent or legal guardian.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for activity carried out using your account where that activity is reasonably within your control.

You must notify us promptly if you believe your account has been accessed without authorisation.

You may not sell, transfer or assign your Dive360 customer account to another person.

SECTION 2 – OUR PRODUCTS

We take reasonable care to ensure that product descriptions, specifications, images, pricing and other information displayed on our website are accurate and up to date.

However, there may be minor differences between how a product appears on a screen and how it appears in person. For example, colour may vary depending on your device, screen settings, lighting or manufacturer imagery.

Product images may sometimes include accessories or other products for illustrative purposes that are not included with the product being sold. The product description will identify what is included where this is relevant.

Manufacturers may also update packaging, colours, specifications or product details from time to time.

Nothing in this section affects your rights where a product does not correspond with its description, is not of acceptable quality, is unsafe, is not fit for its normal purpose or a particular purpose made known to us, or otherwise fails to meet a guarantee applying under the Consumer Guarantees Act.

Diving, snorkelling and water-sports equipment

Some products sold by Dive360 are specialist or safety-related products that may require appropriate training, fitting, configuration, maintenance, servicing or knowledge to use safely.

You are responsible for using products in accordance with manufacturer instructions, applicable training standards and appropriate diving or water-sports practices.

Product information provided through our website is general product information and is not a substitute for appropriate training, professional instruction or manufacturer guidance.

Nothing in this paragraph limits Dive360's responsibility to supply products that meet applicable consumer guarantees, including guarantees relating to safety, acceptable quality, fitness for purpose and correspondence with description.

We may change our product range, discontinue products or introduce reasonable purchase quantity limits.

SECTION 3 – ORDERS

When you place an order through our website, you are making an offer to purchase the products in that order.

An automated order acknowledgement or payment authorisation does not necessarily mean that we have accepted your order.

We may decline an order before acceptance for legitimate reasons, including:

  • a product being unavailable;

  • an obvious pricing or product information error;

  • payment being declined or unable to be verified;

  • suspected fraudulent or unauthorised activity;

  • delivery not being reasonably available to the address supplied;

  • reasonable quantity or resale restrictions; or

  • a legal or regulatory requirement preventing us from supplying the product.

If we decline an order after payment has been taken, we will refund the amount paid for the affected product or order using the original payment method unless another method is agreed with you.

We will not cancel or decline an order for the purpose of avoiding our obligations under New Zealand consumer law.

Please check your order carefully before submitting it.

If you wish to change or cancel an order after it has been placed, contact us as soon as possible. We will try to accommodate your request, but may not be able to do so once an order has been processed, packed or dispatched.

This does not affect any rights you may have under the Consumer Guarantees Act or our Refund & Returns Policy.

SECTION 4 – PRICES, GST AND PAYMENT

Unless clearly stated otherwise, prices displayed for New Zealand customers are in New Zealand dollars (NZD) and include Goods and Services Tax (GST) where GST applies.

Delivery charges and any other applicable charges will be clearly disclosed before you complete your purchase.

Dive360 currently ships within New Zealand only. If international shipping is introduced in the future, any applicable customs duties, taxes, import charges and other relevant conditions will be disclosed in our Shipping Policy or during the purchasing process.

Prices, promotions and discounts may change from time to time.

The price applicable to an accepted order will normally be the price displayed when the order was placed, subject to Section 12 regarding genuine errors.

Any advertised price comparison, discount, recommended retail price or promotional saving is intended to be accurate and must be read together with any clearly disclosed conditions applying to the promotion.

Different promotions or pricing may apply through different sales channels where this is clearly disclosed.

You agree to provide current and accurate purchase and payment information.

You confirm that you are authorised to use any payment method you provide.

Gift cards

Where Dive360 sells gift cards to consumers, their expiry and presentation will comply with applicable New Zealand law.

Where the statutory gift-card expiry requirements apply, a Dive360 gift card will have an expiry period of no less than three years from its date of sale, unless a longer period or no-expiry arrangement is offered.

Any applicable expiry information will be displayed as required by law.

SECTION 5 – SHIPPING AND DELIVERY

Delivery information, including available delivery methods, estimated delivery times and applicable charges, is set out in our Shipping Policy.

Delivery timeframes displayed on our website are estimates unless we expressly agree to deliver your order by a particular date or within a particular period.

Where Dive360 is responsible for delivering or arranging delivery of goods to you, the Consumer Guarantees Act provides a guarantee that the goods will be received within the agreed timeframe or, if no timeframe has been agreed, within a reasonable time.

Where we arrange delivery, we remain responsible for our delivery obligations even where we use a courier, freight company or other third-party carrier.

If a delivery is delayed, lost or damaged while being delivered by a carrier arranged by Dive360, please contact us so that we can investigate and provide any remedy required under applicable law.

We may not be responsible for a delay caused by circumstances genuinely outside our reasonable control, to the extent permitted by law. However, nothing in this clause removes any remedy you may have under the Consumer Guarantees Act or other applicable law.

Where we arrange delivery, risk in the goods will not pass to you merely because we have handed them to our courier or carrier. Risk will generally pass when the goods are delivered to you, your nominated recipient, or the delivery location you have authorised.

You are responsible for providing an accurate and reasonably accessible delivery address.

SECTION 6 – INTELLECTUAL PROPERTY

The content forming part of our Services, including trademarks, branding, text, graphics, photographs, product information, reviews, video, audio, website design and other content, may be owned by Dive360, Shopify, product manufacturers, suppliers or other licensors.

This material is protected by applicable New Zealand and international intellectual property laws.

You may access and use our website for your own personal and lawful purposes.

Unless permitted by law or expressly authorised by us or the relevant rights holder, you must not reproduce, distribute, commercially exploit, modify, republish or create derivative works from material available through the Services.

Dive360's names, logos, branding and original designs may not be used in a way that suggests endorsement, affiliation or sponsorship without our prior written permission.

Shopify's name, logo and associated trademarks belong to Shopify or its licensors.

Other product names, trademarks and logos appearing on our website belong to their respective owners.

SECTION 7 – OPTIONAL AND THIRD-PARTY TOOLS

We may provide access to tools, payment services, applications, integrations or functionality operated by third parties.

Third-party tools may be subject to separate terms and privacy policies provided by the relevant provider.

We do not control every aspect of these third-party services and, to the extent permitted by law, are not responsible for failures or issues arising solely from services operated independently by a third party.

Before using an optional third-party tool, you should review any applicable terms provided by that provider.

Nothing in this section excludes any responsibility Dive360 has to you that cannot lawfully be excluded.

We may introduce, modify or discontinue website features and tools from time to time.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to websites or content operated by third parties, including manufacturers, suppliers, social-media platforms and information providers.

A link does not necessarily mean that Dive360 controls or endorses the third-party website or all information appearing on it.

We are not responsible for the content, security, privacy practices or availability of third-party websites that are outside our control.

If you purchase a product or service directly from a third party after following a link from Dive360, that transaction may be governed by the third party's own terms and conditions.

Nothing in this section affects your rights in relation to products or services actually supplied to you by Dive360.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Dive360 is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Dive360.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Dive360, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Dive360.

SECTION 10 – PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy and applicable New Zealand privacy law.

Our Privacy Policy explains, among other things:

  • what personal information we collect;

  • why we collect it;

  • how we use and disclose it;

  • the service providers and technology platforms we use;

  • circumstances in which information may be processed or stored outside New Zealand;

  • how you may request access to or correction of your information; and

  • how to contact us about privacy matters.

Because our ecommerce Services are hosted by Shopify, Shopify processes certain personal information in order to provide those Services.

Certain information may also be processed by service providers such as payment providers, delivery providers, analytics services and advertising or marketing platforms where those services are used by Dive360.

You can also review Shopify's own privacy information through Shopify's website.

SECTION 11 – REVIEWS, FEEDBACK AND USER CONTENT

If you voluntarily submit a product review, photograph, comment, suggestion, feedback or other content to Dive360 (“Feedback”), you confirm that you have the right to submit that content.

You grant Dive360 a worldwide, non-exclusive, royalty-free licence to use, reproduce, publish, display, adapt and distribute that Feedback for purposes connected with operating, improving and promoting Dive360 and its products and Services.

This licence does not override rights you may have under applicable privacy or other law.

If you received any payment, free product, discount or other incentive in connection with a review or endorsement, you must disclose that relationship where required.

Feedback must not:

  • infringe another person's intellectual property or privacy rights;

  • be knowingly false or misleading;

  • be defamatory, threatening, abusive or unlawful;

  • contain malicious software; or

  • impersonate another person.

We may moderate, refuse or remove Feedback where we reasonably believe it breaches these Terms, the law or the rights of another person.

We are not required to publish every review or submission we receive.

SECTION 12 – ERRORS, INACCURACIES AND AVAILABILITY

Despite reasonable care, our website may occasionally contain genuine errors or omissions relating to matters such as product descriptions, specifications, availability, pricing, promotions, delivery charges or delivery estimates.

We may correct an error when we discover it.

If a material error is identified before we accept an order, we may decline the affected order and will notify you.

If we identify a genuine material error after an order has been accepted, we will contact you as soon as reasonably practicable to discuss an appropriate solution.

Where we are unable to supply a product that has been paid for, we will provide a refund for the amount paid for that product unless you agree to an alternative.

We will not rely on this section to avoid our obligations under the Fair Trading Act, Consumer Guarantees Act or other applicable law.

SECTION 13 – PROHIBITED USES

You may use our Services only for lawful purposes.

You must not use or attempt to use the Services:

  1. for unlawful, fraudulent or malicious activity;

  2. to infringe the intellectual property, privacy or other legal rights of another person;

  3. to harass, threaten, abuse or impersonate another person;

  4. to submit information that you know is materially false or misleading;

  5. to introduce viruses, malicious code or other technology intended to damage or interfere with our Services;

  6. to gain unauthorised access to an account, computer system, database or restricted part of the Services;

  7. to send spam or other unlawful electronic communications;

  8. to collect personal information about other users without lawful authority;

  9. to circumvent security, access restrictions, rate limits or protective measures; or

  10. to scrape, extract or automatically access the Services in a manner prohibited by these Terms, except where expressly permitted under Section 14 or by law.

We may take reasonable steps to restrict or suspend access where we reasonably believe these requirements have been breached.

SECTION 14 – AUTOMATED AGENTS

For the purposes of this section, an “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or organisation.

Where an Agent interacts with our Services, it must do so lawfully and must not conceal or misrepresent the fact that the interaction is automated.

An Agent must not:

  • circumvent CAPTCHAs, security measures or access controls;

  • falsely represent automated activity as human activity;

  • interfere with our Services or other customers' use of them;

  • exceed technical restrictions or access limits imposed by us; or

  • continue to access the Services where we have lawfully and reasonably requested that the Agent stop.

Where technically applicable, an Agent should identify itself in accordance with reasonable technical requirements communicated by Dive360 or the platform providing our Services.

We may apply reasonable technical controls to automated access where necessary to protect our website, customers, data or systems.

SECTION 15 – SUSPENSION AND TERMINATION

We may suspend or terminate access to an account or part of our Services where reasonably necessary, including because of:

  • a material breach of these Terms;

  • suspected fraud or unauthorised activity;

  • a security threat;

  • unlawful activity;

  • misuse of our website or systems;

  • a legal or regulatory requirement; or

  • discontinuation of a particular Service.

Where reasonably practicable, we will give notice of a suspension or termination.

Termination of an online account does not remove any rights or obligations relating to an order that has already been accepted, amounts already due, refunds owing or consumer rights that continue by law.

Provisions which by their nature are intended to survive termination will continue to apply.

SECTION 16 – STATUTORY GUARANTEES AND WEBSITE DISCLAIMER

Products and services sold by Dive360 to consumers are subject to the guarantees and remedies provided by the Consumer Guarantees Act and other applicable New Zealand laws.

These statutory rights are in addition to any manufacturer's warranty or voluntary warranty that may be supplied with a product.

A manufacturer's warranty does not replace or limit your rights against Dive360 where the Consumer Guarantees Act applies.

Information available through our website is provided to assist customers with selecting and using products. We take reasonable care with this information, but general articles, guides, comparisons and educational content should not be treated as professional diving instruction or as a substitute for manufacturer instructions or appropriate training.

We do not guarantee that our website will always be uninterrupted, error-free or available.

To the extent permitted by law, website functionality and optional digital tools may be made available on an “as available” basis.

Nothing in this section excludes or restricts any statutory guarantee or liability that cannot lawfully be excluded.

SECTION 17 – LIABILITY

Nothing in these Terms excludes, restricts or modifies:

  • your rights or remedies under the Consumer Guarantees Act;

  • Dive360's obligations under the Fair Trading Act;

  • rights or obligations under the Privacy Act;

  • liability for fraud or wilful misconduct; or

  • any other liability that cannot lawfully be excluded or limited.

Where the Consumer Guarantees Act applies, you may be entitled to remedies including repair, replacement, refund, compensation or recovery of reasonably foreseeable consequential loss in the circumstances provided by that Act.

For matters not covered by rights or remedies that cannot lawfully be excluded, Dive360 will not be responsible, to the extent permitted by law, for loss that:

  • was not reasonably foreseeable;

  • was caused by your misuse, alteration or failure to follow reasonable product or manufacturer instructions;

  • arose from information supplied by you that was materially incorrect; or

  • was caused solely by events outside Dive360's reasonable control.

Nothing in this section is intended to create a broader exclusion of liability than is permitted under New Zealand law.

SECTION 18 – YOUR RESPONSIBILITY FOR MISUSE OF THE SERVICES

You are responsible for loss or damage directly caused by your intentional or unlawful misuse of our Services or a material breach of these Terms.

Where your unlawful use of the Services results in a third-party claim against Dive360, you may be responsible for reasonable losses directly caused by your conduct, to the extent permitted by law.

This section does not require you to indemnify Dive360 for losses caused by Dive360's own negligence, breach of law or failure to meet obligations owed to you.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be read down to the minimum extent necessary or, where that is not possible, severed from these Terms.

The remaining provisions will continue to apply.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

If we do not immediately exercise a right available to us under these Terms, that does not necessarily mean we have waived that right.

These Terms, together with the policies expressly referred to in them, form the terms governing your use of our Services and purchases from Dive360.

Nothing in this section excludes liability for misleading or deceptive conduct, misrepresentation or any other matter that cannot lawfully be excluded.

SECTION 21 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms to another person without our consent, except where the law gives you the right to do so.

Dive360 may transfer its rights and obligations under these Terms as part of a genuine sale, transfer, restructuring or reorganisation of the business, provided that doing so does not unlawfully reduce your rights.

Where a transfer materially affects your ongoing rights, we will provide reasonable notice where required or appropriate.

SECTION 22 – GOVERNING LAW

These Terms and any contract between you and Dive360 are governed by the laws of New Zealand.

You and Dive360 submit to the non-exclusive jurisdiction of the New Zealand courts and tribunals.

Nothing in this section prevents you from using the Disputes Tribunal or another dispute resolution process available to you under New Zealand law.

If you are purchasing from outside New Zealand, you may also have rights under mandatory consumer laws applying in your location which cannot lawfully be excluded.

SECTION 23 – HEADINGS

Headings are included for convenience and do not affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

The most current version of these Terms will be available on this page.

We may update these Terms from time to time to reflect changes to:

  • our business or Services;

  • technology or service providers;

  • our operational practices; or

  • applicable laws and regulatory requirements.

Where a change materially affects existing customers or ongoing Services, we will provide notice where required by law or where reasonably appropriate.

Unless required by law or agreed with you, changes to these Terms will not retrospectively alter the terms applying to an order that had already been accepted before the change took effect.

Your continued use of the website after updated Terms take effect means the updated Terms will apply to your subsequent use of the Services.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service can be sent to:

Tango Lima Limited, trading as Dive360
NZBN: 9429046325273
Email: hello@dive360.co.nz
Address: 50 Cross Road, Tauranga 3110, New Zealand
Phone: +64 7 578 4050

Dive360 operates as a trader in New Zealand.

For questions relating to returns, warranties or faulty products, please refer to our Refund & Returns Policy or contact us using the details above.

For privacy questions, please refer to our Privacy Policy