TERMS AND CONDITIONS (USE OF WEBSITE) 1. About the Website 1.1. Welcome to www.noosasurfing.com. The following terms and conditions apply to the use of the Website between You (the Customer, you, your) and Asset Lease Qld Pty Ltd ABN 30 632 020 145 pursuant to a licence agreement for the intellectual property rights to Noosa Surfing (Noosa Surfing). 1.2. The Website is operated by Noosa Surfing. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website and/or signing up to the email subscription service, this signifies that the Customer have read, understood and agree to be bound by the Terms. If the Customer do not agree with the Terms, the Customer must cease usage of the Website, and not sign up to use the email subscription, immediately. 1.3. Noosa Surfing reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Noosa Surfing updates the Terms, it will use reasonable endeavours to provide the Customer with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. The Customer’s continued use of the Website following posting of any changes constitutes the Customer’s acceptance of such changes, if the Customer does not agree with these changes the Customer must immediately stop using the Website. 2. Email subscription 2.1. By subscribing to our newsletter, you agree to receive email from us. 2.2. We may use email and targeted online advertising to send you product and services updates, promotional offers and other marketing communications based on the information we collect about you, such as your email address, general location and purchase and website browsing history. 2.3. We process your personal data as stated in our Privacy Policy. You may withdraw your consent or manage your preferences at any time by clicking the unsubscribe link at the bottom of any of our marketing emails, or by emailing us at hello@noosasurfing.com. 2.4. From time to time, you may be required to provide personal information, including: (a) Your name (b) Email address (c) Your business name 2.5. The Customer warrant that any information the Customer gives to Noosa Surfing will always be accurate, correct and up to date. 3. The Customer’s use of the Website 3.1. The Customer agrees to comply with the following: (a) the Customer will use the Website only for purposes that are permitted by: i. the Terms; and ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions; (b) the Customer have sole responsibility for protecting the confidentiality of the Customer’s password (if applicable) and/or email address. (c) the Customer will not use the Website for any illegal and/or unauthorised use or unauthorised framing of or linking to the Website; (d) the Customer consents to and acknowledge that the Customer is opting-in to a subscription for the regular delivery of emails and all related marketing and promotional material to the Customer including to the Customer’s email address as provided in clause 2.4. 4. User Comments, Feedback and other Submissions 4.1. We may from time to time display comments and or feedback from Customers on the Website. 4.2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 4.3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 5. Children’s privacy 5.1. We are committed to protecting the privacy of children. The Customer should be aware that this Website is not intended or designed to attract children under the age of 13 except under parental guidance. We do not knowingly allow children under the age of 18 to order Products. 6. Copyright and Intellectual Property 6.1. The Website and all of the related products of Noosa Surfing are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the compilation of the Website (including but not limited to text, blogs, articles, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or control for these purposes are reserved by Noosa Surfing or its contributors. 6.2. Noosa Surfing retains all rights, title and interest in and to the Website. The Customer may not, without the prior written permission of Noosa Surfing and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Intellectual Property or third party Intellectual Property for any purpose, unless otherwise provided by these Terms. 6.3. Intellectual Property means: 6.3.1. all confidential information, developments, discoveries, innovations, inventions, novel or technical designs, procedures and trade secrets; 6.3.2. the entire copyright (including future copyright and rights in the nature of or analogous to copyright) and moral rights in all works, including but not limited to all works as defined in the Copyright Act 1968 (Cth); 6.3.3. all designs including any within the meaning of the Designs Act 2003 (Cth); 6.3.4. all patents and patented applications, processes and products, including any within the meaning of the Patents Act 1990 (Cth); and 6.3.5. any trade name, brand name, service mark, common law trademark, logo, including any trademark within the meaning of the Trademarks Act 1995 (Cth). 7. Privacy Noosa Surfing takes the Customer’s privacy seriously and any information provided through the Customer’s use of the Website are subject to Noosa Surfing’s Privacy Policy. 8. General Disclaimer 8.1. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. 8.2. Subject to this clause, and to the extent permitted by law: (a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and (b) Noosa Surfing will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. 8.3. Use of the Website is at the Customer’s own risk. Everything on the Website is provided to the Customer “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Noosa Surfing make any express or implied representation or warranty about the Website or any products or services (including the products or any third parties referred to on the Website). This includes (but is not restricted to) loss or damage the Customer might suffer as a result of any of the following: (a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (b) the accuracy, suitability or currency of any information on the Website, or any of its related products (including third party material and advertisements on the Website); and (c) costs incurred as a result of the Customer using the Website or purchasing any of the products of Noosa Surfing. 9. Limitation of Liability 9.1. Noosa Surfing’s total liability arising out of or in connection with the use of the Website or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the sum of $10.00. 9.2. The Customer expressly understand and agree that Noosa Surfing, its affiliates, employees, agents, contributors and licensors shall not be liable to the Customer for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Customer, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss. 9.3. The Customer acknowledge and agree that Noosa Surfing holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Customer as a result of providing The Customer’s Content to the Website. 10. Indemnity 10.1. The Customer agree to indemnify Noosa Surfing, its affiliates, employees, agents, contributors, third party content Noosa Surfings and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with The Customer’s Content; (b) any direct or indirect consequences of the Customer accessing, using or transacting on the Website or attempts to do so; and/or (c) any breach of the Terms. 11. Jurisdiction The Website offered by Noosa Surfing is intended to be viewed by residents of Australia and therefore the Terms are governed by the laws of Queensland. In the event of any dispute arising out of or in relation to the Website, the Customer agrees that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia. 1. Application TERMS AND CONDITIONS (SUPPLY OF PRODUCTS) 1.1 The following terms and conditions (Terms) apply to ordering, shipping, payment, returns and generally govern Your (the Customer, you, your) purchases through Asset Lease Qld Pty Ltd ABN 30 632 020 145 pursuant to a licence agreement for the intellectual property rights to Noosa Surfing (Noosa Surfing) on www.noosasurfing.com (the Website). 1.2 By placing an order, the Customer agrees to be bound by the Terms as amended from time to time. If the Customer are uncertain about any of the Terms, please contact Noosa Surfing before placing an order. 2. Eligibility 2.1 By purchasing Products through the Website, the Customer agrees that: (a) The Customer is at least 18 years old; (b) The Products are for the Customer’s personal use or the child/children of the Customer’s personal use; (c) The Customer lives in Australia; and (d) The Products will only be delivered to an email address in Australia. 3. Products or Services 3.1 All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 3.2 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 4. Vendor platform 4.1 This Website will, from time to time, link to external websites operated by other entities. If you visit these external sites you do so at your own risk. We make no warranty and do not endorse any website www.noosasurfing.com links to, or the products or services they provide. 4.2 This Website will, from time to time, serve as a platform to connect customers to other entities (referred to as Vendors) wishing to sell their products on the Website that Noosa Surfing considers to be complimentary to the Products. If Noosa Surfing does so then it will act as an intermediary between the customer and the Vendor and Noosa Surfing is not a party to the transaction. Noosa Surfing makes no representations or guarantees with respect to the Vendor’s products. If the Customer wishes to purchase a Vendor’s product they do so in accordance with the Vendor’s terms and conditions which will be made available at the time before the Customer places the order. 5. Orders 5.1 Products made available on the Website are for personal use only. The Customer may not sell or resell any products the Customer purchase or otherwise receive from Noosa Surfing. Noosa Surfing reserves the right to refuse any orders that it reasonably believes are for the purposes of resale or otherwise may result in a violation of these Terms. 5.2 All orders placed are an offer to purchase and are subject to acceptance by Noosa Surfing. If an order is not accepted, a full refund will occur at the earliest possible convenience. Noosa Surfing reserves the right to refuse an offer for any reason. 6. Price 6.1 All prices listed on the Website are in Australian dollars and are inclusive of any GST but exclusive of delivery charges and payment charges. 6.2 The prices indicated on the Website may change from to time without notice however once an order is placed, the product shall be charged at the rate in the order. 6.3 In using the Website to purchase the Product, the Customer agrees to the payment of the price listed on the Website for the Product (the Price). 6.4 Payment of the Price may be made through a number of gateway providers including Stripe and Square (the Payment Gateway Provider). 6.5 In using the Payment Gateway Provider, the Customer warrants that it has familiarised itself with, and agree to be bound by, the applicable terms and conditions of use, privacy policy and any other relevant legal documentation by the Payment Gateway Provider. 7. Delivery and returns 7.1 Noosa Surfing will endeavour to ship the Product within 10 business days of the order being placed by the Customer on the Website. 7.2 Noosa Surfing is not responsible for Product(s) that are damaged or lost during transit. Noosa Surfing recommends that the Customer purchases freight insurance in order to have the Customer’s Product(s) covered if transit damage/loss does occur as this is not Noosa Surfing’s responsibility. 7.3 Noosa Surfing ensures all Products shipped are inspected prior to delivery and are packaged with clear handling guidelines if it is fragile. However, as freight is handled by third parties, Noosa Surfing recommends that the Customer thoroughly inspect the Product(s) for damage in transit prior to acceptance. 7.4 If the Customer receives their Product(s) damaged, but the damage is not apparent at the time of initial delivery, then the Customer must submit a claim no later than 7 days from the date of delivery. Absolutely no consideration whatsoever will be given to damaged Product(s) where damage is notified and/or discovered 7 days after the delivery. 7.5 For all claims relating to lost or missing Product(s), the Customer must submit a claim within 14 days, from the anticipated day/time of arrival. Absolutely no consideration whatsoever will be given to missing Product(s) where loss is not notified within 14 days from the anticipated time of arrival. 7.6 If the Customer wishes to return a Product the Customer must provide the original receipt to Noosa Surfing. Failing to do so may mean that Noosa Surfing may not be able to issue an exchange, store credit or gift card. 7.7 Noosa Surfing is not obligated by law to issue the Customer with a refund if the Customer changes their mind or purchase the wrong size. 8. Use of Products 8.1 The Customer agrees to use the Products only for their intended purposes and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause the Customer to assume full responsibility for any loss or damage arising out of their use. Questions as to use can be directed to Noosa Surfing. 9. Consumer Law 9.1 Noosa Surfing excludes all express and implied conditions and warranties in relation to the Products except those conditions or warranties that cannot be excluded by law and Noosa Surfing’s liability under any such conditions or warranties is limited to, at Noosa Surfing’s option, refunding the Price paid by the Customer to Noosa Surfing for the Product. 9.2 Nothing in these T&Cs are intended to have the effect of contracting out of any applicable provisions of the Competition and Consumer Act 2010 (Cth) except to the extent permitted by such Acts. 10. Liability 10.1 Noosa Surfing’s liability for any loss or claim in relation to these Terms, and any supply of the Products (whether under statute, contract, tort, negligence or otherwise) will be limited to the amount of the Price paid by the Customer to Noosa Surfing. 10.2 Noosa Surfing will not be liable to the Customer for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties. 11. Release and Indemnity The Customer indemnifies Noosa Surfing from and against any liability or claim arising directly or indirectly in relation to: (a) the accuracy of all information provided by the Customer to Noosa Surfing in relation to the Products, the Mailing Address or any other matters; (b) the Customer’s breach of these Terms; (c) the negligence or wilful misconduct of the Customer; and (d) any damage, breakage or contamination of the Product during any transport or delivery. 12. Jurisdiction 12.1 The Products offered by Noosa Surfing is intended to be used by residents of Australia and therefore the Terms are governed by the laws of Queensland. In the event of any dispute arising out of or in relation to the Products, the Customer agrees that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.