When You use a Website You must comply with:
(b) any requirements that are stated in that Website including when:
(i) You make any purchase from or using a Website; or
(ii) otherwise interact with the Website or use available functionality.
Availability of products
Not all products will be available all the time and some may not be available for delivery to your location. We reserve the right to change our products and the prices from time to time. If a product becomes unavailable after your payment has been accepted we refund your payment or contact you to discuss your options.
The stated prices are in Australian dollars (inclusive of GST) and do not include delivery charges. The delivery charges (if applicable) will be shown during the checkout process and before you pay.
We accept payment by PayPal or specified credit cards via Securepay.com.au or by Direct Deposit via online banking. When you have completed all the required payment information at the checkout, we will process your payment. We will email a tax invoice to you with your order confirmation. You should retain your tax invoice for proof of purchase.
Delivery of your purchases
Your purchases will be delivered to the address you complete in the billing information section. It is your responsibility to ensure these details are correct. We will endeavour to deliver your purchases as quickly as possible and within the timeframe stated in delivery-information. However, we do not guarantee that we will deliver within this time frame. If you have any concerns about the delivery of your purchase please contact us via firstname.lastname@example.org. You assume all risk of theft or loss of products occurring during transportation and delivery.
To see our returns policy go to http://bodyboarders.com.au/returns-and-warranties
OTHER TERMS RELATING TO USE OF THE WEBSITES
Bodyboarders Surf Co trademarks displayed on a Website are trademarks or registered trademarks The Alternative Innovators PTY LTD, and are the sole and exclusive property thereof. All other trademarks are the sole property of their respective companies. Any use of the foregoing by You is prohibited.
Content and Ownership
The Websites are protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Websites including but not limited to videos, blogs, forums, product descriptions, athlete data, data sheets, FAQs are owned exclusively by Us or Bodyboarders Surf Co and/or its affiliated companies and/or suppliers and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Except for the limited license and site access granted to You as set forth below, any reproduction, modification, display or creation of derivative works from or redistribution of the Websites, any content on the Websites or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Websites. Without limiting the foregoing, You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Websites.
Limited License and Site Access
Posting of Third Party Content
Although We do not claim ownership of third party content on the Websites such as third party messages, text, files, images, photos, video, sounds, or other materials (“User Content”) that users post, by posting User Content to any public area of the Websites, You automatically grant, and You represent and warrant that You have the right to grant, to Us and Bodyboarders Surf Co an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to any public area of a Website, You automatically grant Us and Bodyboarders Surf Co all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Website by any party for any purpose. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any intellectual property, patent, trademark or copyright of Us, Bodyboarders Surf Co or any third party.
You understand that all User Content posted on, transmitted through, or linked from a Website, is the sole responsibility of the person from whom such User Content originated. You understand that neither We nor Bodyboarders Surf Co control, and are not responsible for User Content made available through a Website and that by using a Website, You may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To the extent permitted by law, We expressly disclaim any liability for such third party statements and User Content. Furthermore, Website and User Content available through a Website may contain links to other websites, which are completely independent of Us and Bodyboarders Surf Co. Neither We nor Bodyboarders Surf Co makes any representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at Your own risk.
You agree that You must evaluate, and bear all risks associated with, the use of any User Content, that You may not rely on said User Content, and that under no circumstances will We or Bodyboarders Surf Co be liable in any way for any User Content or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise made available via the Website. You acknowledge that neither We nor Bodyboarders Surf Co pre-screen or approve User Content, but that We and/or Bodyboarders Surf Co have the right (but not the obligation) in our respective sole discretions to refuse, delete or move any User Content for any reason. Your interactions with organizations, events and/or individuals found on or through the Website are solely between You and such organizations and/or individuals. We and Bodyboarders Surf Co expressly disclaim any liability for such organizations, events or individuals.
The Websites are protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices. If You believe that Your work has been copied in a way that constitutes copyright infringement, please notify in writing:
The Privacy Officer Bodyboarders Surf Co.
Po Box 1234
Coolangatta QLD 4225
or email email@example.com
You must provide the following with Your written notice: (1) Identify the material on the Website that You claim is infringing, with enough detail so that we may locate it on the Website; (2) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (3) A statement by You declaring under penalty of perjury that (a) the above information in Your Notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner; (4) Your address, telephone number, and email address; and (5) Your physical or electronic signature. If valid, We will take such action as We in our sole discretion consider appropriate in accordance with any applicable laws including remove the infringing posting(s).
Disclaimer of Warranties
You agree that use of a Website is entirely at Your own risk. The Website is provided on an “as is” or “as available” basis, without any warranties of any kind.
To the full extent permitted by law:
(a) all express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights
are expressly disclaimed and excluded;
(b) We disclaim any warranties for the security, reliability, timeliness, accuracy, and performance of a Website;
(c) We disclaims any warranties for other services or products received through or advertised on a Website, or accessed through any links on a Website;
(d) We do not warrant that a Website is free of viruses or other harmful components.
Limitation on Liability
To the full extent permitted by law:
(a) under no circumstances (including but not limited to any act or omission by Us) will We be liable for any direct, indirect, incidental, special and/or consequential damages,
loss of profits, business interruption or loss of data or information whatsoever which result from any use of or access to, or any inability to use or access, a Website or any
material on it or any other website linked to this Website;
(b) and except for products or services purchased from a Website or that are otherwise of a kind ordinarily acquired for personal, domestic or household use or consumption, agree that it is fair and reasonable, that We limit our liability, including for breach of any implied term which cannot be excluded or breach of a statutory guarantee to the following, at our option:
(i) in the case of services to (i) the supply of the services again, or (ii) the cost of having services supplied again; and
(ii) in the case of products to (i) the replacement of the products or the supply of equivalent products, (ii) the repair of such products, (iii) the payment of the cost of the replacing the products or acquiring equivalent products, or (iv) the payment of the cost of having the products repaired.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that We are not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if You have any concerns regarding such links or the content located on such External Sites.
Any questions, comments, suggestions, or other information submitted through this Website shall be deemed non-confidential and We and Bodyboarders Surf Co shall be free to use, reproduce, disclose and distribute such information and any ideas contained therein in any manner without limitation. We specifically prohibit You from sending us any information that You consider to be confidential or proprietary through this Website. Please note that if You do send us any such information or material, the information will be deemed non-confidential and We and Bodyboarders Surf Co may fully exploit the information without any obligation or liabilities to You.
Website regularly to look for any notices.
Any notice is deemed received:
(a) if posted on a Website; on the 3rd business day after the date of posting;
(b) if given by email on the business day following sending the email.
All dates and times in our documentation on a Website refer to dates and times in Burleigh Heads, Queensland, Australia.
ACL means the Australian Consumer Law as set out in Schedule 2 of the CCA or any corresponding State or Territory law.
CCA means the Competition and Consumer Act 2010 (Cth).
GST means the Goods and Services Tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
You means the individual user of the Website.