Albany Surf Lifesaving Club Logo

General Terms & Conditions

ASLSC (“ASLSC, we, us”) grants you access to its website at albanysurfclub.com.au (“Site”) conditioned on your acceptance of the terms, conditions and notices contained herein (“terms”) together with our Return Policy, Cookie Policy, Privacy Policy, Sale Terms and Conditions (“Sales T&Cs”) and any other documents referred to herein.

For the purposes of these General T&Cs “Content” means collectively any text, images, graphics, software, source code specifications, audio files, videos, articles, trademarks, logos, and other information or content made available through the Platform that are not Submissions (as that term is defined below), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such content.

A. General Terms of Use

1. Acceptance of Terms

Please read these terms of use (“terms of use”) and ASLSC’s privacy policy (“privacy policy”) carefully before using the platform. By using the platform on any computer, mobile phone, tablet, console, or other device (collectively “devices”), you agree to these terms of use, and you consent to the collection, use and disclosure of information as described in these terms of use and our privacy policy. If you do not agree to these terms of use and the purpose for processing information set out in our privacy policy, you must exit the platform immediately and discontinue any use of the platform and any content contained therein. If you do not agree to these terms of use and the privacy policy, then you will not be able to download, use, or access the apps. your use of the platform shall be deemed to be your agreement to abide by each of the terms set forth below.  If you do not agree to these terms of use and our privacy policy, you must discontinue any use of the site. 

ASLSC may, in its sole discretion, modify these terms at any time by posting updated terms of use on the site or by sending registered users an email notice. If any modification is unacceptable to you, you must cease using the platform. Continued use of the site despite such modification and notice, will be taken as your acceptance to the change.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with ASLSC or its affiliates for other products or services.

Our Privacy Policy explains how ASLSC collects and uses your personal information and is incorporated into these Terms of Use. For further information please refer to our Privacy Policy.

Please make sure to check this page from time to time to take notice of any changes ASLSC has made to these Terms of Use.

These Terms of Use were updated as of 14 September, 2023

2. Use and Restrictions

The Platform is intended for access and use by persons with legal capacity under applicable laws and is not intended for use by minors, or other individuals otherwise barred by law from such access and use.

The Platform is provided solely as a convenience to you for non-commercial use. You may access and use the Platform only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that, if you violate any applicable laws and regulations and these Terms of Use, ASLSC, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to or use of the Platform. In such case, ASLSC shall notify you of such facts prior to the action, or if prior notice is not possible due to the urgency, as practically early as possible.

You agree not to:

  • resell for commercial purposes products through the Platform or through the ASLCSC clubrooms or other sales venues;
  • commercially sell, resell, distribute, or frame the Platform or Content therein;
  • modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
  • collect or use any product listings or descriptions;
  • use any data mining, robots, or similar data gathering and extraction methods from the Site;
  • other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way;
  • forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site;
  • use, frame or utilize framing techniques to enclose any ASLSC or sponsors trademark, logo or other proprietary information (including the images found on the Platform, the content of any text, or the layout/design of any page or form contained on a page) without ASLSC’s express written consent; or
  • use any meta tags or any other “hidden text” utilizing a ASLSC name, trademark, or product name without ASLSC’s express written consent.

When using the Platform, you may not:

  • breach, attempt to breach, or otherwise bypass any security or authentication measures of the Platform, the server on which our Sites are stored, or any server, computer, or database connected to our Platform;
  • transmit into or submit to the Platform any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorised access or causes unauthorised modifications to the Platform, including the systems or servers which host the Platform;
  • use any data mining, robots, or similar data gathering and extraction methods from the Platform;
  • access or attempt to access any systems or servers on which the Platform is hosted or modify or alter the Platform in any way other than for your use of the Platform as expressly permitted in these Terms;
  • attack our Platform via a denial-of-service attack or distributed denial-of-service attack; or
  • forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Platform.

Any unauthorised use of the Platform will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Platform, and may violate applicable law, including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. Copyright

The Content and Sites, as well as the selection and arrangement thereof, are the sole property of ASLSC and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with ASLSC’s express written consent. Other than as necessary for your use of the Platform in accordance with these Terms of Use, ASLSC grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by ASLSC’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smartphone, tablet or other medium for publication or distribution or for any commercial enterprise, without ASLSC’s express prior written consent.

If you print, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at ASLSC’s option, return or destroy any copies of the materials you have made. You may print one copy and may download extracts of any page(s) from the Sites for your personal, non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. ASLSC’s status (and that of any identified contributors or sponsors) as the authors of material on the Platform must always be acknowledged.

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platform are proprietary to ASLSC or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of ASLSC, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. For the avoidance of doubt, regardless of whether these have been applied for or registered in Australia as trademarks or any types of intellectual property, and regardless of whether these are specifically and statutorily protected under the applicable laws and regulations, to the maximum extent permitted and available by the applicable laws and regulations, the Marks and any of ASLSC’s rights and interest therein are protected and respected, and you shall not infringe the Marks and ASLSC’s right and interest therein.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of ASLSC, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ASLSC.

5. Copyright and Trademark Infringements

ASLSC respects the intellectual property rights of others, and we ask you to do the same. ASLSC may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others.

Please also note that for copyright infringements, any person who knowingly, materially misrepresents that material or activity is infringing may be subject to liability, to the extent permitted by applicable laws.

6. Your Account

If you purchase products or services using the Platform (in accordance with the Sale T&Cs available on the Site), you may be prompted to establish an account with ASLSC and at your discretion may choose to do so. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including without limitation, all purchases of products and services through the use of the Platform that occur under your account or your account password.

You agree to immediately notify ASLSC of any unauthorised use of your password or account or any other breach of security by contacting us using the contact details at the end of these Terms of Use. To the extent permitted by applicable laws, we have the right to disable any account or password at any time, for any reason.

Please refer to our Privacy Policy for information about the circumstances in which we may lawfully collect, access and disclose personal information you provide to us, including where we are required to do so or otherwise where we may do so in order to protect the rights of ASLSC or another party.

7. Electronic Communications

In accordance with applicable laws, and where you agree, we may send you electronic communications in the form of email and/or SMS at the email address and/or mobile number nominated by you. You may opt-out of receiving these communications at any time using the instructions set out in the communication. Please note that it may take up to five (5) business days for your request to be processed. If you opt-out, you may still receive communications from ASLSC about your account or any services you have asked to receive from ASLSC. You acknowledge and agree that any electronic communication in the form of such email, SMS or posting on the Platform shall satisfy any legal requirement that such communication be in writing.

You agree that ASLSC may use and/or disclose information consistent with the Privacy Policy.

8. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, images, audio, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Platform (each a “Submission“) and through the services available in connection with the Platform, and that you, and not ASLSC, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. By making a Submission you grant a License (as defined below) in that Submission to ASLSC, and it is your responsibility to ensure you are able to lawfully provide such a License. You represent that the posting and use of your Submission on or through the Platform does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights. You agree to pay for all royalties, fees, and any other monies owed by reason of the Submission you post, and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Unless otherwise explicitly stated herein or in the Privacy Policy, you agree that any Submission provided by you in connection with the Platform is provided on a non-proprietary and non-confidential basis.

You agree that ASLSC is free to use a Submission for the purpose of providing you and others with use of the Platform and providing you with the associated products and services, and, unless the rights in such Submission are assigned to ASLSC under these Terms of Use, you grant ASLSC a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license (“License“) to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify, prepare derivative works of, learn from, and improve our Platform using the Submission.

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights“), you must comply with any applicable ASLSC a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of ASLSC products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and ASLSC and its related companies and affiliates are under no obligation to treat such Submissions as proprietary information except pursuant to the Privacy Policy applicable to personally identifiable information. SUBJECT TO THE LICENSES GRANTED IN THESE TERMS OF USE, YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

For the avoidance of doubt, to the maximum extent permitted by applicable laws, you acknowledge and agree that your and ASLSC’s rights and obligations in respect of the Submission, the License and Personal Rights are subject to the laws of the state of Western Australia, regardless of your residence or location, or where those are created or published.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Platform or otherwise have the right to grant the Licenses to ASLSC set forth in this section; (ii) your Submission is accurate and not misleading; and (iii) the posting of your Submissions on or through the Platform does not violate any applicable privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing to any person by reason of any Submissions posted by you to or through the Platform.

When submitting Submissions to or otherwise using the Platform you agree that you will comply with these Terms of Use and without limitation, that you will not:

  • use the Platform in a manner that uses technology or other means to access the Platform or other content that is not authorized by ASLSC;
  • use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content;
  • take any action that imposes or may impose (in ASLSC’s sole discretion) an unreasonably or disproportionately large load on ASLSC’s infrastructure;
  • attempt to gain unauthorised access to the ASLSC computer network or user accounts;
  • encourage conduct that would constitute a criminal offense or that gives rise to civil liability;
  • attempt to damage, disable, overburden, or impair ASLSC servers or networks;
  • fail to comply with applicable third-party terms;
  • defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • use racially, ethnically, or otherwise offensive language;
  • discuss or incite illegal activity or engage in conduct that is otherwise illegal;
  • use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  • post anything that exploits children or minors or that depicts cruelty to animals;
  • post any copyrighted, trade-secret, proprietary, patented proprietary or trademarked materials without the express permission from the owner of such rights;
  • post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian);
  • disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation;
  • use any robot, spider, scraper or other automated means to access the Platform; and
  • alter the opinions, goals, profiles or comments posted by others on the Platform.

This list of prohibitions provides examples and is not complete or exclusive.

To the extent permitted by applicable laws, if you engage in any of the prohibited misconduct listed above, ASLSC reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Platform (or the services); and (c) refuse, delete, modify, edit or remove any Submissions, with or without cause and with or without notice, for any reason or no reason, or for any action that ASLSC determines is inappropriate or disruptive to the Platform or to any other user of the Platform and/or services. In such case, ASLSC shall take reasonable steps to notify you of such facts prior to the action, or if prior notice is not possible due to the urgency, as practically early as possible.

In accordance with our Privacy Policy, ASLSC may report to and cooperate with law enforcement authorities in relation to, any actions that may be illegal, and any reports it receives of such conduct.

ASLSC takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in those Submissions. As a provider of interactive services, ASLSC is only a forum and, to the maximum extent permitted by applicable laws, is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

The foregoing prohibitions do not require ASLSC to monitor, police or remove any Submissions or other information submitted by you or any other user.

ASLSC prohibits crawling, scraping, caching or otherwise accessing any content on the Site via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with ASLSC’s express consent).

It is ASLSC’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. Accordingly, ASLSC does not accept unsolicited materials or ideas and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree that ASLSC is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

9. Modifications

Any Content offered or posted on the Platform is subject to modification or discontinuation at any time and from time to time. ASLSC notifies you of such modification and discontinuation via its website or (if such modification and discontinuation materially influence you and/or your interest) via email/mobile messages.

Without limiting the foregoing, ASLSC reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Platform. Where we decide to impose fees for a product, service, or Content you are currently using that we previously made available without charge, we will provide you with prior notice of the change. Continued use after notification will be taken as consent to the new fees.

10. Indemnification

To the extent permitted by applicable laws, you agree to defend, indemnify and hold harmless ASLSC, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, and expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Platform; (ii) your breach or alleged breach of the Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will, to the maximum extent permitted by applicable laws, be responsible for any loss or damage that we suffer as a result of your breach of the Terms.

11. Links to Third-Party Websites

The Platform may contain links to websites, widgets, Marks, and other resources owned, controlled, operated or otherwise provisioned by third parties other than ASLSC or its affiliates (collectively “Third-Party Sites”). Access to Third-Party Sites is provided solely as a convenience to you. ASLSC does not control Third-Party Sites and is not responsible for the content, products, services or information offered or collected by any such third parties. The inclusion of Third-Party Sites on the Platform does not imply ASLSC’s endorsement of the content, products, services, or information offered, advertised, endorsed or promoted by any third party or of any company or person. If you decide to access any third-party websites or acquire any third-party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

12. Linking to the Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page. The website from which you are linking must comply in all respects with the Terms. We reserve the right to withdraw linking permission without notice at our sole discretion.

13. Warranties and Disclaimer

As a condition of your use of the platform, you warrant to ASLSC that you will not use the platform for any purpose that is unlawful or prohibited by the terms.

The site, apps, submissions and any content provided via the platform, including links, are provided on an “as is” and “as available” basis with no warranty of any kind. To the maximum extent permitted by applicable laws, ASLSC disclaims all representations, warranties and conditions, express or implied, with respect to the site, apps, submissions, content, and any products or services, including without limitation, warranties or conditions of merchantable quality, merchantability, durability, fitness for a particular purpose, title, non-infringement, freedom from errors, omissions, computer viruses or other malicious or unauthorised code or programs, and implied warranties or conditions arising from course of dealing or course of performance. In addition, and to the extent permitted by applicable laws, ASLSC does not represent or warrant that the site, apps, submissions, content or any products, services or any other information accessible via the platform is secure, accurate, complete or current or that any particular products or inventory will be available at any particular store.

ASLSC will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our Platform or to your downloading of any material posted on it, or on any website linked to it.

In addition, the platform may contain typographical errors or inaccuracies and may not be complete or current. ASLSC therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. To the extent permitted by applicable law, ASLSC reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. If an item becomes unavailable for whatever reason after an order is accepted, ASLSC may terminate the order by giving you written notice. in such event, ASLSC will contact you to arrange for a refund or provision of credit against future purchases.

Minor differences in colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. ASLSC is not liable for these variants and deviations.

Some jurisdictions do not allow the exclusion of guarantees, conditions, warranties or terms implied or imposed by any applicable law. As a result, if you are in Australia not all of the above limitations will necessarily apply to you. Nothing in these terms excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by any applicable law which cannot lawfully be excluded, restricted or modified. If a guarantee, condition, warranty or term is implied or imposed in relation to these terms (a non-excludable provision) and we are able to limit your remedy for breach of such non-excludable provision, then our liability for a breach of a non-excludable provision is limited to one or more of the following, at our sole option:

  • in the case of goods, the replacement of the goods or the supply of equivalent goods, or the payment of the cost of replacing the goods or of acquiring the equivalent goods, or the payment of the cost of having the goods repaired.

Regardless of your residence or place where goods or services are purchased, to the maximum extent permitted by the applicable laws, your legal rights related to those goods or services are governed by the laws of the state of Western Australia.

Nothing in the Terms shall affect your legal rights under applicable consumer laws.

14. Limitation of Liability

To the extent permitted by applicable laws, ASLSC, officers, directors, employees, agents, suppliers, licensors, sponsors and third-party partners will not be liable for any indirect, special, punitive, incidental, exemplary, multiplied or consequential damages, lost profits or revenues or failure to realize expected savings, or any damages whatsoever, whether or not such party has been previously advised of the possibility of such damages, whether under contract, tort (including negligence) or any other theory, including without limitation, arising out of or in connection with any loss or other damages in connection with any unavailability or non-performance of the site or apps, errors, omissions, viruses and malicious code, unless such loss or damages are caused directly by ASLSC’s fraud, recklessness, gross negligence or negligence. To the maximum extent permitted by applicable laws, these limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

15. Governing Law

To the extent permitted by applicable laws, all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Platform must and will be venued exclusively in the state of Western Australia. These Terms of Use and the relationship between you and ASLSC will be governed by the laws of the state of Western Australia. For the avoidance of doubt but subject to the aforesaid, regardless of your residence and place where you created your account, or any other matters, if you access and/or use the Australian website and engage in associated activities therein, Australian laws and regulations apply thereto and prevail over laws and regulations in other jurisdictions.

16. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any other provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

17. No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ASLSC as a result of the Terms or any use of the Platform. ASLSC’s performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of ASLSC’s right to comply with law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by ASLSC with respect to such use.

18. Entire Agreement

The Terms constitute the entire agreement between you and ASLSC with respect to the Platform, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ASLSC with respect to the Platform.

Questions or Concerns

If you have any concerns about material that appears on the Platform, please contact us by emailing us at:  website@albanysurfclub.com.au or by writing to us at:

ASLSC
4 Flinders Parade
PO Box 585
ALBANY  WA  6331

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