TERMS AND CONDITIONS
Welcome to the Global Surf Industries Website for Australia, New Zealand and the United states (“Site”). You should read these Terms and Conditions that govern your use of our Site carefully. Your access and use of this Site constitutes your agreement to these Terms and Conditions. Your access and use of this Site is conditional upon your acceptance and compliance with these Terms and Conditions. If you do not agree to these Terms and Conditions please do not use this site. Acceptance by you of these Terms and Conditions binds you and all of your employees, officers and agents to comply with these Terms and Conditions. Without implying any licence to do so, if you pass on any information contained in the web site to any other person, you should pass on these Terms and Conditions also and draw it to their attention.
These Terms and Conditions set out the entire understanding between Us and you with respect to their subject matter. We may amend these Terms and Conditions at any time by posting the amended Terms and Conditions on this Site. The amended Terms and Conditions will be effective immediately and you will be bound by the amended Terms and Conditions from that time. You should visit this page periodically to review the Terms and Conditions.
This Site is owned and operated by Blue Ball Pty Ltd trading as Global Surf Industries ABN 27 10090 6867 and its related bodies corporate including Global Surf Industries East International Inc. and GSI Operations NZ LP. (referred to collectively as “GSI” “We”, “Our” or “Us”). The materials displayed on this Site, including without limitation all information, text, graphics, names, logos, trade marks, design, software and advertisements (“Content”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on this Site. You may access and display these pages on a computer or a monitor, and print out for your personal, non-commercial use any page or part of any page of this Site. All other use, copying or reproduction (including reproduction on any other Site) of any part of this Site is prohibited unless expressly stated otherwise. You must not use this Site in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this Site should be construed as a license or right of use of any trade mark displayed on the Site without the express written permission of the owner of the trade mark.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, We will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You must ensure that all information provided by you in making use of this Site is and remains accurate and complete.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You must not:
- provide false information when making any orders through the Site;
- tamper with, hinder the operation of, or make unauthorized modifications to the Site; or
- modify, adapt, translate, or reverse engineer any portion of the Site.
We reserve the right to accept or reject your order for any reason, including, without limitation, the unavailability of product, an error in the price or the product description posted on this Site, or an error in your order. We may also cancel your order if you provide erroneous or insufficient information in relation to your credit card details (including number, expiration date or card security value, if required), billing information or shipping address.
Product Information and Prices
Most GSI products displayed on the Site are available in select retail stores in the United States, Australia and New Zealand while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in retail stores. The prices displayed on the Site are quoted in the applicable currency (i.e. Australian Dollars, New Zealand Dollars or United States Dollars) and are valid and effective in the country from which the products are sold and shipped.
Care is taken to provide product prices and descriptions on the Site that are as precise as possible however we cannot guarantee the accuracy of all information posted. Prices may be subject to change due to circumstances beyond our control and typographical errors may occur. Prices online may vary from prices in-store due to special promotions, regional variations or mark downs.
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor and there may be subtle variations between the actual product and its appearance on the Site. We cannot guarantee that your monitor’s display of any color will be accurate.
We make no representations about the accuracy, reliability, completeness or timeliness of the content of this Site. The content of this Site may contain inaccuracies or typographical errors. Your use of this Site and the content is at your own risk. Changes are made periodically to the content of this Site and may be made at any time.
Exclusions and Limitations of Liability
All statutory or implied terms, conditions or warranties concerning the quality or condition of this Site or any goods, information, service, material, advice or recommendation supplied by Us to you through this Site is excluded to the fullest extent permitted by law. If We breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, Our liability for a breach of the applicable term, condition or warranty is limited, to the extent permitted at law, to, at Our election: (a) the resupply of the relevant goods or service; or (b) the payment to you of the cost of having the relevant goods or service supplied again. Except to the extent that liability may not lawfully be excluded, We will not be under any liability to you (or any of your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill or loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with your use of this Site or your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to you or Our negligence or Our breach of Our obligations under these Terms and Conditions.
We do not warrant that any of the functions contained in this Site or your access to this Site will be uninterrupted or error-free, or that any notifications, will be made in a timely manner, or at all.
You must indemnify Us and hold Us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms and Conditions, your access and/or use of this Site or reliance on its contents or information received through it by you or any person accessing any content through you.
Links to Other Sites
We may from time to time publish links to other websites on this Site. Contents, hyperlinks or information held on other sites is not under Our control and We are not responsible for the content of any such sites or any hyperlink contained on such sites. You agree to any terms of access or use imposed by those linked sites. We do not endorse any material on any linked sites and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on any linked sites, nor do we warrant that material on any linked sites does not infringe intellectual property rights of any other person. Any dealings you have with a linked site are at your own risk. We accept no liability for any act, omission or default, whether negligent or otherwise, or any loss or damage occasioned by such negligent act or omission of any service provider or third party in respect of a linked site.
We do not represent or warrant that this Site and any other information or material contained in, downloaded or accessible from this Site, is free from computer viruses, worms, trojans or any other harmful code which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
Privacy Collection Statement
- Your personal information is being collected by Blue Ball Pty Limited ACN 100 906 867 trading as Global Surf Industries (“GSI”).
- Your personal information is collected by GSI for the purposes of selling you our products or providing you with our services. Your personal information may be used for business purposes including marketing and sales of our products and services and for recording statistical data for market analysis. If GSI is unable to collect your personal information, GSI may be unable to sell you products and/or provide you services.
- Your personal information may be disclosed to other GSI group companies and non-GSI group companies, such as service providers, either in Australia or in the following countries: Australia, New Zealand, United States of America
- AUS 1300 857 791
- USA 855 474 6821
- NEW ZEALAND 09 889 6050
If you are accessing this Site from Australia the laws of New South Wales, Australia shall govern these Terms and Conditions, and you submit to the exclusive jurisdiction of the Courts of New South Wales and the Federal Court of Australia.
If you are accessing this Site from the United States the laws of the State of California shall govern these Terms and Conditions and you submit to the exclusive jurisdiction of the Courts of California.
If you are accessing this Site from New Zealand, the laws of New Zealand shall govern these Terms and Conditions and you submit to the exclusive jurisdiction of the Courts of the New Zealand.
In the event the product have purchased online is defective please contact our Customer Care staff. Please note that a change in mind does not constitute an acceptable reason for return.
You have 30 days from the receipt of the online shipment to return any defective item provided the merchandise is unused, in original condition, and is returned in the original shipping container. At our choice, we may replace the item, repair the item or provide you with a credit or refund.