• May 14, 2024 5:46 PM

TERMS OF SERVICE - Sunshine Coast Surf

The Terms of Use

Tandem Qld (Pty Ltd) (Trading As – Sunshine Coast Surf) owns and operates this website. (www.sunshinecoast.surf) By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Tandem (Qld) Pty Ltd owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Tandem (Qld) Pty Ltd. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Tandem (Qld) Pty Ltd or of the relevant trade mark owner.

Security

Tandem (Qld) Pty Ltd cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Tandem (Qld) Pty Ltd provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Tandem (Qld) Pty may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Tandem (Qld) Pty Ltd provides this website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Tandem (Qld) Ltd Pty will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. 

Governing Law

Tandem (Qld) Pty Ltd operates this website from its offices within Australia. The laws of the State of Queensland govern these Terms of Use and the Purchase Terms below, and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

2. Terms of Product Purchase

The Agreement

In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from Tandem (Qld) Pty Ltd products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Tandem (Qld) Pty Ltd once Tandem (Qld) Pty Ltd accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Tandem (Qld) Pty Ltd if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Tandem (Qld) Pty Ltd by selecting products and pressing the “purchase now” button on the checkout page. Tandem (Qld) Pty Ltd reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Tandem (Qld) Pty Ltd at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Tandem (Qld) Pty Ltd upon Tandem (Qld) Pty Ltd acknowledging such order or failing to reject such order within 14 days. We only accept orders from Australian states and territories.

Product Availability

Tandem (Qld) Pty Ltd uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Tandem (Qld) Ltd Pty may need to reject an order you have placed for a product where Tandem (Qld) Pty establishes that it is actually unavailable for delivery. In such cases Tandem (Qld) Pty Ltd will refund in full all amounts you paid in respect of such unavailable product. Tandem (Qld) Pty Ltd cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. We accept Google – Apple Pay and all major credit cards including Mastercard and Visa. Products may also be purchased using Afterpay, subject to Afterpay’s terms www.afterpay.com/terms.

Variation of Products and Price

Tandem (Qld) Pty may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Tandem (Qld) Pty Ltd affiliated retail stores and those found on this website.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in the Delivery Section of this website. The Delivery Policy is expressly incorporated in these Purchase Terms. Please note that to purchase products, your delivery address must be within a suburb where Tandem (Qld) Pty Ltd provides delivery. Orders will not be processed for delivery to an address in a suburb not in Tandem (Qld) Pty Ltd delivery area. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

All returns require a return authority in order to be accepted into our inventory and warehouse.  As such, we request that all returns be discussed prior to shipment with our staff for authorisation. Failing to do so may hinder your opportunity to a proper resolution including, but not limited to, issuing an exchange or store credit 

Tandem (Qld) Pty Ltd is not obligated by law to issue you with a refund if you change your mind or purchase the wrong size.  

3. Customer Product Review terms and conditions

These Terms of Use govern your conduct associated with the Product Review service (the “PR Service”) offered by Tandem (Qld) Pty Ltd . To the extent of any conflict between Tandem (Qld) Pty Ltd Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the PR Service.

By submitting any content to Tandem (Qld) Pty Ltd , you represent and warrant that:

  • you are the sole author and owner of the intellectual property rights thereto;
  • all “moral rights” that you may have in such content have been voluntarily waived by you;
  • all content that you post is accurate;
  • you are at least 18 years old;
  • use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
  • for which you were compensated or granted any consideration by any third party;
  • that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
  • that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold Tandem (Qld) Pty Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

For any content that you submit, you grant Tandem (Qld) Pty Ltd (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Yotpo, Inc.) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

All content that you submit may be used at Tandem ( Qld) Pty Ltd sole discretion. Tandem (Qld) Pty Ltd reserves the right to change, condense or delete any content on Tandem (Qld) Pty Ltd website that Tandem (Qld) Pty Ltd deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. Tandem (Qld) Pty Ltd does not guarantee that you will have any recourse through Tandem (Qld) Pty Ltd to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Tandem (Qld) Pty Ltd reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Tandem (Qld) Pty Ltd are responsible for the contents of your submission.

None of the content that you submit shall be subject to any obligation of confidence on the part of Tandem (Qld) Pty Ltd, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address in connection with your rating and review, you agree that Tandem (Qld) Pty Ltd and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.

By submitting your review you are also consenting to the use of your name, to be published in conjunction with your review.

*Terms and Conditions

SURFBOARD HIRE

Disclaimer and Conditions of Hire

Please review our disclaimer and conditions of hire below. You need to accept these conditions in order to hire our surfboards

Terms Of Agreement

1. Bookings   To secure a booking of the Goods, Sunshine Coast Surf – Surfboard Hire requires a completed online booking form by the Customer. A booking is valid from the date Sunshine Coast Surf – Surfboard Hire confirms acceptance in writing and confirmation of payment is received.

A deposit in cash or credit card details will be required  when the Goods are collected.

All quotations are subject to availability of services quoted and are not guaranteed until confirmation of payment is received and booking confirmed. Some quotations will have validity dates on them and if payment is not received by that expiry date then the quotation will automatically cancel without notification.

The Goods means all goods specified on the booking form.

2. Proper Use and Ownership of Goods   The Customer must use the Goods in a skilful and proper manner for the purposes intended, and in the manner recommended by the manufacturer.

The Customer acknowledges that the Goods are the property of Sunshine Coast Surf – Surfboard Hire . During the period of hire, the Customer shall not sell, lease, pledge, assign, transfer, part with possession of or deal with Goods in any manner which may affect  Sunshine Coast Surf – Surfboard Hire ownership of the   Goods.

The Customer acknowledges having:

  • a) selected the Goods without relying on the skill or judgement or any advice from  Sunshine Coast Surf – Surfboard Hire as to the fitness of the Goods for any particular purposes of the Customer;
  • b) satisfied itself as to the quality and fitness of the Goods for the purposes of the Customer upon taking delivery of the Goods.

3. Breakdown and Damage   The Customer shall be responsible for any loss or damage to the Goods for any reason whatsoever except loss or damage as a result of reasonable wear and tear.

In the event of a breakdown or failure of Goods or defect in the Goods becoming apparent during the Period of Hire, the Customer shall return it immediately or notify Sunshine Coast Surf – Surfboard Hire . The Customer shall not repair or attempt to repair or cause any repair to be made to the Goods without the prior consent of  Sunshine Coast Surf – Surfboard Hire in writing.

If the breakdown or failure is caused by reasonable wear and tear or a defect in the Goods, and was not caused or contributed to by misuse or negligence of the Customer or any person under its control, the Period of Hire shall cease on return or notification to Sunshine Coast Surf – Surfboard Hire .

In no event shall  Sunshine Coast Surf – Surfboard Hire be responsible for any expenditure, damage, sum for delay inconvenience or loss incurred by the Customer (and including no liability for any consequential losses) arising out of any breakdown or failure or any defect in the Goods whether caused by fair wear and tear, lack of repair, negligence or any other reason whatsoever.

No conditions or warranties as to fitness for purpose, merchantable quality, correspondence with the description or otherwise shall be implied in these Conditions of Hire except to the extent that any condition or warranty may be included or be implied by statute and may not be excluded by agreement. Any condition or provision inconsistent with such implied condition or warranty shall be of no force and effect to the extent of that inconsistency. The liability of  Sunshine Coast Surf – Surfboard Hire for a breach of a condition or warranty implied in this Agreement by the Trade Practices Act, 1974 (other than pursuant to s.69 thereof) shall be limited to the replacement of the Goods or the supply of equivalent Goods.

4. Return of Goods   The Customer shall return the Goods to Sunshine Coast Surf – Surfboard Hire on or before the due date as shown on the invoice in good order and condition, including being properly cleaned.

5. Period of Hire   The Hire Period is that period set out in the Booking Form.

If the Customer cancels the booking after it has been accepted or fails to take delivery of the Goods the Customer Sunshine Coast Surf – Surfboard Hire is entitled to keep all monies paid to it. The Customer is not entitled to any refund of the Price if it returns the Goods before the Hire Period Ends.

The Goods shall be deemed to have been duly delivered and returned if delivered and returned to Sunshine Coast Surf – Surfboard Hires’   premises during Sunshine Coast Surf – Surfboard Hires’ business hours.

Where  Sunshine Coast Surf – Surfboard Hire agrees in writing that it will accept return of the Goods other than at Sunshine Coast Surf – Surfboard Hires’ premises, the Customer shall remain responsible for the Goods until the earlier of such time as Sunshine Coast Surf – Surfboard Hire collects the Goods or the expiry of 5 days from after   the date agreed for collection.

Sunshine Coast Surf – Surfboard Hire can repossess the Goods if:

  • a) the Customer fails to pay any hiring charge by the due date;
  • b) the Customer does or permits to be done any act or thing which may prejudice Sunshine Coast Surf – Surfboard Hires’ rights in respect of the Goods; or
  • c) the Customer commits any breach of the Contract.

For the purposes of re-possessing the Goods pursuant to this clause, Sunshine Coast Surf – Surfboard Hire may enter upon or into any premises where the Goods may be without notice and the Customer indemnifies Sunshine Coast Surf – Surfboard Hire in respect of any claims, damages or expenses arising out of   any such action. Repossession of the Goods by or on behalf of Sunshine Coast Surf – Surfboard Hire shall be without prejudice to any other rights of  Sunshine Coast Surf – Surfboard Hire arising out of this Contract.

6. Payment of Hiring Charges   The Customer shall immediately pay to Sunshine Coast Surf – Surfboard Hire   the hiring charges which includes the Price and any additional fees when placing the booking.

In addition to the hiring charges the Customer will pay a cash deposit when collecting the Goods.

The Price is for the hiring of the Goods for the Hire Period. It does not include delivery or pick up, unless otherwise stated.

The Customer must pay to Sunshine Coast Surf – Surfboard Hire in addition to the Price, all costs incurred by Sunshine Coast Surf – Surfboard Hire :

  • a) for delivery of the Goods, including any additional costs for delivery to outside of the delivery area;
  • b) for providing any service to the Customer outside of ordinary work hours, on weekends or public holidays;
  • c) arising from a variation to the Contract, including without limitation: a change in the type of Goods required or a change in the delivery or pick up instructions from those first agreed;
  • d) arising from a failure of the Customer to be in attendance at the agreed time for delivery or pick up of the Goods;
  • e) in cleaning the Goods where it has been returned in an unclean state;
  • f) for repair of the Goods
  • g) in enforcing any provision of the Contract against the Customer; and
  • h) for replacement of any Goods not returned by the Customer at the end of the Hire Period, or at Sunshine Coast Surf – Surfboard Hires’ election 100% of the daily rate applicable under the Contract for each day or part thereof that Goods remains unreturned.

This provision does not limit Sunshine Coast Surf – Surfboard Hires’ rights to damages, compensation or indemnity under any other provision of these Terms.

The Customer must pay interest to Sunshine Coast Surf – Surfboard Hire at the rate of 1% per month on any amount which is overdue, from the date it became due until the date it is paid.

7. Deposit  Sunshine Coast Surf – Surfboard Hire holds the deposit as security for the due performance by the Customer of its obligations and may apply the whole or part of the deposit at any time against moneys due but unpaid or any expenses, loss or damage incurred by Sunshine Coast Surf – Surfboard Hire as a result of a failure by the Customer to perform properly its obligations. Application by Sunshine Coast Surf – Surfboard Hire of the whole or any part of the deposit pursuant to this clause shall be without prejudice to any other rights of  Sunshine Coast Surf – Surfboard Hire arising out of this Contract.

Where Goods are not returned to  Sunshine Coast Surf – Surfboard Hire by the Customer by the expiration of the hire period where an extension of the hire period has not been agreed between the Customer and Sunshine Coast Surf – Surfboard Hire, Sunshine Coast Surf – Surfboard Hire may forfeit the Deposit and shall be at liberty to immediately notify the police of the circumstances and at the cost and expense of the Customer repossess the Goods.

8. Safety   The Customer acknowledges that in connection with the Goods and its use, it is solely responsible for obtaining all advice or information necessary for the safety of and the safe use of the Goods. The Customer assumes all risks and liabilities in respect of the Goods and for injuries to and death of persons and damage to property arising from the possession use or storage of the Goods.

Sunshine Coast Surf – Surfboard Hire  will not be responsible for damage to person or property caused from the use or misuse of Goods. To the maximum extent permitted by law, the Customer indemnifies  Sunshine Coast Surf – Surfboard Hire from any loss of or damage to the goods, and any loss, damage, claim, expense, damage, cost or proceeding which may arise as a result, directly or indirectly, arising from the Customers possession, use and storage of the Goods.