Date of last revision: August 2013
Physical Activity Notice
The Platform includes features that promote physical activity. Consider the risks involved and consult with your medical professional before engaging in any physical activity. PRO SURF TRAINING is not responsible or liable for any injuries (including death) or damages you may sustain that result from your use or attempted use of, or inability to use, the features of the Platform.
All intellectual property on the Platform is owned by PRO SURF TRAINING or its licensors, which includes materials protected by copyright, trade mark, or patent laws. All trade marks, service marks and trade names (including the PRO SURF TRAINING name) are owned, registered and/or licensed to or by PRO SURF TRAINING. All content on the Platform including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under copyright laws and is the proprietary property of PRO SURF TRAINING; All rights reserved. Some of the copyright in the Materials may be owned by someone else and is included on the Platform under a licence or agreement.
Platform Use Restrictions
All orders placed through the Platform are subject to PRO SURF TRAINING's acceptance. This means that PRO SURF TRAINING may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, PRO SURF TRAINING will issue you a refund.
Responsibility for Your Username/Password
You are fully responsible for any actions that take place using your PRO SURF TRAINING account. Keep your username/password secure and do not allow anyone else to use your username/password to access the Platform. PRO SURF TRAINING is not responsible for any loss that results from the unauthorised use of your username/password, with or without your knowledge.
Eligibility and Registration
Any information or submissions you send to PRO SURF TRAINING is not confidential or proprietary. You grant, and warrant that you have the right to grant, to PRO SURF TRAINING, a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your submission or information in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialise without any payment due to you.
The Platform contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using PRO SURF TRAINING's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.
The Platform and Content are provided "AS IS" and to the fullest extent permitted by law, PRO SURF TRAINING:-
• does not represent or warrant that the Platform will be uninterrupted or error-free or that any defects will be corrected, or that this Platform or the server that makes the Platform available are free of viruses or anything else harmful.
• does not give or make any warranties or representations regarding the use of the Platform in terms of correctness, accuracy, adequacy, usefulness, reliability or otherwise;
• disclaims and excludes all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement;
• excludes any and all liability which may arise or but for this exclusion could have arisen, from, or in connection with the use of the Platform;
Some legislation does not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
To the fullest extent permitted by law, you assume all risks in connection with such use including that you will be solely responsible for your use and any damage to your Device, computer system or other device in which you access the Platform, loss of data or other harm of any kind that may result.
PRO SURF TRAINING cannot guarantee and does not promise any specific results from use of the Platform.
PRO SURF TRAINING reserves the right to change any and all Content and other items used or contained in the Platform at any time without notice.
Limitation of Liability
To the fullest extent permitted by law, PRO SURF TRAINING:-
• shall not be liable for any direct, incidental, indirect, special or consequential loss or damages, including for any loss of business, lost profits or lost data, that result from the use of, or the inability to use, the Platform or the performance of the services or products purchased through the Platform or the conduct of other platform users (whether online or offline) or attendance at a PRO SURF TRAINING event or any user generated content, even if PRO SURF TRAINING has been advised of the possibility of such loss and/or damages; and
• Your only remedy against PRO SURF TRAINING, its partners, affiliates, officers, directors, employees and/or agents, for use of the Platform is to stop using the Platform and Content.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Where liability cannot be excluded, any liability incurred by PRO SURF TRAINING in connection with the use of the Platform is limited, in the permitted circumstances, at our option, to supplying any services again or to payment of the cost of having the services supplied again and/or in respect of any goods limited to their replacement, cost of replacement, supply of equivalent goods, cost of acquiring equivalent goods, the repair of the goods or the cost of repair.
Notwithstanding and without prejudice to the foregoing, if PRO SURF TRAINING is found to be liable to you for any damage or loss which is in any way connected with your use of the Platform, PRO SURF TRAINING's liability, to the extent permitted by law, shall not exceed AUD$100.00.
Copyright Infringement Complaints
If you believe that your work has been improperly copied and posted on the Platform, such that it constitutes infringement, please provide us with the following information:
1. name, address, telephone number, email address and an electronic or physical signature of the copyright owner or of the person authorised to act on his/her behalf;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where on the Platform the material that you claim is infringing, is located;
4. a written statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
5. a statement by you that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.
Any cause of action or claim you may have in connection with the Platform or your use of the Platform (including the purchase of PRO SURF TRAINING products) must be commenced within one (1) year after the claim or cause of action arises. Thereafter your action is barred.
By using the Platform, you agree to receive certain electronic communications from PRO SURF TRAINING. You agree that any notice, agreement, disclosure or other communication that PRO SURF TRAINING sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
PRO SURF TRAINING reserves the right in its sole discretion to edit or terminate your account, edit or delete your profile and restrict your use of all or any part of the Platform for any or no reason, without notice, and without liability to you or anyone else.
PRO SURF TRAINING also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Platform.