Terms & Conditions

This Website (from here on known as ‘the Website’) within the Terms of Service is operated and owned by Kids Surfwear.  Those who access the Website will be deemed to be in acceptance, without any changes, of the conditions and terms as set out in the following paragraphs.  The Privacy Policy, along with these terms and conditions, are clearly displayed on the Website.  If the viewer does not agree with any of the Terms and Conditions of Use they should immediately vacate the Website and deregister as a member thereof.

1 - Agreement

1.1 - Kids Surfwear will deem this to be a contract between the viewer and itself with regard to use of the Website.

1.2 - Kids Surfwear, as mentioned in the previous clause, 1.1, will include the Website, its owners (occasionally) and any assignees or successors it cares to add.

2 - Website Use

2.1 - Any rights by the viewer of the Website, is purely discretionary and Kids Surfwear may change or modify these Terms and Conditions of Use occasionally at its own discretion.  If the viewer does not agree to these changes made to the Terms and Conditions of Use, the viewer should desist immediately from viewing the Website, otherwise, continued use of the Website will be seen as acceptance of the changed Terms and Conditions of Use will be deemed as being accepted by the viewer.

2.2 - Any person who has not reached the age of consent (in this case eighteen (18) years of age) will need to seek permission from a parent or legal representative before accessing the Website.

2.3 - It is implied and accepted that those who view the Website will not use it for any unlawful purpose or reason.

2.4 - The viewer or user of the Website will not use it to upload any kind of computer virus or Trojan horse style malware or any kind of program that will harm the Website or harm Kids Surfwear’s systems or those belonging to third parties who access the Website.

2.5 - Kids Surfwear retains the right to permanently or temporarily cease to operate the Website and any other services the Website offers without notice to anyone whatsoever.

2.6 - Kids Surfwear retains the right to disallow access to the Website, or parts thereof, without notice at any time to users or viewers of the Website.  Therefore, it is accepted that the user or viewer may stop using the Website at any time.

2.7 - Kids Surfwear will not accept liability or any third party claim from users of viewers of the Website by way of Contract of Tort for any loss due to the termination or suspending of the Website and/or the services available on the Website.  This also applies to the restriction of access to the Website or any of its services offered therein.

3 - Membership

3.1 - The user will agree to give current details about him or herself (Registration Data) when applying for membership.

3.2 - Registration Data will be updated when and as necessary to keep this data current should any details therein change.

3.3 - Kids Surfwear may well change, without any notice whatsoever, any conditions for those who wish to become members on the Website.  Kids Surfwear also retains the right to change or alter the privileges or benefits which members accrue from time to time.

3.4 - If Kids Surfwear allows the user as a member, it will issue a password which must be kept confidential at all times.  Kids Surfwear will not be responsible or liable for loss or damage emanating from unauthorized access by fraudulent use of such password.

3.5 - Kids Surfwear will retain the right to terminate, refuse or freeze membership, the password or usage of the Website at its absolute discretion.

3.6 - With no limit to the previous Clause, 3.5, Kids Surfwear  will retain the right to terminate, refuse or freeze membership of users of the Website if:

a. Kids Surfwear considers that Clause 4.3 has been breached; or that the

b. Registration Data provided is false, out of date or offensive; or is meant to imitate another person.

3.7 - Kids Surfwear will not be held responsible to the user or any third party for loss, damage or any claim arising from such loss or damage.  Neither will it entertain claims for damage or loss arising from the membership being cancelled or suspended.

3.8 - The user or member will agree to being sent electronic mail (email notifications) occasionally for the purpose of advertising changes to the Website, promotions and special offers or advertisements for the site itself

4 - Website Facilities Available

4.1 - The Website offers to provide discussion forums, interactive communications and other services to its members and guests.  Kids Surfwear does, however, insist that users act responsibly when they are accessing these services.

4.2 - Kids Surfwear will not screen any subject matter in the discussion forum or content which is sent to the Website by anyone other than Kids Surfwear.  Users and members must acknowledge that it is possible to view posts which are offensive.

4.3 - Those who use the Website must not post anything which is deemed to be offensive, submit any content or transmit anything through the Website which is considered to be rude, in bad taste, salacious, malicious, defamatory, slanderous, libelous, racially abusive, sexually explicit or offensive.  Any post which infringes on rights of anyone else using the Website or which is promotional will also be disallowed.  Kids Surfwear will determine, at its own discretion, which information is considered to be unacceptable.

4.4 - Kids Surfwear retains the right to edit, modify, remove, refuse any content posted on the Website or added to the Website at its own discretion.  This will also include but not limited to content which contravenes the Clause 4.3 in its sole discretion.

4.5 - Kids Surfwear will not be held liable at all for any kind of loss or any damage which emanates to the user of member or third parties from any information or content posted on the Website or transmitted or used on the Website.

5 - Disclaimer

5.1 - The user or member will accept that they use the Website completely at their own risk. Kids Surfwear will not guarantee or give a warranty as to the accuracy, reliability of the information contained therein, or the timeliness of anything else of the details within the confines of the Website. Users and members rely on this information completely at their own risk.

5.2 - Kids Surfwear will not be held liable for any damage or losses arising from a user, member or third party acting upon any material which is shown on the Website. 6.3 - Kids Surfwear will not make any kind of guarantee that the Website will be deemed to be error free or secure. It will not guarantee that the Website will be virus free and any downloads from the Website is done absolutely at the users or members own risk. Any damage to the users or members computer setup is also at their own risk and Kids Surfwear will not be held liable for any data lost in this transaction.

6 - Warranties

6.1 - The user or member will warrant and represent any material that is posted by them, transmitted or submitted through the Website that:

• The user or member is authorised to use such material.
• The material does not interfere with, or infringe upon, the rights of anyone, including the privacy of said person.
• The material used does not infringe, and is not limited to, any intellectual rights or any trade marks, confidential information or copyrights in any way.
• The material will not be defamatory or considered to be obscene and will not be deemed as ‘passing off’ of the material.
• The material is not deemed to be infringing on regulations or legislation of the Commonwealth of Australia and/or the State of New South Wales.

6.2 - The user or member agrees not to submit, transmit or post on the Website a person’s name, any details which will reveal contacts or any other personal details unless permission is first sought from the other person.

6.3 - The user or member agrees that by submitting, posting or transmitting any such material on the Website, that they will agree to give Kids Surfwear a non-exclusive, perpetual and payment free licence to reproduce, and use the intellectual rights of the material as part of the Website.

7 - Privacy

7.1 - The user or member is deemed to agree to the Privacy and Security Policy as summarized on the Website.

7.2 - The user or member agrees the following:

a. That Kids Surfwear will not be liable for the privacy or information that is posted, submitted or transmitted through the Website and that Kids Surfwear will not be held liable for any information that may be used by any other party.

b. That all and any information that is transmitted, submitted and posted on the Website by the user or member (including information of a personal nature) will be shared by Kids Surfwear and its promotional partners.  The user or member releases Kids Surfwear from any liability concerning the use of said information by its promotional partners.

c. That Kids Surfwear is unable to control the use of this information by others when it is posted, submitted or transmitted to the Website and Kids Surfwear advises that extreme caution is exercised when entering personal or other information of any kind.

8 - Indemnity

8.1 - The user or member indemnifies Kids Surfwear and its owners, employees, directors, officers and agents against any loss of any kind, or damage or claims where loss or damage occurred through a breach of this Agreement by the user or member.  This also applies to the distribution or publication of any material or information which has been posted to the Website by the user or member, or complaints or disputes or charges made by third parties against the user or member.

9 - Links

9.1 - The Website will contain links to other sites operated by third party companies.  Kids Surfwear does not control, nor can control the third party sites and any links on the Website should not be deemed to be an endorsement of said sites by Kids Surfwear.

9.2 - Kids Surfwear will not be deemed to be responsible for any material or content contained in these linked sites.

10 - Intellectual Property Rights

10.1 - Any material or information that appears on the Website must be used only for the personal use of the user or member.

10.2 - Kids Surfwear  will reserve all the intellectual property rights of the Website and software that is necessary to run such Website.  Users and Members will not, without prior consent from Kids Surfwear;

• Distribute the Website, in any shape or form or in part or as a whole.
• Keep the Website, by storing in whole or part, in any shape or form on storage media.
• Re-transmit, in whole or any shape or form, this Website.
• Share or upload any part of the Website to the World Wide Web.

10.3 - Kids Surfwear is deemed to be a registered trademark.  The logo representing this company cannot be used without full, written consent from Kids Surfwear.

10.4 - The user or member will acknowledge that the Website will contain certain advertisements or other material from Kids Surfwear’s promotional partners and that any such material is copyright protected along with the trademarks and any other intellectual property law.

11 - Jurisdiction

11.1 - This agreement is entered into in New South Wales.  The agreement is interpreted and governed by the laws pertaining to New South Wales.

11.2 - The user or member will acknowledge that the Website will contain certain advertisements or other material from Kids Surfwear’s promotional partners and that any such material is copyright protected along with the trademarks and any other intellectual property law.

11.3 - If part or segment of this agreement is deemed to be unenforceable or not valid, this part or segment will be severed and all the remaining parts will continue to be upheld and in operation.