Disclaimer

Access to and use of this site is provided by the Surf Life Saving Foundation (Owner - also we, us and our) on the following conditions and any other directions or rules of use on this site (Terms). If you access this site (other than to read these Terms for the first time), you agree to these Terms. We reserve the right to change the Terms at any time by posting changes on-line. You are responsible for informing yourself of any changes by regularly reviewing these pages. If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).

Disclaimers, Liability Limitation and Indemnity General disclaimers

Use of this site is at your risk. None of Owner, its affiliates or any of their respective employees, agents, third party content providers or licensors:

  • Makes any express or implied representation or warranty about, or
  • Shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services (including our products or services) referred to on this site. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    • Your reliance on the completeness, accuracy, suitability or currency of the site or its content (including third party material and advertisements on this site), irrespective of any verifying measures taken by us. This site is designed for general interest only. It is not advice and you should not rely on it.
    • 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.
    • Accessing any sites or servers maintained by other organisations through links on this site. Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk.
    • The provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any e-commerce transacted or attempted to be transacted on this site.
    • Defamatory, threatening, offensive or unlawful conduct of third parties.
    • Breach by us of our Privacy Policy (other than a wilful breach).

No advice given

If you require specific advice for your individual circumstances, consult an appropriate expert directly. Do not rely on the general material on this site. We will endeavour to assist you if you specifically enquire about matters in which we have expertise, but cannot accept any responsibility for doing this.

Exclusion of implied warranties

We exclude all warranties that otherwise would be implied in any transactions for the supply by us of products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).

Continued site availability and access

We do not warrant that we will continue to make this site available generally or at all and reserve the right at any time to impose fees for your future access to any material appearing on this site. We reserve the right at any time to alter the site in such a way as to change the equipment needed by you to access or use the site or any part of it.

Limitation of our liability (if any) to you

Our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:

  • In the case of information or services supplied or offered by us
  • The re-supply of the information or services or payment of the cost of doing this
  • In the case of products supplied or offered by us - repair or replacement of the products, supply of equivalent products, or payment of the cost of doing this; or
  • The amount paid by you (if any) for accessing this site

Indemnity

You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, remands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you as a direct or indirect consequence of using this site.

Rights we cannot exclude, limit or disclaim

This disclaimer, liability limitation and indemnity does not exclude any rights which by law may not be excluded.

  • Copyright and Intellectual Property Notices
  • International copyright protection

The material on this web site is protected by copyright under the laws of Australia and, through international treaties, other countries.

We own or control, and reserve, all rights

Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us.

Personal, non-commercial use

You are authorised to:

  • Download and view content; and
  • Use the software included in this site in doing this
  • For your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

If you are an internet service or access provider, you are authorised to grant access to this site, intact, to your subscribers. You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Prohibited conduct

Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages for any other purpose.

This prohibition does not extend to materials on this site which are expressed to be freely available for re-use or replication, subject to any conditions we specify.

Creating links to this site

You are welcome to create links from your web pages to these web pages. However, you must not use our trade marks in doing so unless you have our written permission. We are happy to discuss this with you.

We can use your feedback

When you send us any feedback or suggestions about this site or our business, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

Trade Mark Notices

Prohibition

No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.

Notice of marks

The logos of Surf Life Saving Australia and the Surf Life Saving Foundation are our registered trade marks.Various devices, including a red and yellow flag in blue disc, are our registered trade marks. Each of our registered trade marks is registered in Australia and may be the subject of rights in other countries.

Other product names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers and our sponsors). The use or misuse of these trade marks, except as expressly authorised, is prohibited.

Disclaimer of association or endorsement

The use by us of a trade mark on this site is not intended to indicate any association with, or endorsement by, the owner of that trade mark.

User Conduct and Indemnity Lawful use only

You must use this site only for lawful purposes.

General prohibitions

You must not up-load, post, transmit or otherwise make available through this site any material which:

  • Violates or infringes the rights of others (including their privacy and publicity rights)
  • Is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person
  • Encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
  • Restricts or inhibits any other user from using or enjoying this site;
  • Affects the functionality or operation of this site or its servers or the functionality or operation of any users' computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
  • Breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

No promotional materials

You must not, without our prior written consent, up-load, post, transmit or otherwise make available through this site any material which contains promotional material, advertising or any solicitation (whether commercial or otherwise) for products of services

No infringement of others' proprietary rights

You must not, without the express permission of the relevant rights owner, up-load, post, transmit or otherwise make available through this site any material protected by copyright, trade mark or other proprietary rights.

Our licence to use your contributions

If you submit material to this site, you grant, or warrant that the owner of such material has granted, to us and our affiliates, third party content providers and licensors a world-wide, non-exclusive, royalty free, perpetual, irrevocable, unrestricted and fully sublicensable right to:

  • Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials, or incorporate them in other works, in whole or in part;
  • Use the names and images (if any) that you submit with any such material; and
  • Exploit all proprietary rights (such as copyright, trade marks and service marks) in any such material, in any form, media or technology now known or later developed, for any purpose, commercial or otherwise (including promotion of us or our objectives).

You waive in favour of us and any person authorised by us all moral and similar rights you may have or later acquire in respect of any such material.

At our request and expense, you will execute and deliver to us such instruments and take such other actions as may be required to carry out this grant of licence and waiver.

Others' licence to use your contributions

If you submit material to this site, you permit all other users to access, view, store or reproduce the material for their personal, non-commercial use.

Monitoring site content

If you submit material to this site, you permit us, for any reason, to:

  • Monitor the content of this site, including chat rooms, electronic bulletin boards, forums and other communications facilities, to determine compliance with these conditions; and
  • Edit, refuse to post or remove any material submitted by you. However, we do not assume any obligation to monitor or censor this material. Additionally, we reserve the right to host unmoderated forums. We are not responsible for materials posted to those forums by third parties.

Co-operation with authorities

We reserve the right to co-operate fully with any law enforcement authority in any jurisdiction in respect of a lawful direction or request to disclose the identity or other information about anyone posting materials which the authority claims violates any applicable law.

Disclaimer about others' materials

You acknowledge that third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

Transactions

Disclaimers apply to all transactions

The disclaimers, liability limitation and indemnity above apply to all transactions effected through, or as a result of accessing, this site.

Inconsistent terms

We are only prepared to provide products and services on the terms and conditions outlined here. If you order products or services on other terms or conditions, any supply of the products or services by us is by way of counter-offer to you on these terms and conditions, which may be accepted by you by accepting the products or services.

Any charge by us to your nominated credit card or other electronic payment facility is not an acceptance of your offered terms and conditions but is in implementation of our counter-offer to you. We will reverse any charge if you do not accept our counter-offer.

Products on linked sites

Third party web sites accessed through links on this site, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which you can accept by linking to a relevant site and executing a transaction.

These are not representations or offers made by us and the relevant third party is solely responsible to you for the delivery, condition and suitability of any products or services you purchase by accessing those sites.

Applicable Law

Queensland, Australia law applies

This site (excluding any linked, third party sites) is controlled by us from Australia. Subject to any over-riding conflict of laws principle, any disputes about this site, its contents or your dealings with us must be determined by the courts having jurisdiction in Queensland, Australia in accordance with laws in force in Queensland. You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms

If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms which will continue in full force and effect.

Site or content may be unlawful outside Australia

We do not warrant that the content of this site complies with the laws of any country outside of Australia. If you access this site from outside of Australia, you do so at your own risk and you accept responsibility for ensuring or confirming compliance with all laws that apply to you as a result of that access or any consequent transactions or dealings with us.

Your responsibilities under laws affecting you

You are responsible for ensuring that your use of this site is lawful, does not infringe any third party's rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

You are of legal age

You warrant that you are of legal age and capacity. Children must not use this site without the express permission of their parents, guardians or other responsible adults.

No offers where illegality arises

Nothing on this site constitutes an offer to provide products or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

English language

These Terms have been prepared in the English language and must be construed accordingly.