Terms and Conditions

By using the website, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the website. You’re not allowed to copy or modify the website, any part of the website, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the website, and you also shouldn’t try to translate the website into other languages or make derivative versions. The website or itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong to Surfing With Noz.

Subject to the terms and conditions of these Terms, Surfing With Noz grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the service for noncommercial and personal use only.

It is Surfing With Noz policy to terminate the access privileges of those who infringe the copyright rights. These Terms and Conditions are a legal agreement between you and Surfing With Noz.

Service Description

The Service is a surf coaching website, helping surfers at any level, to improve their surfing online. Users of the Service users may receive a video analysis of their surfing or be educated by one of our coaches on a video call. For privacy concerns visit the Privacy Policy page.

Changes to the website

Surfing With Noz is committed to ensuring that the website is as useful and efficient as possible. For that reason, we reserve the right to make changes to the website or to charge for its services, at any time and for any reason. We will never charge you for the website or its services without making it very clear to you exactly what you’re paying for.

Security

The Surfing With Noz website stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the website secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Surfing With Noz website won’t work properly or at all. 

Internet & usability

Surfing With Noz does not provide you with the equipment to use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by ISPs or mobile carriers).

You should be aware that there are certain things that Surfing With Noz will not take responsibility for. Certain functions of the website will require the website to have an active Internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Surfing With Noz cannot take responsibility for the website not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the website outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the website, or other third party charges. In using the website, you’re accepting responsibility for any such charges, including roaming data charges if you use the website outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the website, please be aware that we assume that you have received permission from the bill payer for using the website.

Responsibility

Along the same lines, Surfing With Noz cannot take responsibility for the way you use the website. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Surfing With Noz cannot accept responsibility.

With respect to Surfing With Noz’s responsibility for your use of the website, when you’re using the website, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Surfing With Noz accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the website.

Updates

At some point, we may wish to update the website. Surfing With Noz does not promise that it will always update the website so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the website when offered to you, we may also wish to stop providing the website, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the website.

Eligibility

The service is not targeted at those under the age of 18. But targeted at all surfers; age not being a primary factor.

Ownership; Trademarks

We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the service. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.

Fees

Certain content offered through the Service is available to you for a fee (“Paid Content”). Surfing With Noz uses a third-party payment processor (the “Payment Processor”) to link your credit card account to the service. The processing of payments or credits, as applicable, in connection with your use of the Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Surfing With Noz is not responsible for any errors by the Payment Processor. In connection with your use of the Service, Surfing With Noz will obtain certain transaction details, which Surfing With Noz will use solely in accordance with its Privacy Policy.

The price of your service, as well as the currency in which your service is payable, will be specified during the order process and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform).

When you purchase a service, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a service using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your service. Barefoot Surf reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity.

In addition to the service fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions that take place abroad or in a foreign currency. You are responsible for paying any such fees.

Billing management & terms

All Surfing With Noz Website Purchases are processed securely via our third-party payment gateway providers, such as Stripe or PayPal. You must refer to their terms and conditions for additional information.

Support

Unless otherwise agreed by Surfing With Noz in writing, Surfing With Noz is not obligated to provide any support for the service.

Privacy

Surfing With Noz collects registration and other information about you through the service. Our collection and use of this information is described in the Surfing With Noz Privacy Policy, which is incorporated into these Terms.

Feedback

If you provide feedback to Surfing With Noz, you acknowledge that the Feedback is not confidential and you authorize Surfing With Noz to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Surfing With Noz a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

Use of Footage

Unless you give written permission for us to use the footage in Surfing With Noz content, we will not share your clips publicly. The footage could be used as a service in the Surfing With Noz website or on the Surfing With Noz YouTube Channel (or other Social Media platforms) to demonstrate and educate other surfers or audiences of Surfing With Noz.

Termination

You may terminate your use of the service at any time by deleting any Surfing With Noz content from your device or personal computer. Termination is your sole right and remedy with respect to any dispute with Surfing With Noz regarding the Service or these Terms. Surfing With Noz may suspend or terminate your access to the service at any time, for any reason. If Surfing With Noz suspects that you have violated any provision of these Terms, Surfing With Noz may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of Surfing With Noz content in your possession.

You remain solely liable for all obligations related to the use of the service, even after you have stopped using the Service. Neither Surfing With Noz nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the service.

Refunds 

As Surfing With Noz provides one-on-one services, payments are non-refundable. If you are unsatisfied, please contact noah.wallis10@gmail.com to try to resolve any issues you may have had with the service.

Cancellations

If you cancel or don’t show up to the purchased service, you are responsible and will not be reimbursed. Please see under section “No Refunds” for additional information

Third-Party Content

We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). Surfing With Noz is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer).

The service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness.

Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.

The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.

Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Surfing With Noz, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SERVICES FOR A CERTAIN SKILL LEVEL, TITLE, AND NON-INFRINGEMENT. Surfing With Noz DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOU OR YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Surfing With Noz, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Limitation of Liability

NEITHER Surfing With Noz NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE.

Indemnity

You will defend, indemnify and hold Surfing With Noz, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, injuries and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service.

Assignment

These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by Surfing With Noz without restriction. Any assignment attempted in violation of these Terms is void.

Governing Law; Venue

These Terms will be governed by and construed in accordance with the laws of New South Wales, Australia. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the province and federal courts in NSW, Australia.

Claims

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver and Severability of Terms

The failure of Surfing With Noz to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Surfing With Noz. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

Consent to Electronic Communications

By using the Service, you consent to receiving electronic communications from us. These communications may include notices about information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.

Entire Agreement

These Terms are the entire agreement between you and Surfing With Noz regarding your use of the Service.

Contact Us

If you have any questions about our Terms and Conditions, contact me at noah.wallis10@gmail.com

Changes to This Terms and Conditions

I may update the Terms and Conditions occasionally. Thus, you are advised to review this page regularly for any changes. These changes are effective immediately after they are posted on this page.