1. Introduction

Welcome to Aussie Surf ("we," "our," or "us"). By accessing or using our website at aussiesurf.com.au, you agree to comply with and be bound by these Terms and Conditions. These Terms govern your access to and use of our services, including any content, functionality, and services offered on or through our website. Please read these Terms carefully before you start using our website.

2. Acceptance of Terms

By accessing this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you may not access the website or use any services. Our website is intended for users who are at least 18 years old. By using our website, you represent and warrant that you are of legal age to form a binding contract with us.

3. Changes to Terms

We reserve the right to modify these Terms at any time, effective upon posting of the modified terms on our website. Your continued use of the website after any such changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically to stay informed of any updates. If we make material changes to these Terms, we may notify you through the website, by email, or by any method we determine appropriate.

4. User Accounts

Some features of our website may require registration or creation of an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

5. Surf Tours and Services

Aussie Surf offers information about surfing locations, tours, lessons, and related services. All bookings are subject to availability and confirmation. Prices for our services are subject to change without notice. We reserve the right to refuse service to anyone for any reason at any time. While we strive to provide accurate information about surf conditions, wave forecasts, and beach descriptions, we cannot guarantee the accuracy of all information or the suitability of conditions for all skill levels.

6. Payment and Cancellation

Payment for all tours, lessons, and services must be made in advance. We accept major credit cards and other forms of payment as specified at the time of booking. Cancellation policies vary by service and will be clearly communicated at the time of booking. In general, cancellations made 48 hours or more before the scheduled service may be eligible for a full or partial refund. Cancellations made less than 48 hours before the scheduled service may not be eligible for a refund.

7. Intellectual Property

The content on our website, including text, graphics, logos, images, videos, and software, is the property of Aussie Surf or our content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website without our prior written consent.

8. User Contributions

Our website may contain message boards, chat rooms, personal profiles, forums, or other interactive features that allow users to post, submit, publish, display, or transmit content or materials. Any content you post to the website will be considered non-confidential and non-proprietary. By providing any content, you grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content throughout the world in any media.

9. Prohibited Uses

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website to transmit or send unsolicited commercial communications, to impersonate or attempt to impersonate Aussie Surf or any person or entity, to engage in any activity that could damage, disable, overburden, or impair the site or interfere with any other party's use of the site, to attempt to gain unauthorized access to the website, or to access the website by any means other than through the interface that is provided by us.

10. Disclaimer of Warranties

Your use of our website and services is at your sole risk. The website and its content are provided on an "as is" and "as available" basis. Aussie Surf expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that our website will meet your requirements, be available on an uninterrupted, secure, or error-free basis, or that defects will be corrected.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Aussie Surf, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, including but not limited to direct, indirect, special, incidental, consequential, or punitive damages, arising out of or in connection with your use of our website or any services obtained through the website. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

12. Indemnification

You agree to defend, indemnify, and hold harmless Aussie Surf, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the website.

13. Waiver and Severability

No waiver by Aussie Surf of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Aussie Surf to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

14. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of Australia, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the courts of Australia, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Aussie Surf
62 Marine Parade
Gold Coast, QLD 4217
Australia
Email: [email protected]
Phone: +61 7 5534 7878