SurfCoach Terms and Conditions of Use, 1st November, 2015
If you are not at least 18 years old you must have a parents or guardian’s approval to charge your membership to and use this Site. If this is not the case please do not access or use the Site.
This Agreement is made between SurfCoach and you, the user and/or member of the Site (“you”). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of any of the Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
Code of Conduct
While using the Site you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libellous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any trade secret of any third party; or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- "Frame” or “mirror” any part of the Site without our prior written authorisation;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents;
- Harvest or collect information about Site visitors or members without their express consent; or
- Permit anyone else whose account or subscription was terminated to use any part of the Site through your subscription, username or password.
While using the Site you agree to comply with all applicable laws, rules and regulations.
Registration for Subscription Site
To have access to the Site you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to surfcoach.com to any third party. If you are a subscriber, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing us at surfcoach.com YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
We reserve the right to change your username and password based solely on our discretion. surfcoach.com will track and monitor use of usernames and in the event that a username is being used by multiple IP Addresses then we shall retain the right to cancel your username and supply you with a new one. We maintain the right to cancel your membership hereunder upon the occurrence of repeated username distribution as described in the previous sentence.
This Agreement shall remain effective until terminated in accordance with its terms. SurfCoach may terminate this Agreement, and/or your access to and use of the Site or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days notice to terminate this Agreement without cause.
Submissions and Postings
Please note that, because we host Message Boards and other forums on the Site and therefore redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Site, including purchasing Virtual Coach sessions, you grant us and our designees a worldwide, non-exclusive, sub licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed in Message Boards or other forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Services and Tools
Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other Site, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all services is solely at your risk.
Sweepstakes, Contests, and Games
Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules.
Ownership and Restrictions on Use
1999-2015 SurfCoach All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site. surfcoach.com is a trademark and/or service marks of SurfCoach. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
Links to Other Websites
The Site may contain links to other Internet websites or resources. We neither control nor endorse such other website, nor have we reviewed or approved any content that appears on such other website. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other website, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURFCOACH.COM AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. SURFCOACH AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SURFCOACH OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER SURFCOACH NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site or any services related to the Site.
Current rates for our Services may be obtained by visiting the site at surfcoach.com. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
You can contact us at anytime through the Contact section of our website, or using the details below.
ABN: 91 828 043 399
Phone: 07 5599 3800
PO Box 928
Coolangatta, QLD 4225