Mafia Island Dive Experience

Welcome to Mafia Potwe Safaris! We provide a platform where Operators and Customers can connect and transact to book in-country, high-quality, authentic day trips and tours and create meaningful journeys (Platform).

In these Terms, when we say Customer, you or your, we mean both you and any entity you are authorized to represent (such as your employer). These Terms & Conditions are issued by Mafia Island Pty Ltd (ABN 37 691 223 168) (“Mafia Island”, “we”, “our”, “us”).

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms.

Some capitalized words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please email: hello@Mafia Island.com

Disclaimer: You acknowledge and agree that our Services are solely to facilitate connections between Operators and Customers for booking travel experiences and tours and that we have no involvement in organising or conducting the Tour. We do not accept any liability for any injury, loss, or damage incurred by any Customer or Operator as a result of participation in a Tour listed and/or purchased on our Platform.

These Terms were last updated on April 22, 2026.

OUR DISCLOSURES

Please read these Terms carefully before you accept. We draw your attention to:
         - our privacy policy (on our website) which sets out how we will handle your personal information;
         - clause 1.7 (Variations) which sets out how we may amend these Terms; and
         - clause 12 (Liability) which sets out exclusions and limitations to our liability under these Terms.

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

Our Services

1.1.  Subject to your compliance with these Terms, we will provide the following services to you:

(a) access to our Platform;
(b) the Tour Booking Services; and
(c) access to our troubleshooting support (Support Services);
(collectively, our Services).

1.2.   If you require Support Services, you may request these by getting in touch with us through our Platform.

1.3.  Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

1.4. We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

1.5. Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

1.6. Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

1.7.  Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may stop using the Platform.

Platform License and Term

2.1. These Terms apply from when you accept these Terms, until the date either Party terminates in accordance with these Terms. We grant you a right to use our Services for this period of time only.

2.2. You must be at least 18 years old to use our Platform.

Platform License

2.3. We grant you a right to use our Platform (which may be suspended or revoked in accordance with these Terms) for the purpose of purchasing a Tour. This right cannot be passed on or transferred to any other person.

2.4. You must not:
(a). access or use our Platform in any way that is improper or breaches any laws, infringes any person's rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;

(b). interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;

(c). introduce any viruses or other malicious software code into our Platform;

(d). attempt to access any data or log into any server or account that you are not expressly authorised to access;

(e). use our Platform to send unsolicited electronic messages;

(f). use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or

(g). access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

Availability, Disruption and Downtime

3.1.  While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

3.2. Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

3.3. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services.

Tour Booking Services

4.1. Where you purchase a Tour in accordance with these Terms, you agree that:
(a). you will comply with any requirements specified by the Operator of the Tour;
(b). you will provide accurate information to us and the Operator; and
(c). you will comply with our reasonable requests and requirements.

4.2. The fees for any Tour Listing will be set out in the relevant Tour Listing, including when payment must be made. You must make payments as set out on the Platform and in accordance with these Terms.

4.3. While you may browse Tour Listings without creating an Account, you will need to provide contact and payment information to complete a Tour booking. You may optionally create an Account for easier future bookings, but this is not required.

Platform Summary

5.1. Our Platform is a place where Operators and Customers can find each other, and advertise, buy and sell in-country authentic day trips and tours (Tours).

5.2. We only provide our Services (including our Platform) and are not a party to any transaction between Operators and Customers in relation to a Tour (see the “Our Services” section below for more information about the services we provide to you).

5.3. In collaboration with us, Operators will provide an accurate and complete description of the Tour they wish to provide (Tour Listing), including the fees for the Tour (Tour Price).

5.4. Customers can browse Tour Listings without an Account. Customers wanting to purchase Tours in a Tour Listing may request to purchase a Tour by sending a request through our Platform.

5.5. Operators will include all additional terms and conditions relating to their Tour in the relevant Tour Listing. By making payment of the Tour Price, Customers accept the additional terms and conditions in the Tour Listing.

5.6. We do not endorse or approve, and are not responsible for, any Tours.

5.7. In consideration for providing our Platform, we will charge a transaction fee to Customers as set out on our Platform at the time of paying the Tour Price (Transaction Fee). The Transaction Fee is not included in the Tour Price and must be paid separately along with any third-party payment processing fees.

5.8. Communication: Operators and Customers can communicate privately using a private messaging service or outside of the Platform. Operators and Customers must not use our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services.

Payments

6.1. You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

6.2. Payments are processed through our third-party payment processor (currently Stripe). By making payment, you agree to comply with the payment processor's terms and conditions.

6.3. You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

6.4. We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

6.5. Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:
(a). suspend your access to our Services (including access to our Platform); and
(b). charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

6.6. Taxes: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf).

Promotions

7.1. We, or the Operators, may from time-to-time issue you with promotional discount codes for use on our Platform (Discount Codes). The conditions of use relating to Discount Codes (including how to claim a Discount Code) will be set out on our Platform.

Reviews

8.1. You may review your experience with Operators on our Platform (Review). We may remove Operators from our Platform (in our sole discretion) who receive a high number of negative Reviews.

8.2. You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

8.3. You may only write a Review about your own experience. You must not write a Review about another person’s experience.

8.4. If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.

8.5. You must not disclose any Personal Information in your Review.

Confidential Information and Personal Information

9.1. While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

9.2. However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

9.3. We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws. When you purchase a Tour on our Platform, you consent to us disclosing your Personal Information to the Operator as required to provide the Tour Booking Services to you.

9.4. You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

9.5. Operators and Customers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

9.6. We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Customers to Operators, and vice versa, so that they can connect and transact.

9.7. Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

Consumer Law Rights

10.1. In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

10.2. If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

10.3. Customers may have Consumer Law Rights in respect of Tours provided by Operators. Any such Consumer Law Rights that arise in respect of  any Tour provided by Operators is strictly a matter between Customers and Operators.

10.4. The cancellation and refund of any amounts paid in respect of a Tour is strictly a matter between Operators and Customers in accordance with the refund policy set out on the Platform.

Intellectual Property and Data

11.1. We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

11.2. We own or have licenses to all content displayed on the Services (Our Content). Except where you upload Your Content to the Platform (in which case clause 11.5 applies), you do not have any ownership rights in Our Content. Subject to your compliance with these Terms, we grant you a non-exclusive, revocable, non-sublicensable and non-transferable licence to view Our Content, solely for your own personal use.

11.3. You must not, unless expressly authorised by us or these Terms:
(a).  circumvent or disable any content protection system or technical protection measure used in the Services or Our Content;
(b). copy or modify, in whole or in part, any of Our Content;
(c). reproduce, retransmit, distribute, disseminate, sell, publish broadcast or otherwise commercialise Our Content to any third party; or
(d). breach, or allow any third party to breach, any intellectual property rights in Our Content.

11.4. We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data and Your Content

11.5. From time to time, you may be able to upload photos videos of you experiencing the Tour (Your Content). We do not own any of Your Data or Your Content, but when you enter or upload any of Your Data or Your Content into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data or Your Content for a reasonable period of time after the Tour. We may use Your Data (or disclose it to third party service providers) to:
(a). supply our Services to you (for example, to enable you to access and use our Services), and otherwise perform our obligations under these Terms; 
(b). diagnose problems with our Services;
(c). improve, develop and protect our Services;
(d). send you information we think may be of interest to you based on your marketing preferences;
(e). perform analytics for the purpose of remedying bugs or issues with our Platform; or
(f). perform our obligations under these Terms (as reasonably required).

11.6. We may use, store, copy, modify, distort, publish or otherwise deal with Your Content:
(a). to enable us to provide our Services, including by publishing Your Content on our Platform;
(b). to market and advertise our Services and our Platform; and
(c). for educational and other resources, including publications, blogs, videos, articles and social media posts.

11.7. You represent and warrant that:
(a). you own or have the necessary rights, licenses, consents, and permissions to use and authorise us to use all intellectual property rights in and to any of Your Content;
(b). Your Content does not violate any third party's intellectual property rights or privacy rights; and
(c). you have obtained consent from all identifiable individuals appearing in Your Content to share their likeness and/or personal information.

11.8. We reserve the right to remove any of Your Content at our sole discretion.

11.9. You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data and Your Content by us may occur over various networks, and may be transferred unencrypted.

11.10. You are responsible for (meaning we are not liable for):
(a). the integrity of Your Data and Your Content on your systems, networks or any device controlled by you; and
(b). backing up Your Data and Your Content.

11.11. When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

11.12. If you do not provide Your Data to us, it may impact your ability to receive our Services.

Liability

12.1. To the maximum extent permitted by law, and subject to your Consumer Law Rights we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:
(a). any aspect of the interactions between Operators and Customers, including in relation to any Tours and Tour Listings;
(b). attendance by you and/or participation in any Tours that are purchased by you via the Platform;
(c). your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
(d). any use of our Services by a person or entity other than you.

12.2. Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law, but subject to your Consumer Law Rights:
neither we or you are liable for any Consequential Loss;
(a). a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
(b). (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and
(c). a party’s aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to the amount of any fees paid by you to us in respect of the supply of the relevant Services to which the Liability relates, and where no Services have been purchased, AU$1,000.

Suspension and Termination

13.1. We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate and your access to our Services will end.

13.2. We may terminate these Terms (meaning you will lose access to our Services) if:
(a). you breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
(b). you breach these Terms and that breach cannot be remedied; or
(c). you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

13.3. You may terminate these Terms if:
(a). we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
(b). we breach these Terms and that breach cannot be remedied.

13.4. You may also terminate these Terms at any time by notifying us through the Platform or to our email for notices (as set out in clause 14.9), and termination will take effect immediately.

13.5. Upon termination of these Terms:
(a). we will retain Your Data (including copies) as required by law or regulatory requirements;
(b). for Operators, their existing Tour Listings will be removed and any purchased Tours not yet provided will be cancelled (and Customers will be refunded accordingly); and
(c). for Customers, their purchased Tours not yet provided will be honoured unless it is a requirement of the relevant Tour that Customers are active users of our Platform (in which case a refund will be at the discretion of Operators or the terms of the relevant Tour Listing (if any)).

13.6. Termination of these Terms will not affect any other rights or liabilities that we or you may have.

General

14.1. Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

14.2. Disputes between Operators and Customers: We encourage Operators and Customers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Operators and Customers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Operators and Customers.

14.3. Disputes with Mafia Island: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

14.4. If the Dispute is not resolved at that initial meeting:
(a). where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
(b). where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

14.5. Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

14.6. Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.

14.7. Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

14.8. Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

14.9. Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

14.10. Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be made available on the Platform or sent to the email address registered by you via our Platform.

14.11. Survival: Clauses 9 to 14 will survive the termination or expiry of these Terms.

14.12. Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

Definitions

15.  In these Terms:

15.1. Account means an account accessible to the individual or entity who signed up to our Services.

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Tour has the meaning given in clause 5.1.

Tour Listing has the meaning given in clause 5.3.

Tour Price has the meaning given in clause 5.3.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 1

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.