Surf Points 94

Surfing Waves Privacy Policy & Terms Of Service
Privacy Policy

1. CONTACT DETAILS

Surfing Waves
PO Box 366
Melville
WA 6956
Australia

We can be reached via e-mail at

or by mail to the above address.

2. DATA COLLECTION

* For each visitor to our Web page, our Web server automatically recognises only the consumer's domain name / IP Address, but not the e-mail address (where possible).
* We collect aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit.
* The information we collect is used for internal review and is then discarded, used to improve the content of our Web page, not shared with other organizations for commercial purposes.

3. COOKIES

* We use cookies to store visitors preferences, record session information, such as previously read posts on the forum, record user-specific information on what pages users access or visit, alert visitors to new posts or areas that we think might be of interest to them when they return to our site.

4. AD SERVERS

* To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your domain type, your IP address and clickstream information.
* For further information, consult the privacy policies of: Google.com- http://www.google.com/privacy.html

5. CHANGES / UPDATES

* From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only data collected from the time of the policy change forward.
* Upon request we provide site visitors with access to communications that the consumer / visitor has directed to our site (e.g., e-mails, customer inquiries) where that information has not been already discarded upon completion of communication.
* Consumers can access this information by e-mail us at the above address.

6. LINKS

* The sites linked to from Surfing Waves are developed by people over whom Surfing Waves exercises no control. These other sites may place their own cookies on your computer, collect data or solicit personal information. Please check the privacy policy of the individual sites.


If you feel that this site is not following its stated information policy, you may contact us by email or letter at the above addresses.
Term Of Service - Surfing-Waves.com

1. ACCEPTANCE OF TERMS

Surfing-Waves.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice.

2. DESCRIPTION OF SERVICE

* Surfing-Waves.com currently provides users with access to a collection of articles and resources, including forums, and personalised content through its system. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the service may include certain communications from us or third parties, such as service announcements, promotions, and administrative messages, and that these communications are considered part of Service use. You understand and agree that the Service is provided "AS-IS" and that we assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings.

3. YOUR REGISTRATION OBLIGATIONS

* In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. VENDOR ACCOUNT, PASSWORD AND SECURITY

* You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

5. VENDOR CONDUCT

* You understand that all information, data, text, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Surfing-Waves.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Surfing-Waves.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

* upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity,;forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law; "stalk" or otherwise harass another; or collect or store personal data about other users.
* You acknowledge that Surfing-Waves.com does not pre-screen Content, but that Surfing-Waves.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service Without limiting the foregoing, Surfing-Waves.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Surfing-Waves.com or submitted to Surfing-Waves.com.
* You acknowledge and agree that Surfing-Waves.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Surfing-Waves.com, its users and the public.
* You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to confirm and adapt to technical requirements of connecting networks or devices.

6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

* Surfing-Waves.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Surfing-Waves.com the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of Surfing-Waves.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the relevant section on Surfing-Waves.com.
* "Publicly accessible" areas of the Service are those areas of the Surfing-Waves.com network of properties that are intended by Surfing-Waves.com to be available to the general public. By way of example, publicly accessible areas of the Service would include Surfing-Waves.com Vendor Listings and feedback postings that are open to both members and visitors. However, publicly accessible areas of the Service would not include areas or accounts that are limited to members, Surfing-Waves.com services intended for private communication such as Surfing-Waves.com private messages, or areas off of the Surfing-Waves.com network of properties such as portions of World Wide Web sites that are accessible through Surfing-Waves.com but are not hosted or served by Surfing-Waves.com.

7. INDEMNITY

* You agree to indemnify and hold Surfing-Waves.com, and its employees, affiliates, officers, agents, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. NO RESALE OF SERVICE

* You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. MODIFICATIONS TO SERVICE

* Surfing-Waves.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Surfing-Waves.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. TERMINATION

* You agree that Surfing-Waves.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Surfing-Waves.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Surfing-Waves.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Surfing-Waves.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Surfing-Waves.com shall not be liable to you or any third-party for any termination of your access to the Service.

11. DEALINGS WITH ADVERTISERS

* Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Surfing-Waves.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

12. SHOPPING ON SURFING-WAVES.COM

* Products shown on our site are not sold by Surfing-Waves.com. All web pages shown there are simply product description web pages and as such should be used as a general guide only. Product representations and sales are therefore made by those companies featured in our store and not Surfing-Waves.com. Every attempt is made to ensure that the information on the product pages is correct but it is possible that there may be errors or omission to product information or prices. Surfing-Waves.com only receives referral or advertising fees in association with those companies. We have no control over the products, descriptions, prices, sales, or shipping. Your usage of the surf shop deems your acceptance that you will hold Surfing-Waves.com harmless for any matters occurring from such usage and all recourses will be with those companies only and not include Surfing-Waves.com.

13. LINKS

* The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Surfing-Waves.com has no control over such sites and resources, you acknowledge and agree that Surfing-Waves.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Surfing-Waves.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

14. PHORM PROHIBITED

* The contents of this site, and communications between this site and its users, are protected by database right, copyright, confidentiality and the right not to be intercepted conferred by section 1(3) of the Regulation of Investigatory Powers Act 2000.
* The use of those contents and communications by Internet Service Providers or others to profile or classify users of this site for advertising or other purposes is strictly forbidden.

15. SURFING-WAVES.COM'S PROPRIETARY RIGHTS

* You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Surfing-Waves.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
* Surfing-Waves.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Surfing-Waves.com for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

* YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SURFING-WAVES.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SURFING-WAVES.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE / SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SURFING-WAVES.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
* LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SURFING-WAVES.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SURFING-WAVES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

17. NOTICE