Terms & Conditions

Agreement to Terms

Please read these terms and conditions carefully as they set out the terms under which https://www.dksurboards.com.au (the “Website”) sells and otherwise makes products available to you (“Terms and Conditions”). We are DK Surfboards and Lemur Lamiations and Dean Kennedy is the surfboard shaper. Deano is a well-known surfboard shaper in Australia (“we” and “us”; and “our”). By purchasing products available on this Website, you as the customer will transact with us.

The Site provides the following services: We make and sell custom Surfboard website with an order form, payment gateway and also a shop for apparel (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions

These Terms and Conditions should be read alongside, and are in addition to, our privacy policy (“Privacy Policy”).

We recommend that you print off and keep a copy of these Terms and Conditions for your future reference. By purchasing any product available on this Website, you agree that you have read, understood and agree to these Terms and Conditions and the Privacy Policy in their entirety (including as amended from time to time). If you do not agree to these Terms and Conditions, you must not purchase any product available on this Website.

Your obligations when using this Website

By using this Website, you confirm that you are aged 18 or over.

You agree to use this Website only for lawful purposes and in a way which does not infringe the rights of any anyone else or restrict or inhibit anyone else’s use and enjoyment of this Website.

You may download and print content from this Website solely for your own personal use. However, you must not copy, use or otherwise deal with Website content for any other reason. You must not modify or redistribute the content of this Website or reproduce, link, frame or deep-link it on any other website without our express written permission. You are not entitled to use the content of this Website for commercial exploitation in any circumstances.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally-binding agreement between you and us for the sale and purchase of the custom Surfboard and apparel on our platform

Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means the goods advertised on the Website;

Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our website https://www.dksurboards.com.au on which the Goods are advertised

Acceptable Use    

Our full Acceptable Use Policy sets out all the permitted uses and prohibited uses of this site.    

You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.  

As a user of this Site, you agree not to:

● systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

● Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences

● Use a buying agent or purchasing agent to make purchases on the Site

● Use the Site to advertise or sell goods and services

● Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

● Engage in unauthorized framing of or linking to the Site

● Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

● Make improper use of our support services, or submit false reports of abuse or misconduct

● Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

● Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

● Attempt to impersonate another user or person, or use the username of another user

● Sell or otherwise transfer your profile

● Use any information obtained from the Site in order to harass, abuse, or harm another person

● Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise

● Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

● Attempt to access any portions of the Site that you are restricted from accessing

● Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

● Delete the copyright or other proprietary rights notice from any of the content

● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

● Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

● Use the Site in a manner inconsistent with any applicable laws or regulations

● Threaten users with negative feedback or offering services solely to give positive feedback to users

● Misrepresent experience, skills, or information about a User

● Advertise products or services not intended by us

● Falsely imply a relationship with us or another company with whom you do not have a relationship     


Our content    

Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws. 

Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.   

You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded. 

We shall (a) prepare the Site and Our Content with reasonable skill and care and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.  

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.  

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.   

Link to third-party content   

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.     

As a convenience to our users, we may make third party software available via this Website. To use the third-party software, you must agree to the terms and conditions imposed by the third-party provider and the agreement to use such software will be solely between you and the third-party provider.

We do not guarantee that any software downloaded via this Website will be free from viruses or other forms of malicious code. We make no representations or warranties concerning the performance, effectiveness or any other aspect of any third-party software downloaded via this Website. In no event shall we be liable for claims of any nature arising from or related to any third-party software downloaded via this Website

Site Management     

We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.  

We do not guarantee that the Site will be secure or free from bugs or viruses. 

You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.  

Modifications to and availability of the Site     

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.    

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases. 

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Australia, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

We own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to this Website and its content (“IPR”).

If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to this Website.

You agree to execute all such deeds and documents and do such acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms and Conditions, or to establish, perfect, preserve or enforce our rights under these Terms and Conditions.

Registration and accounts

You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the website unless you have that person’s express permission to do so.

User IDs and passwords

If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.

Your user ID must not be liable to mislead and must comply with the content rules, you must not use your account or user ID for or in connection with the impersonation of any person.   You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password.  You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

Prices

The prices payable for the items that you order are clearly set out on this Website.  All prices are expressed inclusive of any GST payable. Prices can change and we endeavour to keep our prices updates at all times.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and conditions, any price changes to your service will take effect following email notice to you.


Cooling Off

If you change your mind after making a payment on account you may request a refund by contacting customer services within fourteen (14) days of the transaction. Refunds can only be made to the credit/ debit card used to make the original purchase. 


Availability

If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible. We will contact you to confirm that you are happy to proceed with the order and agree to wait for the original product(s) or would like to select an alternative product.

Supply of Goods

The custom Surfboard and other products sold by us through our Website are manufactured and shipped from a range of different in-house and third-party production facilities based in Australia and overseas.

Contract

There will be no contract of any kind between you and us until payment for your goods is authorised by your bank or credit card issuer. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that payment for the goods is authorised (and not before) a contract will be made between you and us (“Contract”). Authority for payment must be given at the time of the order. Payment for your order will be taken once stock availability has been confirmed. If for any reason the goods cannot be supplied then payment will be refunded in full within 30 days from cancellation of the sale in compliance with distance selling legislation.

Delivery

Delivery will be made to the Australian or International address specified by you. Please note that delivery dates are estimates only. It is your responsibility to ensure that you have given us the correct delivery address and any special delivery instructions.


Returns

We are unable to accept returns or provide refunds for custom made or personalised products unless the product is defective or we are otherwise in breach of our agreement with you and are obliged to do so.

To obtain a refund please return the product(s) to us in the same condition in which you received them. We will examine the returned product(s) and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day, we confirmed to you via e-mail that you were entitled to a refund for the defective product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost incurred by you in returning the item to us.

We will refund any payment received from you using the same method originally used by you to pay for your purchase.

Products must be returned to the following address:

SE Queensland and Northern NSW

Phone Number: +61405819724


Payment & Security

You can pay with any Visa, MasterCard, Maestro, American Express or Visa Delta card, or via PayPal. Your payment card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. It may be necessary to re-confirm your security number for data protection reasons. Payment will be taken for out of stock product(s) to secure stock, only if you are happy to proceed with the order and agree to wait for the product(s). Payments for products will be itemised on your bank statements as showing payment to DK Surfboards and Lemur Laminations.

The purchase on our website will be made in Australian Dollars ($). International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which holders of international credit cards will be liable to pay.


Liability

To the fullest extent permitted by applicable law, our liability to you in respect of an order shall be limited to the value of that order, and we shall not be liable to you for any indirect, consequential, special or punitive loss, harm or damage (including economic loss, loss of profit, loss of revenue, loss of business, wasted expenditure or depletion of goodwill) whatsoever or howsoever caused, including, without limitation, as a result of our negligence.

We use Internet standard encryption technology to protect your data when you transmit it to us. When you use your credit card, all your data is encrypted and held on a Secure Socket Layer (SSL) server. We are constantly updating our technology to provide you with the maximum practicable level of security. To check that you are in a secure area of our Website look at the bottom right of your internet browser and you will see a closed padlock or an unbroken key.

If using a public computer or terminal, always close the browser when you complete an online session.

We will never ask you to confirm any account or credit card details via email and if you receive an email claiming to be from https://dksurboards.com.au asking you to do so then please ignore it and do not respond.

Except as expressly set out in these Terms and Conditions, all implied warranties and representations (whether implied by statute, custom, common law or otherwise) are excluded to the fullest extent permitted by law.

We exclude all representations, warranties, conditions and terms (whether express or implied) to the fullest extent permitted by law.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Any claim arising out of or related to use of this Website must be filed within 3 (3) months from the date on which the claim or cause of action was discovered or reasonably could have been discovered, failing which such claim or cause of action shall be forever barred.


Term and Termination     

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.  

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.  

Events Beyond Our Control

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control (including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

 General       

 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.  

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.  

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.   

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.   

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services. 

For consumers only – Please note that these Terms and Conditions, their subject matter and their formation, are governed by and construed in accordance with the laws of Australia and any disputes will be decided only by the Australian courts. If any of these Terms and Conditions are held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms and Conditions which will continue to be valid and enforceable to the fullest extent permitted by law. Only you and we shall be permitted to enforce these Terms and Conditions.

 A person who is not a party to these Terms and Conditions shall have no right under the Contracts to enforce any term of these Terms and Conditions. 

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at deano@dksurfboards.com.au

                                             Disclaimer

Last updated: 12-02- 2021

WEBSITE DISCLAIMER

The information provided by DK Surfboards and Lemur Laminations (“Company”, “we”, “our”, “us”) on https://www.dksurboards.com.au (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site.

UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.

EXTERNAL LINKS DISCLAIMER

The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

ERRORS AND OMISSIONS DISCLAIMER

While we have made every attempt to ensure that the information contained in this site has been obtained from reliable sources, DK Surfboards and Lemur Laminations is not responsible for any errors or omissions or for the results obtained from the use of this information. All information in this site is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

In no event will DK Surfboards and Lemur Laminations, its related partnerships or corporations, or the partners, agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this Site or for any consequential, special or similar damages, even if advised of the possibility of such damages.

LOGOS AND TRADEMARKS DISCLAIMER

All logos and trademarks of third parties referenced on https://www.dksurboards.com.au are the trademarks and logos of their respective owners. Any inclusion of such trademarks or logos does not imply or constitute any approval, endorsement or sponsorship of DK Surfboards and Lemur Laminations by such owners.

CONTACT US

Should you have any feedback, comments, requests for technical support or other inquiries, please contact us by email: deano@dksurfboards.com.au.