Terms of use
1. Introduction
Welcome to Surfing on a Cloud. By accessing or using our website or app, you agree to comply with and be bound by the following terms of use. Please read these terms carefully. If you do not agree to these terms, you should not use our services.
2. Acceptance of Terms
Your access to and use of the Surfing on a Cloud website and app is subject exclusively to these terms of use. You will not use the website or app for any purpose that is unlawful or prohibited by these terms. By using the website or app, you fully accept the terms, conditions, and disclaimers contained in this notice.
3. Changes to Terms
Surfing on a Cloud reserves the right to update or modify these terms of use at any time without prior notice. Your continued use of the website or app after any changes indicates your acceptance of the new terms. It is your responsibility to check the terms of use regularly for changes.
4. Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found on our website. By using the website or app, you consent to the processing described therein and warrant that all data provided by you is accurate. You agree to provide us with accurate, current, and complete information and to maintain and update this information to keep it accurate, current, and complete.
5. User Accounts
To access certain features of our app, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and agree not to disclose it to any third party. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. Surfing on a Cloud will not be liable for any loss or damage arising from your failure to comply with this responsibility.
6. Copyright and Intellectual Property
All content included on the website and app, such as text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of Surfing on a Cloud or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on this site and app is the exclusive property of Surfing on a Cloud and protected by Australian and international copyright laws.
The trademarks, logos, and service marks displayed on our website and app are the registered and unregistered trademarks of Surfing on a Cloud and its affiliates. All other trademarks not owned by Surfing on a Cloud or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Surfing on a Cloud or its affiliates.
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the website or app, including text, graphics, code, and software. You may download or print one copy of the materials on the website or app for your personal, non-commercial use only, provided you keep all copyright and other proprietary notices intact.
7. License and Site Access
Surfing on a Cloud grants you a limited licence to access and make personal use of this site and the app, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Surfing on a Cloud. This licence does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.
8. User Conduct
You agree to use the website and app only for lawful purposes. You must not use our website or app to:
- Transmit any unlawful, threatening, defamatory, obscene, or otherwise objectionable material.
- Violate any applicable laws or regulations.
- Engage in any conduct that restricts or inhibits any other user from using or enjoying the website or app.
9. Limitation of Liability
To the fullest extent permitted by law, Surfing on a Cloud excludes all liability for any direct, indirect, incidental, special, or consequential loss or damage arising out of or in connection with your use of the website or app. This includes, but is not limited to, any loss or damage you might suffer as a result of:
- Reliance on the completeness, accuracy, suitability, or currency of the website or app
- The presence of any computer virus or defects on the website or app
- The failure of the website or app to operate in the manner you expected or desired
- Any unauthorised access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from our website or app
10. Indemnification
You agree to indemnify and hold Surfing on a Cloud and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the website or app.
11. Governing Law
These terms of use are governed by and construed in accordance with the laws of Australia. You agree to submit to the exclusive jurisdiction of the courts in Australia.
12. Termination
We reserve the right to terminate or suspend your account and access to the website or app without prior notice, for conduct that we believe violates these terms of use or is harmful to other users of the website or app, us, or third parties, or for any other reason. Upon termination, your right to use the website and app will immediately cease.
13. Refund Policy
For information on refunds related to purchases made through our app, please refer to the refund policy provided by the respective app store (Google Play Store or Apple App Store). All purchases are subject to the terms and conditions of the respective app store.
14. Third-Party Links
Our website and app may contain links to third-party websites or services that are not owned or controlled by Surfing on a Cloud. Surfing on a Cloud has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Surfing on a Cloud 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 such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
15. Entire Agreement
These terms of use, together with our privacy policy and any additional terms to which you agree when using particular elements of the website or app, constitute the entire agreement between you and Surfing on a Cloud with respect to the website and app. If any provision of these terms of use is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of use, which shall remain in full force and effect.
16. Waiver
No waiver of any term of these terms of use shall be deemed a further or continuing waiver of such term or any other term, and Surfing on a Cloud’s failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.
17. Severability
If any provision of these terms of use is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
18. Notices
Any notices or other communications provided by Surfing on a Cloud under these terms, including those regarding modifications to these terms, will be given by email or by posting to the website or app. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
19. Contact Information
If you have any questions about these terms of use, please contact us at:
Surfing on a Cloud
Email: support@surfingonacloud.com
By using the Surfing on a Cloud website and app, you agree to be bound by these terms of use. If you do not agree with any part of these terms, you must cease use of our website and app immediately.
