Surfmap.com.au (“Website” or “Surfmap”) is owned and operated by Surfmap (ABN 82 770 259 034).
2. Users under 18
3.1. Some sections and functions of Surfmap are only accessible to registered users (“Users”).
3.2. In order to become a User of Surfmap, you must provide accurate information about yourself in accordance with the instructions on the Website. It is your responsibility to keep this registration information up to date.
4. Passwords and account security
4.1. Everyone who is successfully registered as a User will receive a username (their email address) and password. It is your responsibility to memorise or store your password in a secure place.
4.2. You are responsible for the confidentiality of your username and password and you will be responsible for all Website activity undertaken using your username. If you learn of any unsolicited activity using your account, you agree to alert Surfmap on email@example.com with the subject line “Security Breach”.
5. General user obligations and undertakings
5.1. Please use Surfmap responsibly. We reserve the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Surfmap believes, in its sole discretion:
b. violates the rights of Surfmap or third parties; or
c. is otherwise inappropriate.
5.2. You agree not to:
a. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation;
b. use another’s name, username or password without permission, or collect or store personal data about other users;
c. impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity (including, without limitation, where Surfmap requires you to register in order to use the Website);
d. download or post any material which you know or ought to know cannot be legally distributed;
e. tamper with, hinder the operation of, or make unauthorised modifications to the Website; and
f. knowingly transmit any virus or other disabling feature to the Website.
6. Content – General
6.1. You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other matter of any kind accessible on Surfmap:
a. whether contributed by Surfmap or by you or any other user; and
b. whether publicly posted or privately transmitted via the Website,
(“Content”), is the sole responsibility of the person or entity which contributed the Content to the Website by uploading or otherwise posting, inserting or providing it.
6.2. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by Surfmap or by the owners of that Content, in a separate agreement.
6.3. You understand and agree that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
6.4. Under no circumstances will Surfmap be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content; editing, restricting or removing your Content; or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Website.
7. Content – User obligations
7.1. If you upload or otherwise post, insert or provide any Content to the Website in the course of accessing or using the Website, you agree that such Content will be available to Surfmap to use (or remove or alter) in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation.
7.2. You agree that you will not upload or otherwise post, insert or provide any Content which:
a. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
b. infringes the intellectual or other proprietary interests of third parties;
c. impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Surfmap considers to be inappropriate;
d. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
e. violates any law, statute or regulation;
f. forges information to disguise the origin of any Content; or
g. encourages or incites any other person to engage in any of the above behaviour.
8. Interaction and monitoring
8.2. Surfmap assumes no responsibility for actively monitoring Interactive Functionality for inappropriate Content. If at any time Surfmap chooses, in its sole discretion, to monitor the Interactive Functionality, Surfmap nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.
9.2. The Website, including e-Newsletters and Surfmap social media profiles, may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Surfmap nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
9.3. All prices displayed, and products and services advertised on the Website, can be changed without notice.
10. Commission and fees
10.1. You acknowledge and accept that Surfmap and its service providers may receive fees and/or commissions from third parties for goods and services that are displayed or made available through the Website, including e-Newsletters, or are hyperlinked from the Website or e-Newsletters.
11.1. Surfmap may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
12. Changing and discontinuing content
12.1. Surfmap reserves the right to alter the Website and any Content at any time. Surfmap may discontinue, temporarily or permanently, the Website (or any part thereof), whether for maintenance or for any other reason, with or without notice.
12.2. You agree that Surfmap shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
13.1. If there is a prolonged period of inactivity between your browser and the Website servers, you may be disconnected or we may ask you to resubmit your password. Surfmap is not responsible for any information you may lose should a disconnection occur.
14. Intellectual property
14.1. The information, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of this Website are protected by copyright, trade mark and other intellectual property laws.
14.2. You agree to grant Surfmap a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content uploaded or otherwise posted, inserted or provided by you, including all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in favour of Surfmap.
14.4. Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of The Urban List. You may not use these trademarks or logos without the express permission of The Urban List. Any unauthorised use of the trademarks or logos is strictly prohibited.
15. General disclaimers
15.1. This Website is provided by Surfmap on an “as is” basis without any express or implied warranty of any kind.
15.2. The World Wide Web exists across open public networks that are neither secure nor private. Accordingly you acknowledge and accept the risk that any communication to or from the Website may be intercepted, used or modified by third parties.
15.3. Surfmap does not warrant that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses or other harmful components.
15.4. You acknowledge that your access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Surfmap’s control.
15.5. Surfmap does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any material on or accessible through the Website.
15.6. Surfmap makes no commitment to update any material on the Website.
15.7. You are responsible for assessing the accuracy, reliability, suitability and currency of the material on or accessible through the Website.
15.8. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Website or the material on or accessible through the Website.
16. Limitation of liability, consumer law and indemnity
16.1. Subject to clause 17.2, neither Surfmap nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:
a. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;
b. any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or
c. any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:
i. the use of the Website;
ii. the use by Surfmap of information provided by you through the Website;
iii. you or anyone else being unable to access the Website for any reason; or
iv. the use of your Website password by you or any third party to whom you have made the password available.
16.2. Surfmap expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Surfmap’s sole discretion):
a. in the case of goods, any one or more of the following:
i. replacement of the goods or supply of equivalent goods;
ii. repair of the goods;
iii. payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv. payment of the costs of having the goods repaired; and
b. in the case of services:
i. re-supply of the services; or
ii. payment of the cost of having the services supplied again.
16.3. You indemnify Surfmap against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by Surfmap, arising out of, or in connection with:
b. any Content submitted by you; or
c. any breach or inaccuracy in any representations or warranties made to Surfmap by you.
17. Law enforcement
17.1. Surfmap reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
19. Terminating your relationship with the company
19.1. These Terms and Conditions of Use will continue to apply until terminated by either you or Surfmap as set out below:
a. if you are registered as a User and want to terminate your membership of Surfmap, you may do so by notifying Surfmap in writing.
b. The Surfmap may, at any time, terminate its agreement with you if:
ii. Surfmap is required to do so by law or valid order of a court government authority.
20. Amendment of terms and conditions of use
21. Choice of law and use of the website
21.2. Surfmap has designed the Website for use only within the Commonwealth of Australia and makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.