Welcome to the website for Surfmud owned by Stayout Industries Pty Ltd ACN 602 942 905 (Surfmud. or We or Our or Us) (Site).
Your access and use of this Site, including the purchase of any of Surfmud’s products from time to time (Products) through this Website, is conditional upon your acceptance and compliance (as relevant) with the provisions contained on this webpage and elsewhere on this Site (which together will be known referred to as the Terms and Conditions).
Please ensure you take the time to read our Terms & Conditions.
Surfmud reserves the right to make changes to this Site and the Terms and Conditions at any time.
By using this Site and/or submitting an order for the purchase of Products through this Site, you agree to comply with the Terms and Conditions. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of this Site. If you violate any Terms and Conditions your right to use and access this Site automatically terminates.
This Site is created and controlled by us in the State of Queensland, Australia. The laws of the Commonwealth of Australia and, and where applicable, the State of Queensland, will govern these Terms and Conditions, the use of the Site by you and purchase of any Products by you through this Site. By using this Site you agree submit to the jurisdiction of the courts of Queensland and any courts of appeal therefrom and agree that any legal action will only be commenced in these forums. The Site is available only to people who can form legally binding contracts under applicable law. If you are under 18 years of age, then you must obtain your parent or legal guardian’s consent before accessing and using this Site.
Use of Site
You may use the content of this Site only for the purpose of shopping on this Site or placing an order on this Site and for no other purpose. You must not use this Site in any manner in any manner that violates any right of Surfmud., or, use it for any purpose that is unlawful, or, or that is prohibited by the Terms and Conditions or breaches any applicable law in Australia or elsewhere relating to your use of or access to this Site.
Your use of and/or access to this Site is conditional on you NOT doing any of the following:
- disrupt, interfere with the security of this Site or anything connected to or used to host or provide this Site;
- restrict, inhibit or interfere with any other person’s use or enjoyment of this Site;
- distribute, post or transmit any material of any kind which is indecent, defames, harasses, threatens, menaces or offends any person or is misleading and/or deceptive;
- infringe the intellectual property rights or other rights of any person;
- make fraudulent, misleading or speculative enquiries, purchases, orders or requests through this Website (including creating accounts or submitting orders by automated means); and
- violate any applicable law.
Any unauthorised use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
No materials from this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written consent of Surfmud.
All rights not expressly granted to you in the Terms and Conditions are reserved by Us.
Intellectual Property Notice
This Site is owned and operated by Surfmud.
The copyright to all content on this Site including site design, logos, icons applets, graphics, images, layouts and text belongs to Us or have a licence to use those materials.
All software used on the site is the sole property of Us or those supplying the software to Us.
All trade marks, brands and logos which are used on this Site are generally either owned by Us or We have a licence to use them. Your access to this Site does not license you to use those marks in any commercial way without Our prior written permission.
- Any comment, feedback, idea or suggestion (Comments) which you provide to Us through this website becomes Our property. If in future We use your Comments in promoting Our Site or in any other way, We will not be liable for any similarities which may appear from such use. Furthermore, you agree that We are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
If you provide Us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
Disclaimer, Limitation of Liability and Indemnity
The Competition and Consumer Act 2010 (Cth), the fair trading legislation in each Australian state or territory and other laws imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibits the exclusion, restriction and modification of such terms (Prescribed Terms). Except as provided by the Prescribed Terms, or as expressly elsewhere provided in the Terms and Conditions:
- This Site is provided for use on an “as is” basis without any warranties of any kind;
- An to the maximum extent permitted by law, all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
- Surfmud, its directors, employees and distributors, do not warrant that Your access to this Site will be uninterrupted or that this Site will operate error free, that any defects will be corrected or that this Site and its servers are free of computer viruses, trojans, spyware and other harmful data, code, components or other material;
- Surfmud, its directors, employees and distributors, do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of this Site, or that they will give notice of such use, modification or alteration;
- Surfmud, its directors, employees and distributors, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the material in this Site. The use of this Site is at your own risk. Changes are periodically made to this Site and may be made at any time; and
- If your use of this Site results in the need for servicing or replacing equipment or data, Surfmud, its directors, employees and distributors are not responsible for those costs.
If a jurisdiction does not allow the exclusion of implied warranties but allows limitations of a certain maximum extent then We limit Our warranties to that extent.
- To the maximum extent permitted by law, except as provided by the Prescribed Terms or expressly in the Terms and Conditions, Surfmud, its directors, employees, suppliers, and distributors shall not be liable for any indirect, incidental, special, consequential and/or punitive loss or damage, including loss of profits, revenue, expectation, business, savings, unavailability of systems or loss of data, whether arising under contract, statute, tort (including negligence) or otherwise, in connection with any use or access of, or any inability to use or access, this Site, any order of Products or the Terms and Conditions.
- You indemnify We are Feel Good Inc. against any losses, liabilities, costs or other expenses incurred by Surfmud in connection with, or arising directly or indirectly as a result of, Your use of or access to this Site or any breach or violation of the Terms and Conditions.
We may terminate these Terms and Conditions and Your access to this Site at any time without notice. In the event of termination you must immediately cease accessing and using this Site and (at our option) return any hard copies of the Material to Surfmud or destroy any hard copies and any other electronic copies of the Material within Your control or possession.
- We may terminate any Order in the event that you breach the Order or the Terms and Conditions.
- Our obligations under the Terms and Conditions or an Order are suspended during the time and to the extent that We are prevented from complying with them by any circumstances beyond Our reasonable control. You may not assign or deal with the Terms and Conditions or an Order.
- The Terms and Conditions and each Order constitute the entire agreement between you and Us.
- If any provision of the Terms and Conditions or an Order is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions or the Order, which will continue in full force and effect.
- If any provision of this these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
- You are not entitled to set off against or deduct from the price any sums owed or claimed to be owed to you by Us.
- The failure by Us to enforce any provision of term and condition of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Our right to subsequently enforce that provision.
- The description, illustration and performance of any Product contained in Our catalogue, marketing material, price list or advertising does not form part of the Terms and Conditions unless implied by Statute and are not capable of being contracted out of.
- Any representation made about fitness for purpose is only made for general guidance only and you should fully satisfy yourself that the Product will meet your requirements and will be suitable for your intended purpose.