|
Disclaimer and limitation of liability
The Surf The Earth website and the materials
therein are provided as is. Surf
The Earth, its directors, officers,
employees or other representatives (Surf
The Earth) make no representations or
warranties, either expressed or implied, of any
kind with respect to the Surf
The Earth.com.au site, its operation,
contents or information. Surf
The Earth
expressly disclaims all warranties, expressed or
implied, of any kind with respect to the sites
or their use, including but not limited to
merchantability and fitness for a particular
purpose. In accessing this site you agree that Surf
The Earth shall not be liable for damages
arising from the operation, content or use of
the Surf
The Earth.com.au site. You agree that
this limitation of liability is comprehensive
and applies to all damages of any kind,
including without limitation direct, indirect,
compensatory, special, incidental, punitive and
consequential damages.
Links with third parties
This site may contain links with other sites
on the Internet that are owned and operated by
third parties. You acknowledge that Surf
The Earth
is not responsible for the operation of or
content located on or through any such site and
agree that Surf
The Earth.com.au will be a beneficiary of
any protections that such site may create for
itself. Third parties may create hyperlinks from
their web sites to Surf
The Earth.com.au. Surf
The Earth
neither endorses, nor is responsible for, the
content of such third party sites or their use
of links to Surf
The Earth.com.au.
Consumer - Supplier Relationship
Before entering into any agreement, be sure
that you have carefully read and are familiar
with any contractual arrangement that you enter
into. Surf
The Earth is not acting as your general
contractor, agent or lawyer. It is your
responsibility to negotiate the terms of any
relationship you enter into. You should note
that the success of any consumer/supplier
relationship would depend on a number of
factors, including: the conditions that exist
where the requirement is supplied, the level of
communications between the parties and the skill
and knowledge of the parties.
Neither Surf
The Earth
nor any of its employees has any control over
the suppliers or consumer requirements listed on
the Surf
The Earth.com.au website, nor do they
have any control over how or when any supply
will be made. By using a link on the Surf
The Earth.com.au website to request a
supply or by lodging a requirement on the Surf
The Earth.com.au website, you agree that
you are at least 18 years of age and are not
otherwise prevented from entering into a binding
legal agreement.
Copyright
The Surf
The Earth.com.au website contains
information, text, graphics, software and
advertisements ("Content") provided by
Surf
The Earth
and its affiliates and by third parties. The
copyright in the Content is owned by Surf
The Earth, its suppliers and/or licensors
unless expressly indicated otherwise on the
website. The Content is protected by Australian
and international copyright and trademark laws
and is supplied solely for information use.
Apart from any fair dealing permitted under
the Copyright Act 1968 you may not reproduce,
modify, republish, frame, transmit or otherwise
exercise any of the exclusive rights of the
copyright owner in the Content without their
express written permission.
General
You expressly acknowledge and agree that Surf
The Earth
does not exert control over users of the Website
and is not liable for their behavior including
any information uploaded into the WebSite that
is offensive, defamatory, discriminatory,
illegal or in violation of third party rights.
You further acknowledge that Surf
The Earth
has no responsibility for use of listings in its
WebSite by persons engaged in mass email or
spamming activities.
Although Surf
The Earth.com.au will not intentionally
supply you with any inaccurate information, the
information that Surf
The Earth.com.au supplies to you about
requirements and suppliers is being provided on
an "as is" basis, and you acknowledge
that you will use the information at your own
risk.
Surf
The Earth
will not be liable to you or to anyone else for
any damages connected to the information that Surf
The Earth.com.au supplies, whether the
damages are direct, indirect, incidental,
special or consequential. Surf
The Earth.com.au is not giving you any
warranties or guarantees of any kind about the
information that it supplies.
If a dispute arises between you and a
supplier or consumer, you will release Surf
The Earth
from any claims or demands and damages connected
in any way to the dispute, however we will
endeavor to liaise between the parties in order
to arrive at a satisfactory resolution.
Any claim that you bring against Surf
The Earth
that arises out of a service provided to you
will be settled by binding arbitration in
accordance with the commercial arbitration rules
of the Australian Arbitration Association. Any
such dispute or controversy shall be arbitrated
on an individual basis and shall not be
consolidated in any arbitration with any claim
or controversy of any other party. The
arbitration will be conducted in Southport,
Queensland, Australia, and any court of
competent jurisdiction may enter a judgment on
the arbitration award.
Any agreements that you make with Surf
The Earth
relating to information being supplied by Surf
The Earth.com.au or services that you
request will be construed and controlled by
Queensland Law.
Surf
The Earth
may amend this agreement by posting the amended
terms on the Surf
The Earth.com.au website. All amendments
will be become effective 30 days after the date
of posting.
|