Terms and Conditions for
online sign up for The Line Up
In
consideration of SA registering you as a member of “The Line Up”, you agree to
be bound by the following terms and conditions which apply to all members of The
Line Up.The completed registration page
forms part of these terms and conditions.
1. Definitions: In this agreement the
following words have the following meanings:
“Registration Page” means the
registration page for registering for membership of The Line Up completed by
You at the request of SA.Such page
shall be accessible from SA’s Website or such other address as required by SA
from time to time.
“SA” means Surfing
Australia Inc (ACN 072
201 051) of Mainwaring Precinct, Barclay
Drive, Casuarina
Beach, NSW.
“SA’s Website” means the domain
name www.surfingaustralia.com and includes any pages that link from that domain
name and retain the same domain name.
“The Line Up” means the membership
club owned and operated by SA through the Internet and any other means.
“You” or “Your” means the individual
who is named in the completed Registration Page which is completed online at
(insert web site).
2. Membership
Membership of The Line Up is
only open to individuals.
SA will not process any
registration that has not completed the mandatory fields where indicated on the
Registration Page.
Membership is offered at the sole
discretion of SA.SA has the right to
accept or reject any registration for membership of The Line Up at its sole and
absolute discretion.
Where you complete the
Registration Page, your registration will be successful upon receipt of an
email from SA confirming that you have been registered.
Once you have successfully
registered for membership of The Line Up, you shall be entitled to the benefits
of membership of The Line Up, as advised by SA from time to time.
You agree that SA may send you
a range of surfing related information, news and promotional marketing
material.
3. Privacy and terms of use of SA’s Website: The personal information that SA collects on the Registration Page shall
be used for the primary purpose of processing your request for membership of The
Line Up and providing you with the benefits of membership which may include
advising providing you with a range of surfing related information, news and
promotional marketing material.SA may
also use your personal information in the manner set out in SA’s Privacy Policy
which can be found on SA’s Website.Your
use of SA’s Website is governed by any terms of use that may be displayed at
SA’s Website from time to time.
4. Cancellation of Membership: SA may
cancel your membership of The Line Up at any time in its sole and absolute
discretion.You may cancel your
membership of The Line Up at any time by:
following the relevant
unsubscribe instructions contained in any electronic communication which you
receive from SA; or
writing to SA to the attention
of “The Line Up” requesting cancellation of your membership of The Line Up; or
emailing SA requesting
cancellation of your membership of The Line Up.
5. Amendment of the terms and conditions
SA may vary these terms and
conditions at any time.SA will notify
you of any amendments to these terms and conditions by:
email to the email address which you notified us of on the
registration page or in any subsequent communication we received from you
updating your contact details; and
by posting the revised terms and conditions SA’s Website.
Your continued registration as
a member of The Line Up after such notifications in clause 5(a) above will
constitute acceptance by you of the amendments.
6. Indemnity
To the full extent permitted by
law, you indemnify and will keep indemnified SA and their directors, officers,
employees, agents and corporate partners from and against all claims, costs,
losses, damages or expenses arising out of or connected in any way from your
registration as a member of The Line Up and you release and will release SA
from any such claims.
To the full extent permitted by
law, all warranties, conditions and representations about The Line Up or the
products and services advertised, offered to be provided or provided by The
Line Up are excluded.If a term is
implied by law into these terms and conditions and the law prohibits provisions
in a contract excluding or modifying liability under that term, then it shall
be included in these terms and conditions.However, liability for a breach of such term will be limited, at SA’s
sole option, to one or more of the following:
in relation to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or acquiring
equivalent goods; or
payment of the cost of having the goods repaired;
in relation to services:
the supply of the services again; or
the payment of the cost of having the services supplied again.
7. Technological issues:SA is not responsible for any infection by computer virus, bugs,
tampering, unauthorised intervention, fraud, technical failures or any other
causes beyond the control of SA.SA
reserves the right to disqualify any individual who tampers with the
registration process and to cancel his or her membership of The Line Up.
8. Third party links and advertising: Hyperlinks
and pointers to internet addresses and websites operated by third parties will
appear on SA’s Website from time to time.Except to the extent that such websites are contained within the same
domain name as SA’s Website, these websites do not form part of SA’s Website and
are not under the control of SA thus SA does not have any responsibility for
the contents of any such hyperlink or website.If you link to any such websites you leave SA’s Website and do so
entirely at your own risk.SA may
display third party advertisements, which may or may not contain hyperlinks or
referral buttons to websites operated by third parties.The display of such advertising does not in
any way imply a recommendation or endorsement by SA of the relevant advertiser,
its products or services or any such linked web sites.If you contact a third party using
functionality provided by SA, including via email, SA accepts no responsibility
for any actions taken by that third party in response to your communication or
for any transactions entered into between you and the relevant third
party.
9. General
This agreement is governed by
the laws of New South Wales.Each party submits to the non-exclusive
jurisdiction of the courts exercising jurisdiction there in connection with
matter concerning this agreement.
No failure to exercise or delay
in exercising any right, power or remedy by SA under this agreement operates as
a waiver of that right, power or remedy by SA.
Any provision of this agreement
that is prohibited or unenforceable in any jurisdiction is ineffective as to
that jurisdiction to the extent of the prohibition or unenforceability.That does not invalidate the remaining
provisions of this agreement or effect the validity or enforceability of that
provision in other jurisdiction.