Surfing Atlas Pty Ltd terms and conditions of website usage
Welcome to surfingatlas.com/surfingatlas.com.au (further referred as Surfing Atlas).
By continuing to browse and use the Surfing Atlas website at www.surfingatlas.com or www.surfingatlas.com.au , you are agreeing to comply with and are bound by the following terms and condtions set forth below.
The content on the pages of this website is for users' general information and use only; where the term "User" refers to a Visitor or a Registered Member.
Surfing Atlas has no export restrictions and provides services to Users on the global basis.
Surfing Atlas 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.
Advertiser terms and conditions must be accepted and adhered to by Advertisers who use Surfing Atlas services and the Site.
- Intellectual Property Protection
The owners of the intellectual property, copyrights and trademarks are Surfing Atlas, its affiliates or other third party licensors. Users may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
- Content on Surfing Atlas
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Surfing Atlas website.
- Surfing Atlas Community Forums
Please choose carefully the information you post on surfingatlas.com and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this warning, Surfing Atlas does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that users post to the Surfing Atlas Website. Information provided by surfing atlas members may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Surfingatlas.com takes no responsibility or liability for this material. If you become aware of misuse of the Surfing Atlas Website by any person, please contact us immediately. Surfing Atlas reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit any posts by members and to terminate access to and use of the forums.
Users represent and warrant that:
(i) they own the Content posted by them on or through the Surfing Atlas, and
(ii) the posting of your Content on or through the Surfing Atlas Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Surfing Atlas Website. Surfingatlas.com expressly reserves the right to remove your subscription and/or restrict, suspend, or terminate your access to any part of the Surfing Atlas website if any inappropriate behaviour is found.
As a member of the community forums, prohibited content includes, but are not limited to content that,
- patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices.
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- impersonate any person or entity (including Surfing Atlas employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person that you have posted without that person's consent;
- Licence Fee, Payment, Shipment and Transactions
Access to certain contents on Surfing Atlas may be subject to a fee. All payments must be made in advance in Australian Dollars unless specified, and do not include GST. All transactions are made in Australian Dollars. Members are responsible for the payment of all charges associated with the use of the Surfing Atlas website.
The goods will be delivered to the delivery address as stated by you in your order and through the Delivery Service appointed by Surfing atlas Pty Ltd. In our acceptance we will advise you of the contact details of the Delivery Service.
Surfing Atlas is using Australian Post as its Delivery Service. If the goods for delivery within Australia are under 5 kg, Surfing Atlas charges $23; if the goods are over 5 kg, Surfing Atlas charges $37.25. For international delivery of parcels under 2 kg Surfing Atlas charges $58.50; for parcels over 2 kg Surfing Atlas charges $100.
We guarantee that goods will be delivered within 30 days. In case the goods are not received within this period, please contact us on 1300 767 489 (Australia) or +612 9460 4696 (International); or email us: [email protected]
We will make reasonable efforts to ensure that the goods are delivered to you within the time frame estimated by us either on this Website or in our acceptance of your order. However, we cannot guarantee and make no warranty in relation to this. The goods remain our property until we have received payment in full. After we have received payment in full for the goods and the goods have been dispatched to our Delivery Service, you are the owner of the goods. We will require payment in full prior to our dispatch of the goods you have purchased to our Delivery Service. All goods purchased from this Website are delivered pursuant to a contract with our Delivery Service. This means that the risk of loss and title for the goods passes to you upon our delivery to the Delivery Service of the goods. We are not responsible for the risk of loss for goods during their delivery to you by the Delivery Service, unless we advise you otherwise.
- Reservation of performance in case of goods not being available
We do not warrant and can not guarantee that the goods you order will be available at all times. Also, if the goods you ordered are no longer able to be supplied to you within 30 days of us accepting your order, of which we will notify you within two working days, we can withdraw from and terminate any purchase agreement we have entered into with you for those goods. If we withdraw from and terminate a purchase agreement, then we will immediately inform you of this by email and will refund any fees or charges already paid by you for the goods.
- Refund policy
You have the right to return the goods which you have purchased within 14 days after receipt of the goods by you without any reason. However, you may only exercise this right if:
- the goods are returned in their original condition; and
- you post the goods back to us within 14 days after receipt of the goods by you; or
If you notify us at Surfing Atlas Pty Ltd, Suite 905, Level 9, 3 Spring St, Sydney 2000, Australia, Mail: [email protected] within 14 days after you receive the goods that you are returning them (in which case you must then promptly and within 14 days from notifying us, return the goods to us in their original condition). If you exercise this right in this way we will refund the order costs paid by you to us for the goods, which you return once we have received them from you. We will only refund payment to you after we have received the goods from you. You must take all reasonable care of the goods until they are dispatched by you.
If the web master terminates your use of the Site, you will be not entitled to receive a refund of any credits or pre-payments, which remain unused at the time of termination. You will continue to be responsible for any fees or other charges incurred by you prior to such termination. You acknowledge that Surfing Atlas reserves the right to charge for the subscriptions and to change its fees from time to time in its discretion.
When you sign up to become a Member, you will be sent a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Surfing Atlas immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
- Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Surfing Atlas to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Surfing Atlas by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Surfing Atlas Website in a way that constitutes copyright infringement, please provide our web master with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Surfing Atlas Website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) 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 authorized to act on the copyright owner's behalf.
- Limitation on Liability
In no event will Surfing Atlas be liable to any user or third party for indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of Surfing Atlas services, even if Surfing Atlas was already advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Surfing Atlas's liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Surfing Atlas, for the services during the term of membership.
If there is any dispute about or that involves Surfing Atlas in any way, users agree that the dispute shall be governed by the laws of Australia without regard to conflict of law provisions and users agree to exclusive personal jurisdiction and venue in Australia.
Users agree to indemnify, defend and hold Surfing Atlas, its directors, employees, officers, affiliates, agents, partners, licensors, suppliers and any third party providers, from any loss, liability, claim, demand, including reasonable attorneys' fees, resulting from violations of this Agreement and/or arising from a breach of this Agreement and/or any breach of their representations and warranties set forth above and/or if any content posted on the Surfing Atlas website causes Surfing Atlas to be liable to another
- Security Capabilities
Surfing Atlas guarantees the use at all times of a Secure Socket Layer (SSL) of 128-bit encryption or higher, or 3D Secure (Verified By Visa and MasterCard Secure Code) to establish a secure browser session between Surfing Atlas and Users when receiving cardholder information via the internet.
Surfing Atlas does not collect any personal information about you through this website unless you provide that information voluntarily by sending an email, responding to a survey, or registering on the website by completing an online form. When you visit Surfing Atlas website our servers automatically collect and store information about your visit, which is collected for the purposes of creating summary statistics that assist us to make our site more useful to Users. No attempt will be made to identify Users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency may exercise a warrant to inspect the service provider's logs. The information is not collected for the commercial marketing purposes of the third parties and Surfing Atlas will not sell or otherwise disclose the information collected from the website for commercial marketing purposes of the third parties.
When registering on the website, you automatically agree to receive information about our services and updates on the website in the newsletter form. If don't wish to continue receiving such information from us, you have an option to unsubscribe from this service provided to you.
This Agreement is accepted upon your use of the Surfing Atlas Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Surfing Atlas regarding the use of the Surfing Atlas Website. The failure of Surfing Atlas to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are a basic guideline only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.Please contact us with any questions regarding this Agreement.
- Contact information
The following is a partial list of the kind of activity that is illegal or prohibited on Surfing Atlas and through your use of the website. Surfing Atlas reserves the right to investigate and take appropriate legal action against anyone who, in Surfing Atlas's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services. You may not transmit any chain letters or junk email to other Members.
It is also a violation of these rules to use any information obtained from the Surfing Atlas to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Surfing Atlas Website you acknowledge that you will have caused substantial harm to Surfing Atlas and other members, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Surfing Atlas for each such unsolicited email or other unsolicited communication you send through the Surfing Atlas Website; any automated use of the system, such as using scripts to add friends or send comments or messages; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from the Surfing Atlas Website to harass, abuse, or harm another person; displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Surfing Atlas website on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or using the Surfing Atlas Website in a manner inconsistent with any and all applicable laws and regulations.