Terms and Conditions
(i) not to use this Site to upload or distribute in any way files that contain viruses, bugs, corrupted files, or any other similar software or programs that may damage the operation of computer hardware or software;
(ii) not to interfere or disrupt this Site or any networks connected to this Site;
(iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this Site or any transactions being offered at this Site;
(iv) not to take any action that imposes an unreasonable or disproportionately large load on Surfside Motorcycles infrastructure;
(v) not to use this Site to collect or harvest personal information, including, without limitation, financial information, about other participants at this Site;
(vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
(vii) not to post any misleading, fraudulent, defamatory, obscene or otherwise illegal information on this Site. You agree not to use the services available at this Site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this Site.
All information and material including data, images, text and audio on the Site is the property of Surfside Motorcycles and/or its licensors and is subject to copyright. All trade marks on the Site are the property of Surfside Motorcycles and/or its licensors. You are entitled to view, copy and print any documents from the Site but only for your own internal business purposes. Any sale, transmission or redistribution of the Site or its content, and any copying, modification or other use of the site or its contents for any purposes other than your own internal business purposes, are strictly prohibited.
All software used on the Site is the property of Surfside Motorcycles or its software suppliers. Surfside Motorcycles hereby grants you a non-exclusive, royalty-free, non-transferable, revocable license to use software it owns solely for the purposes of this agreement. Other than to the extent permitted by law, you may not decompile, reverse engineer or otherwise translate such software.
You further acknowledge and agree that Surfside Motorcycles 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 information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Without limiting the foregoing, Surfside Motorcycles does not make any warranty that
(i) the services offered on this Site will meet your requirements,
(ii) the services offered on this Site will be uninterrupted, timely, secure or error-free,
(iii) the results that may be obtained from the use of the services will be accurate or reliable,
(iv) the content or information available on this Site is complete, accurate or available, or
(v) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations. No advice or information, whether oral or written, obtained by you from Surfside Motorcycles or through this Site shall create any warranty not expressly made herein.
Surfside Motorcycles and its shareholders and affiliates shall not be liable for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if they have been advised of the possibility of such loss and whether or not they had any knowledge, actual or constructive, that such damages might be incurred. This exclusion includes, without limitation, any liability that may arise out of third-party claims against you. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to, use of the services provided on this Site or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. In the case of Vendors, you further agree if you become entitled to any recovery, that your recovery shall be limited to the amount of fees or payments you made to Surfside Motorcycles within the six-month period prior to the event or action giving rise to such loss. Nothing in this agreement excludes a party’s liability for death or personal injury caused by negligence.
You shall indemnify, defend, and hold harmless Surfside Motorcycles and its shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including legal and accounting fees) that they may sustain or incur arising from (i) your use of the software available at this Site, (ii) your failure to comply with any applicable laws and regulations or to obtain any licences or approvals from the appropriate government agencies necessary to purchase or sell the subject services, (iii) your use of the content available on this Site in any way contrary to this agreement (iv) your breach of any of your representations, warranties or obligations set forth in this agreement, (v) the sale or purchase, or purported sale or purchase, of services by you, or any loss suffered by or harm to any person or property in any way relating to or caused in whole or in part by the services sold or purchased by you (including to the extent permissible by law, without limitation, any personal injuries or death of any third person caused in whole or in part by such services), (vi) any taxes attributable to the services or due on the purchase or sale of the services, (vii) any dispute between you and a Vendor or Buyer arising out of a transaction initiated on the Site, (viii) alleged errors or omissions or misrepresentations in the information provided by you to Surfside Motorcycles hereunder or in the listings of services on the Site. You agree not to settle any action, claim or demand on our behalf without our prior written consent. Surfside Motorcycles shall have the right to conduct any litigation, with counsel of its choice, at your expense.
You acknowledge that Surfside Motorcycles or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this Site. Surfside Motorcycles, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any information which Surfside Motorcycles in its sole discretion deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorised purposes. Use of this Site, authorised or unauthorised, constitutes consent to such monitoring.
Provision of Data
In order to participate in the services offered at this Site, you must provide certain current, complete, and accurate information about you as prompted to do so by the registration form and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that such data is accurate and current, and that you are authorised to provide such data. If any registration data that you provide is untrue, inaccurate, not current or incomplete, Surfside Motorcycles retains the right, in its sole discretion, to suspend or terminate your account and rights to use the services. Registration data and certain other information about you is subject to our Privacy and Cookies Policy. Solely to enable Surfside Motorcycles to use information you supply us with, you grant to Surfside Motorcycles a non-exclusive licence to
(i) convert such information into digital format such that it can be read, utilised and displayed by Surfside Motorcycles computers or any other technology currently in existence or hereafter developed capable of utilising digital information,
(ii) use, reproduce, modify, display, market, publish, distribute, and transmit the information in connection with operating, demonstrating, or marketing the Site or Surfside Motorcycles services, and
(iii) combine the information with other content provided by Surfside Motorcycles in each case by any method or means or in any medium whether now known or hereafter devised.
The foregoing licences shall include the right to grant sub-licences to the users of the Site to print all or any portion of the information for internal business purposes. Surfside Motorcycles retains all ownership rights in and to any modifications, enhancements or other contributions made by or on behalf of Surfside Motorcycles to any information provided by you. Upon request by you, Surfside Motorcycles shall have up to seven (7) days to remove any of your information or proprietary names from the Site. Surfside Motorcycles will only use the information in accordance with our Privacy and Cookies Policy and as contemplated by this agreement. Except as otherwise stated herein or under our Privacy and Cookies Policy, any material, information or other communication you transmit or post to this Site (“Communications”) will be considered non-confidential and non-proprietary. Surfside Motorcycles will have no obligations with respect to the Communications. Surfside Motorcycles and its designees will be free to copy, store, process, modify, display, market, disclose, distribute, incorporate, transmit and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You agree that Surfside Motorcycles may, in its sole discretion, deny you access to the Site and disable any user name and password associated with you for any reason, including, without limitation, if Surfside Motorcycles believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of this agreement. Surfside Motorcycles reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this Site (or any part thereof) with or without notice. You agree that Surfside Motorcycles shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services offered under this Site. Notwithstanding termination of this agreement, paragraphs 7 (Payment of Fees), 13 (No Warranties), 14 (Limited Liability), 15 (Indemnity), 18 (Termination) and 19 (General) shall survive its termination and shall continue in full force and effect.
This Site is created and controlled by Surfside Motorcycles in Australia and the laws of New South Wales govern this agreement and you and Surfside Motorcycles agree to submit to the exclusive jurisdiction of the courts of New South Wales.
Any waiver of any right or provision of this agreement will be effective only if signed by Surfside Motorcycles and the failure of Surfside Motorcycles to exercise or enforce any term or condition shall not constitute a waiver of such right or provision.
If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect.
Surfside Motorcycles reserves the right to make changes to this Site and this agreement at any time.
Surfside Motorcycles reserves the right to refuse to list or to discontinue the listing of any services as it may choose in its sole discretion and without notice. Without limiting the generality of its right to exclude or discontinue the listing of services, Surfside Motorcycles may, in its sole discretion, exclude services from the Site if they are believed not to meet applicable industry standards or if Surfside Motorcycles receives complaints from users of the Site regarding listed services.
The rights and limitations in this agreement are for the benefit of Surfside Motorcycles and a person who is not a party to this agreement has no right to enforce any term of this agreement.
You are not permitted to assign any of your rights under this agreement without the prior written consent of Surfside Motorcycles.
You may not issue press release or make any public statement regarding your use or participation in the Site without the prior written permission of Surfside Motorcycles.
You and Surfside Motorcycles are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Surfside Motorcycles is intended or created by this agreement.
Buyers and Vendors
All Vendors of services are herein referred to as “Vendors”. All buyers of services are herein referred to as “Buyers.” You are responsible for verifying the identity of Buyers or Vendors and for your decision to enter into a transaction with a Buyer or Vendor. We will have no obligation for and we undertake no obligation to verify the credit rating of, or other information with respect to, any Buyer or Vendor and we make no representation or warranty to you with respect to any Buyer or Vendor or their services.
You will receive a user name and password upon completing the registration process. You are responsible for maintaining the confidentiality of the user name and password, and are fully responsible for all activities that occur under your user name or password. You agree to
(i) immediately notify Surfside Motorcycles of any unauthorised use of your user name or password or any other breach of security, and
(ii) ensure that you exit from your account at the end of each session.
Where Surfside Motorcycles takes your bank account/credit card payment details for the payment of services, we only do so with your authorisation. Wherever we do this, we use 128-bit encryption, as well as SSL certificates when transmitting payment data to our payment providers, in order to protect your data. Surfside Motorcycles might change our payment providers to ones that we consider suitable at any time. Surfside Motorcycles will only use payment providers who comply with data protection legislation and hold your details in as secure a manner as possible.
Surfside Motorcycles do not hold your payment details directly on our systems, although we are able to securely reference these details directly with the payment provider.
Please do not hesitate to contact us regarding any matter relating to these Terms & Conditions via our contact form or email.