Agreement beets Go Surfing btween User and the supplier
The supplier web site is comprised of various Web pages operated by the supplier.
The supplier Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the supplier Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification of these Terms of Use
The supplier reserves the right to change the terms, conditions, and notices under which the supplier Web Site is offered, including but not limited to the charges associated with the use of the supplier Web Site.
Links to Third Party Sites
The supplier Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of the supplier and the supplier is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The supplier is not responsible for webcasting or any other form of transmission received from any Linked Site. The supplier is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the supplier of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the supplier Web Site, you warrant to the supplier that you will not use the supplier Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the supplier Web Site in any manner which could damage, disable, overburden, or impair the supplier Web Site or interfere with any other party’s use and enjoyment of the supplier Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the supplier Web Sites.
Use of Communication Services
The supplier Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The supplier has no obligation to monitor the Communication Services. However, the supplier reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The supplier reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The supplier reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the supplier’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The supplier does not control or endorse the content, messages or information found in any Communication Service and, therefore, the supplier specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the supplier spokespersons, and their views do not necessarily reflect those of the supplier.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided to the supplier or Posted at any the supplier Web Site
The supplier does not claim ownership of the materials you provide to the supplier (including feedback and suggestions) or post, upload, input or submit to any the supplier Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the supplier, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The supplier is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the supplier’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
The information, software, products, and services included in or available through the supplier Web Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The supplier and/or its suppliers may make improvements and/or changes in the supplier Web Site at any time. Advice received via the supplier Web Site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
The supplier and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the supplier web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. The supplier and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the supplier and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the supplier Web Site, with the delay or inability to use the supplier Web Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the supplier Web Site, or otherwise arising out of the use of the supplier Web Site, whether based on contract, tort, negligence, strict liability or otherwise, even if the supplier or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the supplier Web Site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the supplier Web Site.
Service Contact : info@letsgosurfing.com.au
Termination/Access Restriction
Lets Go Surfing reserves the right, in its sole discretion, to terminate your access to the supplier Web Site and the related services or any portion thereof at any time, without notice.
General
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New South Wales, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in New South Wales, Australia in all disputes arising out of or relating to the use of the supplier Web Site. Use of the supplier Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the supplier as a result of this agreement or use of the supplier Web Site. The supplier’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the supplier’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the supplier Web Site or information provided to or gathered by the supplier with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the supplier with respect to the supplier Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the supplier with respect to the supplier Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices
All contents of the supplier Web Site are copyright Lets Go Surfing Pty Limited and/or its suppliers. All rights reserved.
Trademarks
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organisations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedure for making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the supplier the written information specified below. Please note that this procedure is exclusively for notifying GAME Group Stores PLC that your copyrighted material has been infringed.
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
For notice of claims of copyright infringement Lets Go Surfing’s contact details are listed on the Contact page of this web site.
About this Policy
The supplier understands that the privacy of your personal details, and the security of your transactions with the supplier, is of paramount importance to you. The supplier has therefore adopted data protection policies with respect to your privacy and security. The supplier’s Privacy Policy sets out the rules the supplier will abide by when dealing with personal information the supplier collects from individuals in the course of our business. The supplier had based our policy upon the Internet Industry of Australia’s (IIA) draft Privacy Code of Practice, which adopts internationally recognised Privacy protection standards (such as the ‘Safe Harbour’ principles required by most European countries). The IIA Code also covers the requirements of Australian Privacy legislation.
Should you wish to contact us in relation to Privacy, please email us at info@letsgosurfing.com.au.
The supplier may make alterations or additions to this policy from time to time. Should the supplier do so, the supplier will update the policy on our web site. We require that all our customers agree to abide by our Privacy policy as part of our terms of trade. This policy also applies to users of our web site who are not customers of the supplier.
Please note that we cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through our site, or for our customers’ level of compliance with our code.
About this Policy
The supplier understand that the privacy of your personal details, and the security of your transactions with the supplier, is of paramount importance to you. The supplier has therefore adopted data protection policies with respect to your privacy and security. The supplier’s Privacy Policy sets out the rules we will abide by when dealing with personal information the supplier collects from individuals in the course of our business. The supplier has based our policy upon the Internet Industry of Australia’s (IIA) draft Privacy Code of Practice, which adopts internationally recognised Privacy protection standards (such as the ‘Safe Harbour’ principles required by most European countries). The IIA Code also covers the requirements of Australian Privacy legislation.
Should you wish to contact the supplier in relation to Privacy, please email us at info@letsgosurfing.com.au.
The supplier may make alterations or additions to this policy from time to time. Should the supplier do so, the supplier will update the policy on its web site. The supplier requires that all our customers agree to abide by its Privacy policy as part of our terms of trade. This policy also applies to users of the supplier web site who are not customers of the supplier.
Please note that the supplier cannot and do not assume any responsibility for the privacy or security practices of any other web sites which you may be able to access through the supplier site, or for our customers’ level of compliance with our code.
Collection of your Personal Information
The supplier collects different information about you at different times. There are 4 broad categories of information that the supplier collects from you:
1. Information the supplier requires to supply our services.
When you first sign up or contract with the supplier for its services, or when you make an inquiry about its services, the supplier requests information such as your name, address, telephone number, domain name, email details of your primary and secondary contacts, credit card details (if you are paying online). The supplier may also ask for your age and gender.
The supplier may also monitor and/or record telephone conversations with you from time to time in order to train staff and to improve our service to you.
2. Non personally identifying information.
In addition to the information you specifically provide above, the supplier operates statistics gathering software on its web site to collect information about the number of visitors coming to the site. No identifying information is collected by this software. The software records the IP address of the visitor only. The supplier uses this information to improve our own technical structure and performance, and to determine which areas of our web site are most popular.
The supplier also uses ‘cookies’. Cookies are pieces of information that a web site can transfer to an individual’s computer in order to allow that web site to store information about user preferences. The supplier uses cookies which expire once the visitor leaves the supplier web site. Cookies are used to collect session ID’s. It is possible to adjust your Internet browser to refuse cookies, but you may find that this reduces the functionality of this site.
3. Other demographic information.
If you respond voluntarily to the supplier surveys or other interactive communications, the supplier collects the responses and uses the information to improve the quality and range of the supplier’s products and services.
4. Personal information stored on a web site hosted by the supplier.
The supplier will have personal information stored on the supplier servers due to the fact that the supplier hosts web sites of other organisations. Any information that is submitted to or collected by these organisations will be physically located on server of the supplier. This information, whether voluntarily provided or not, will not be used or released by the supplier in any manner, and it will be kept strictly confidential, unless we are required to release the information by law.
Use of your Personal Information
The supplier collects and uses your personal information to operate our web site and deliver its services to you. The supplier will use your personal information to provide you with: technical support, billing and credit control, sales support, product upgrades and information.
When you contract with the supplier fori ts services or make enquiries of our services, you will be requested to provide your consent to the supplier to send promotional material to you. If you consent to receipt of promotional material, the supplier will use your personal information to provide you with promotional material. You may stop the delivery or “opt out” of future promotional email from the supplier by following the specific instructions in the email you receive. These instructions will tell you how to remove your name from the supplier promotional email list.
The supplier may use your personal information to:
contact you in relation to upgrading your use of our services, special offers (from us, or on behalf of third parties), with newsletters, surveys, and individual service audits. The supplier may give extracts of its customer lists containing personal information to third party contractors to do this on its behalf. The supplier will ensure that those contractors are bound to protect your personal information to the same standard that the supplier is.
identify the source of new customers to the supplier;
monitor and address complaints, other feedback, and to resolve disputes;
in the case of credit cards, to bill you for services;
in the case of ABNs, to verify your identity;
in the case of the supplier partners who are IT professionals, to ascertain your areas of specialty and to refer prospective customers to you
maintain a technical and account history of your dealings with the supplier, and to re-establish your account with the supplier where you rejoin as a customer within 12 months after having terminated your account;
monitor your compliance with our Acceptable Use Policy and other terms and conditions of supply;
comply with our reporting and other obligations to third party licensors (such as reporting to software suppliers the number and identity of software licenses we have issued as part of our products).
The supplier will treat all information the supplier collects from you as strictly confidential. The supplier does not rent or lease its customer lists to third parties. The supplier will not reveal, disclose, sell, distribute, rent, licence, share or pass onto any third party (other than those who are contracted or supply services to the supplier including of spam filter operators) any personal information that you may have provided to the supplier unless the supplier has your express consent to do so, other than in the circumstances set out in the next paragraph. The supplier will disclose your personal information, without notice or your consent, only:
if the supplier is required to do so by law or in the good faith belief that such action is necessary to conform with the laws, applicable code of conduct or legal process served on the supplier in relation to its business or web site;
to protect and defend the rights or property of the supplier;
if the supplier considers it necessary to do so in order to enforce or apply the terms of any of its agreements with you;
to contractors providing licensed collections services, credit card payment processing and CRM services, who comply with the supplier privacy and security policies;
if the supplier sells its business or part of it; and
in extreme circumstances, to protect the personal safety of users of the supplier’s services, its web site, its staff or the public.
Security of your Personal Information
The supplier has implemented security features in our database to protect your personal information from unauthorised access. The supplier maintains its servers in a controlled, secured environment. Only staff who need to have access to your personal information in order to perform their job function are authorised to access the database. Constant changes to the Internet and technology mean that the supplier cannot guarantee that data transmission will be 100% secure, or safe from attack by unauthorised intruders.
Other Disclosure By You
You might provide personal information through your participation in chat sessions, message boards, email exchanges or newsgroups accessed via the supplier web sites, or another service provided by the supplier. This information is public and immediately available to anyone who has access to such a site; it is not private. The supplier urges you to enter only information that you are comfortable to share with the public at large in this public domain. This Privacy Policy does not apply to such information.
You should never reveal your password to third parties. If you lose control of your password, you may lose control over your personal information and may be liable for actions taken on your behalf by third parties using your password and/or personal information. Therefore, if your password has been compromised for any reason, you should immediately change it.
If you collect personal information which you keep on servers provided by the supplier as part of our service to you (including email), you alone are responsible for compliance with the Privacy Act 1988 (Cth) in respect of that information. The supplier takes no responsibility for your dealings with personal information you collect.
Accessing Your Personal Information
From time to time you may need to update your personal information. The supplier keeps this information in a secure environment which you can access through our website. In order to amend any of your personal information, you will be required to give your user name and password.
If you contact the supplier via telephone, you will need to answer a few security questions before any personal information is revealed or amended.
Children’s Privacy
The supplier does not knowingly collect, use or market any information to children. The supplier also urges you to familiarise yourself with your legal responsibilities with regard to children and the Internet, which can be found in the supplier Acceptable Use Policy.
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