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Disclaimer Policy
Disclaimer

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.

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