IMPORTANT NOTICE: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
These website terms and conditions of supply (“terms”) are made between Amanzi Surf (“we”, “us” or “Amanzi Surf ”) and you (“client”) in respect of the sale and purchase of certain services and access to www.amanzisurf.com (“website”). By accessing any content found on this web site, you are deemed to have entered into an agreement with Amanzi Surf and to have agreed to be bound by the terms and conditions set out below. The content on the pages of the Site is for users’ general information and use only; where the term (“User”) refers to a Visitor or a Registered Member. Amanzi Surf has no export restrictions and provides services to Users on the global basis. Amanzi Surf may modify this agreement at any time without notification, and such modifications shall be immediately effective. By continued usage of the website, you agree to review this agreement frequently for such modifications.
- Owner of Website
This website (“Website”) is owned by Amanzi Surf. The Website consists of public areas (“Public Area”) with unrestricted access and private areas (“Private Area”) with restricted access. Any reference to the Website is intended to apply to both areas.
- The Website
The Public Area of the Website provides information about high performance surfing insights, training techniques, and coaching. The Private Area allows you to book transactions, see your account and access proprietary information or “Amanzi Surf Content.”
- Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “Amanzi Surf Content”), are copyright of Amanzi Surf and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Amanzi Surf” name and logo or other trade names appearing on the Site) for any reason without written permission from Amanzi Surf. The software that operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
- Ownership and Use of Amanzi Surf Content
You may retrieve and display the Amanzi Surf Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, Amanzi Surf Content may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without Amanzi Surf’s prior written permission. Except as expressly provided herein, Amanzi Surf grants no express or implied rights to you under any patents, copyrights, trademarks, trade names, or trade secret information. Any use of the Amanzi Surf Content not specifically permitted above is expressly prohibited. Requests for permission for other uses than that described in this agreement, please contact us.
- Licence Fee, Payment, and Transactions
Access to certain Amanzi Surf Content may be subject to a fee. All payments (including applicable taxes) must be made in advance. You are responsible for the payment of all charges associated with the use of the Site using your ID.
If Amanzi Surf terminates your use of the Site, you will be entitled to receive a refund of any credits or pre-payments, which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
You may use the Site to purchase products or services from Amanzi Surf ’s third party partners. In that event, your contract for such products will be with the third party partner and not with Amanzi Surf.
- Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to the Amanzi Surf Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Amanzi Surf if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorized use of a sign-on password, I.D., user name, or of the Amanzi Surf Content or the Site. You will provide Amanzi Surf with accurate, complete registration information (including in particular your e-mail address) and inform Amanzi Surf of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Amanzi Surf reserves the right to monitor and record activity on the Site, including access to the Amanzi Surf Content.
- Force Majeure
Amanzi Surf, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Amanzi Surf Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
- Legitimate Use
You agree to use the Website only for legitimate purposes. You agree not to interfere with, damage (or attempt to interfere with or damage) or reverse-engineer any Amanzi Surf Content or property on or associated with the Website.
- Term and Termination
Amanzi Surf may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Amanzi Surf Content) with or without cause by delivering notice to you.
- Ownership of Information on the Website
The copyright in the Website and all associated material is the property of Amanzi Surf or third parties from whom the material has been licensed. By accessing or using the Website, Amanzi Surf grants you a limited licence to view and otherwise access content on the Website, but you are not authorised to use such content or property for any other purposes, including reverse engineering or copying that content unless otherwise specified. All other rights are reserved, and, except as outlined in this agreement or as otherwise permitted by the Copyright Act 1968, no part of the Website and associated material may be reproduced or published in any form or by any means, electronic or mechanical, including photocopying, recording, or by information storage or retrieval system, without the prior written permission of Amanzi Surf.
- Access to the Website
Amanzi Surf will use all reasonable efforts to provide access to the Website at all reasonable times, but cannot guarantee that such access will never be interrupted as a result of technical or other unforeseen problems.
- External Links
The Website may contain links to other websites that are not maintained or controlled by Amanzi Surf (“third party site”). Amanzi Surf makes no representations or warranties whatsoever about any third party site. The Website provides these links as a convenience only. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. Amanzi Surf accepts no responsibility for the content or use of any third party site. If you link to any third party site, you leave the Website and do so entirely at your own risk.
Amanzi Surf employs secure encryption technology, but cannot guarantee that the Website will always be free of viruses or bugs or that any communication between you and the Website is secure from interception by third parties.
- Alterations to the Website
Amanzi Surf reserves the right to alter, without notice, the content, appearance and Services offered on the Website, provided always that, in the event of any inconsistency, the terms of the client agreement that you enter into with Amanzi Surf shall prevail.
- Privacy and Personal Data
The laws of the State of Queensland, Australia, govern this agreement. You submit to the exclusive jurisdiction of the Courts of the State of Queensland.
- Disclaimer of All Other Warranties
Amanzi Surf DOES NOT WARRANT THAT THE SERVICES WILL MEET THE CUSTOMER’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, Amanzi Surf PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
- Limited Liability
IN NO EVENT SHALL Amanzi Surf BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. Amanzi Surf MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.