Terms Of Use

Website Terms Of Use

We have done everything possible to make this site user-friendly, informative and secure. If you would like to know more about our responsibilities and yours, please read the information below. If you do not agree to this information, please do not use this site. This site is owned by Surfunation ABN 21 278 435 940 (“we”, “us”).

1. Disclaimer
1. The information contained herein is published as a guide only and, whilst the publishers believe that the information is correct, they do not accept any responsibility for any error or omissions or for any loss or damage incurred by any person directly or indirectly due to reliance on such information, and the user of such information does so at his own risk.

2. Surf Lesson / Tour & Travel information
1. Our website displays information about surf lessons, surf tours, travel locations, tours, packages, insurance, accommodation, transportation, travel companies and many other things.
2. This information is supplied to us by third party providers, such as surf schools, tour operators, hotels and transportation suppliers. We have taken reasonable care to ensure it is correct and up to date; however we cannot check the accuracy of such information.
3. We accept no responsibility for information supplied to us by third parties. We recommend you confirm all information contained on or linked from our website with the third party provider.
4. The details of the prices, packages, tours and other information displayed on the website are subject to change without notice. The surf experiences, travel products and services described on the website are subject to availability.

3. Prices
1. All prices displayed on the website are subject to change without notice. This is because third party providers may change the prices at any time.
2. Special conditions may apply to the prices set out on the website. To determine such conditions, you must contact us or the relevant third party provider.

4. Suitability of surfing experiences, travel products and services
1. We do not represent that any surfing experiences, travel products and services set out on our website will be suitable for you. You release us from any claims in relation to the travel products and services described on our website, including but not limited to claims that the travel products and services are not suitable.

5. Suitability of surf conditions
1. The surf destinations, surf reports and surf forecast information on this website is provided as a guide only and we are not responsible for poor or dangerous surf, or bad weather. We provide details of surf conditions on our website but it is your responsibility to ensure that all surf conditions are researched by you and that you are happy with the surf destination selection.

6. Environmental Dangers
1. As a surf experiences company Surfunation involves a natural environment that we do not control. Surfunation can not be held responsible for these activities or the dangers that you will experience. We try our best to ensure safety comes first always but natural things will occur and caution must be taken at times. It is understood that you agree to these dangers when using the information on this website and when booking.

7. Specials
1. The rules in this clause apply to “specials” displayed on our website. The site rules set out above also apply to “specials”.
2. “Specials” are available for a limited time. You must check with us whether a “special” displayed on our website is still available.
3. There may be particular terms and conditions that apply to “specials”. You must contact us or the third party provider of the “special” to determine whether any particular terms and conditions apply.

8. Intellectual Property
1. This website, the software, design, text and graphics comprised in this website and the selection and layout of this website, are owned or licensed by us and are protected by Australian and international intellectual property laws.
2. You may view and electronically copy the pages of this website in the usual operation of your web browser in visiting this site, but for no other purpose. Any other use of the material contained on this website, such as copying, distributing, selling, modifying, transmitting, reusing, re-posting or publishing is strictly prohibited, without our specific written permission. Unauthorised use of materials from our site will not only breach this agreement, but may violate copyright and other laws.
3. Certain trade marks, service marks, business names, company names, logos, trade names and get up (trade dress) used on this site are owned by us or our licensors. You do not have any right or license to use them.

9. Your Use
1. You must use this site in a responsible and co-operative manner.
2. You must not:
1. make any fraudulent, speculative or false enquiries, bookings, reservations or requests using this website;
2. use another’s name, ID or password without permission;
3. use the website while impersonating another person;
4. post or transmit to or via the website any unlawful, threatening, defamatory, libelous, obscene, indecent, inflammatory or pornographic material or any material that could give rise to civil or criminal proceedings;
5. tamper with, hinder the operation of or make unauthorised modifications to the website;
6. delete data from the website without our permission;
7. knowingly transmit any virus or other disabling feature to the website;
8. breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in using this website;
9. frame this website as part of another site or cache this website for commercial benefit;
10. attempt to do any of the above acts;
11. knowingly permit another person to do any of the above acts.

10. Interactive Facilities and User Content
1. The functionality provided on the website may include interactive communication facilities such as Surfunation travel blogs, discussion groups and other communication forums where individuals may submit or post reviews of surf and travel experiences, travel plans, comments and other information (collectively, “Interactive Facilities”).
2. You are solely responsible for your use of any such Interactive Facilities and agree that you use them at your risk.
3. You agree that, by submitting, posting or otherwise providing any message, travel blog, data, information, recommendations, opinions, reviews, news articles, directories, guides, text, music, sound, photos, video footage, art, illustrations, imagery, design, graphics, logos, audio clips and images, code or other material (“Content”) to or through the website (including by using Interactive Facilities), You:
1. grant to us and our affiliates (including, without limitation, our related entities) a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, broadcast, communicate, create derivative works from, publicly display and perform such Content throughout the world in any media, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation or remuneration to You (“Licence”);
2. expressly acknowledge that we may sub-license our rights under the Licence to third parties who may make use of the Content consistent with the Licence including, by way of example, on websites, in a written publication, compilation of works, training materials, film, television program, script or screenplay of either ourselves or a third party expressly authorised by us;
3. grant us and our affiliates and sub-licensees the right to use your name or any other name that you submit in connection with such Content, at our discretion;
4. waive any entitlement to any moral rights you may have as an author of the Content (and warrant that you have obtained a waiver of moral rights from any person who may have such rights in the Content);
5. and agree that we are under no obligation to treat the Content as confidential or private information.
4. We reserve the right to, at our absolute and unfettered discretion, remove, screen, edit or refuse to post without notice any Content submitted to, posted or stored on the website at any time and for any reason. We accept no responsibility or liability for any Content posted, stored or uploaded by You or any third party, or for any loss or damage to any such Content. We accept no responsibility for statements, representations or other Content provided by You or other users of the Site, including individuals using Interactive Facilities. We reserve the right to disclose any Content as necessary to satisfy any applicable law, regulation or lawful request. You shall be solely liable for any damages resulting from any infringement of copyright, trade mark, or other proprietary or other right or loss or damage in connection with your use of the Website and submission of Content.
5. For the avoidance of doubt, these Terms do not restrict your rights to re-use Content you have posted or otherwise provided to or through the Site.

11. Your warranties
1. You warrant that:
1. you are of sufficient legal age to use this site and create legal binding obligations for any liability you may incur as a result of using this site;
2. you are responsible (financially and otherwise) for all uses of this site by you and those using this site using your ID and password;
3. the information you supply via the website will be accurate and not misleading, deceptive or likely to be mislead or deceive.

12. Indemnity
1. You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
1. any breach of these Site Rules by you;
2. any act or omission by you or an officer, employee or agent of you;
3. any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.

13. Your Privacy
1. Subject to clauses 8.1 and 8.2, we will not disclose personal information about you (such as your name, contact details, browsing habits) which is provided by you or via your browser, without your permission unless we are required or need to do so to comply with your request or instructions.
2. We and our third party providers of surfing and travel related products and services may disclose personal information about you to others where directly connected with facilitating your surfing experiences and travel arrangements and bookings. For example, we may disclose information about you to surf schools, tour operators, hotels, car rental companies in facilitating your surfing experiences and travel arrangements.
3. We may disclose aggregated information about users and use statistics relating to our website and aggregated information about our sales and trading patterns to others.

14. Links to Other Sites
1. Within this site there are several links to other websites. Surfunation nor it’s suppliers shall in any way be responsible for these sites and their contents. Please ensure that you read their terms and conditions and privacy policies.

15. Disclaimer
1. WE DO NOT WARRANT OR REPRESENT THAT THE CONTENT OF THIS WEBSITE IS ACCURATE, UP-TO-DATE OR COMPLETE, NOR THAT IT DOES NOT INFRINGE THE RIGHTS OF OTHERS. WE ARE PROVIDING THIS WEBSITE AND ITS CONTENTS ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, ITS CONTENTS OR ANY OF THE PRODUCTS OR SERVICES SUPPLIED THROUGH THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED REPRESENTATIONS AND WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES THAT THE PRODUCTS AND SERVICES OFFERED AND SUPPLIED THROUGH THIS WEBSITE WILL BE OF MERCHANTABLE QUALITY, FIT FOR ANY PURPOSE OR WILL COMPLY WITH ANY DESCRIPTIONS ON THIS WEBSITE OR SAMPLES.
2. We do not represent or warrant that this website, the server that makes it available or any of our products or services supplied through this website will be free of errors, viruses or defects. Your access and use of this website is subject to factors beyond our control. We do not warrant that this website or the products and services offered via this website will meet your requirements.

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