Melbourne Surfboard Shop

Terms And Conditions Demo Surfboards

Please read the full demo surfboard terms before booking. They explain deposits, damage, late returns, non-return, payment authorisation, risk, release, indemnity, and legal obligations.

Terms and Conditions of Service / Waiver Agreement

PLEASE TAKE THE TIME TO READ THIS TERMS AND CONDITIONS OF SERVICE/WAIVER AGREEMENT VERY CAREFULLY AS IT PROVIDES INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A CUSTOMER OF MELBOURNE SURFBOARD SHOP. ONLY AGREE AFTER YOU ARE FULLY SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS.

IN THIS AGREEMENT, ‘MELBOURNE SURFBOARD SHOP’ AND ‘MSBS’ INCLUDE THE ENTITY (TRUMPET HEAD PTY LTD TRADING AS MELBOURNE SURFBOARD SHOP), AND WHERE THE CONTEXT PERMITS, ITS DIRECTORS, OFFICERS, SERVANTS, AGENTS, LICENSEES AND AFFILIATES. IT ALSO INCLUDES THE MELBOURNE SURFBOARD SHOP WEBSITE, MOBILE APP AND ANY OTHER ENTITY ESTABLISHED AND DIRECTLY PERTAINING TO MELBOURNE SURFBOARD SHOP. ‘DEMO PRODUCT(S)’ AND ‘SERVICE’ MEANS THE SURFING AND/OR OTHER EQUIPMENT DEMONSTRATED BY ME FROM MELBOURNE SURFBOARD SHOP. ‘CLAIM’ REFERS TO AND INCLUDES ANY LEGALLY RECOGNISED ACTION, SUIT, PROCEEDING, DEMAND, DAMAGE, COST OR EXPENSE HOWEVER ARISING AND INCLUDING, BUT NOT LIMITED TO NEGLIGENCE.

PLEASE NOTE: IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, YOU WILL NOT BE ABLE TO ACCESS THE SERVICES PROVIDED BY MELBOURNE SURFBOARD SHOP, OR THE MELBOURNE SURFBOARD SHOP WEBSITE OR ANY AFFILIATES AND/OR AGENTS IN THEIR CAPACITY AS AFFILIATES AND/OR AGENTS OF MELBOURNE SURFBOARD SHOP.

IN CONSIDERATION OF MELBOURNE SURFBOARD SHOP AGREEING TO PROVIDE THE SERVICES SPECIFIED ON THE MELBOURNE SURFBOARD SHOP WEBSITE AND IN CONJUNCTION WITH ANY AFFILIATED AGENCY I ACKNOWLEDGE AND AGREE THAT:

  1. Registration:In order to utilise the services provided, I acknowledge that I am required by MSBS to become a registered user. In this agreement, a registered user is a user who has created an account through the Melbourne Surfboard Shop website (www.melbournesurfboardshop.com.au). 

1a. In becoming a registered user with Melbourne Surfboard Shop, I agree to provide truthful, accurate and current information about myself as defined by the user registration form on the MSBS website.

1b. I agree to promptly update any changes in registration data to maintain truthful, accurate and current information.

1c. I am over 18 years of age, or if considered a legal minor, have obtained consent of a legal parent and/or guardian to use the services offered by Melbourne Surfboard Shop.

1d. I am not barred from using such services under Australian Federal or State Law.

1e. I agree that I am responsible for any account activity that occurs under my Melbourne Surfboard Shop account. In so doing, I further agree to monitor my account to restrict use by minors and I accept full responsibility for any unauthorised use of MSBS property or services under the auspices of my account. 

1f. I may not share my account or account password with anyone and agree to immediately inform Melbourne Surfboard Shop of any unauthorised access to my account or other form of security breach. 

1g. I agree that if I provide any information that is untrue, inaccurate, not current or incomplete, or Melbourne Surfboard Shop has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MSBS will suspend my account. If further investigation reveals that untrue information has been provided, MSBS reserves the right to terminate my account and refuse any current or future use of MSBS services. I further agree not to create a registered account using a false identity or information, or on behalf of someone other than myself. I agree that I will not have more than one account at any given time. I agree that in the event of my account being suspended or terminated, I will not create an account with MSBS if I have previously been removed or banned from MSBS. 

1h. I acknowledge and agree that I have no ownership or other proprietary interest in my account and further acknowledge and agree that all rights in and to my account are and shall forever be owned by Melbourne Surfboard Shop. 

  1. Payment:I agree to pay all fees and charges on my account in strict accordance with the fees, charges and billing terms effective at the time a fee and/or charge is due and payable. I agree to provide Melbourne Surfboard Shop with a valid credit card (from any issuer accepted by MSBS). In doing so, I acknowledge that my payment provider agreement with the issuer of my credit card governs my use of the designated credit card, and I must refer to that agreement and not this agreement with MSBS to determine my rights and liabilities. By providing MSBS with my credit card payment information, I agree that MSBS is authorised to invoice my registered account for all fees and charges due and payable to MSBS.

2a. I agree to immediately notify Melbourne Surfboard Shop of any change to the billing address or credit card payment information provided.

2b. Security: If, and as required by Melbourne Surfboard Shop, I will provide MSBS with a monetary security payment which will be held by MSBS for the duration of my use of the demo product service period. Subject to clauses 5, 6 and 7 below, that security amount will be refunded to me at the cessation of the service period. I acknowledge that the service period ceases only once the demo product(s) have been returned and assessed by MSBS.

2c. I acknowledge and agree that Melbourne Surfboard Shop reserves the right at any time to change its prices and billing methods upon informing me by means of the email provided by me.

2d. I agree that in cases of damaged, lost, stolen and late return of demo product(s), my credit card will be charged without further authorisation from myself in accordance with replacement costs and/or applicable late return fees. I further agree and acknowledge that these charges will be in addition to any fees and charges I may owe to Melbourne Surfboard Shop. 

2e. If as part of my Melbourne Surfboard Shop registration I choose a subscription plan or upgrade to a subscription plan I acknowledge and agree that the subscription will continue running for its initial designated period of three months with no opt out and, as such, I will be charged accordingly. Thereafter, subscription plans are automatically renewed monthly, and my provided credit card will be accordingly charged. If I wish to terminate a subscription plan, I must do so by informing MSBS and acknowledging and agreeing that MSBS requires thirty (30) days’ notice. MSBS also allows me to pause my subscription for up to one (1) month per calendar year. I acknowledge and agree that I must inform MSBS of my intention to pause my membership fourteen (14) days prior.

2f. If I have become a registered user and created a registered user account to access Melbourne Surfboard Shop’s services as part of a free trial offer or promotion, I agree that the offer or promotion must be used within the offer’s specified time limits. At the cessation of the trial or promotional period, my access to services provided by MSBS will cease. I agree that if I wish to continue accessing the demo product(s) and services provided by MSBS, I must pay either an applicable demo fee or become a subscriber. 

2g. In cases where I believe I have been incorrectly billed; I agree it is my responsibility to notify Melbourne Surfboard Shop within seven (7) days. If I do not, I acknowledge any subsequent dispute will be waived.

2f. Melbourne Surfboard Shop uses Tyro Payments Ltd as the third-party service provider or merchant for payment services. By purchasing any product or service through MSBS, I agree to be subject to and bound by Tyro Payments Ltd.’s privacy policy and further agree to and authorise MSBS and Tyro Payments Ltd to share any relevant information and payment instructions I provide to the extent required to successfully complete my transactions.

  1. Assumption of Risk:Surfing and the use of the demo product(s), even in accordance with its intended use, is inherently dangerous. I acknowledge that I am exposed to certain risks in using the demo product(s) including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and the actions of other persons. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, and/or the demo product(s) being lost or damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks and any subsequent costs incurred in using the demo product(s). 
  2. Use of Demo Product(s): I acknowledge and agree that any advice, recommendation, information or other services provided by Melbourne Surfboard Shop regarding the demo product(s) and its use shall not be construed as contractual conditions, warranties or my exemption from liability for damage to the demo products(s) or injury to myself. I agree that MSBS shall not be liable, subject to clauses specifically outlined in this agreement, for any damage to demo product(s) while in my possession, nor will MSBS be liable for any injuries or death that may occur while the demo product(s) are in my possession. I furthermore acknowledge and agree that MSBS will not be held liable by me or any third party for any loss, damage, injury or death sustained by me as a result of incorrect advice, recommendation, information or services provided by MSBS regarding the demo product(s) or the methods or conditions of use of the demo product(s) whether such loss was caused by any act of negligence, act of recklessness or any breach of duty of care which may be owed to me by MSBS. 
  3. Exclusion of Implied Terms:Where I am a consumer of recreational services and equipment such as the demo product(s) supplied by Melbourne Surfboard Shop, as defined by any relevant law, certain terms and rights usually implied in a contract for goods and services may be excluded. I acknowledge that these implied terms, as well as other terms and rights that may be commonly implied in consumer contracts by statute, and any liability of MSBS flowing from them, are expressly excluded to the extent possible by law, by this agreement. To the extent of any liability arising, the liability of MSBS will be limited to the resupply of the services or payment of having the service(s) resupplied. Under no circumstances will MSBS’s liability extend to consequential loss. 
  4. Release and Indemnity: In consideration of Melbourne Surfboard Shop agreeing to demo to me the demo product(s) I, to the extent permitted by law: (a) release and will release MSBS from all Claims that I may have or may have had but for this release arising from or in connection with my demo and use of the demo product(s); and (b) indemnify and will keep indemnified MSBS in respect of any Claim by any person arising as a result of or in connection with my demo or use of the demo product(s).
  5. Damage to Demo Product(s)/ Loss or Theft of Demo Products:I agree to accept all responsibility and liability for any loss of or damage to the demo product(s), however caused, which occurs during my demo period of the demo product(s). I agree to compensate Melbourne Surfboard Shop for any and all loss of or damage to the demo product(s), including, if required by MSBS, the replacement of the demo product(s), which may occur during the course of my demo of the demo product(s) and authorise MSBS to apply any security amount (as per clause 1 of this agreement) provided by me to MSBS against the costs of such compensation. Furthermore, as per clause 2d above, I agree that in instances where the security amount is inadequate in covering the cost (AU$850), my credit card provided to MSBS will be charged without further authorisation from myself. 
  6. Late Return of Demo Product(s):I agree that my failure to return demo product(s) to Melbourne Surfboard Shop within the agreed upon time frame will result in additional fees. I authorise MSBS to deduct these additional fees from the security amount provided by me to MSBS, as per clause 2b of this agreement.
  7. Non-return of Demo Product(s):In cases where Melbourne Surfboard Shop believe that demo product(s) have been stolen, I acknowledge that I will be reported to law enforcement authorities, and subject to criminal investigation. I also acknowledge that in such instances I will forfeit the entire security amount provided to MSBS. I further acknowledge that I may be pursued for further compensation costs by MSBS and their legal representatives in instances where your credit card payment information cannot be used or does not adequately meet MSBS’s compensation costs as per clause 2d above. 
  8. Fitness to Participate:I declare that I am medically and physically fit and able to participate in the sport of surfing and to use the demo product(s). I understand and accept that Melbourne Surfboard Shop will rely upon this agreement as evidence of my fitness and ability to properly use the demo product. As per clause 3 of this agreement, MSBS will not be in any way liable for any injury or death caused while using the demo product(s) suffered by myself or to third parties as a result of my physical condition or any medical conditions I may suffer from prior to or at the time of my use of the demo product(s).
  9. Privacy: I understand that the information I have provided above is necessary for the objects of Melbourne Surfboard Shop. I acknowledge and agree that the information will only be used for the objects of MSBS and its general business. I understand that I will be able to access the information through MSBS upon reasonable notice. If I neglect to provide any of the required information as specified by MSBS in its application process, my application to use MSBS’s services and demo products may be rejected.
  10. Severance:If any provision of this agreement is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of invalidity or unenforceability. Such severance does not affect the remaining provisions of this agreement or affect the validity or enforceability of it in any other jurisdiction.
  11. Governing Law: This agreement is governed by and construed in accordance with the law of the State of Victoria and the parties irrevocably submit to the jurisdiction of the courts of that State.
  12. Statement:I declare that I have provided all the requested information as required above and I warrant that all information provided is true and correct. I acknowledge that I understand and comply with this agreement in full. I further acknowledge this agreement cannot be amended and any amendments made by myself or a related third party will result in its non-acceptance by Melbourne Surfboard Shop. 

I have read, understood, acknowledged and agreed to the above terms including the warning, exclusion of implied terms, release and indemnity.