Australian Surf Cams, Surf Reports and Surf Forecasts
Terms and Conditions
These terms and conditions apply to the use of the swellnet.com website and other digital properties such as mobile sites and Apps ('Service'). By using this these Services, you agree to these terms and conditions. If you do not accept these terms and conditions, you must not use these Services.
Swellnet is owned and operated by Swellnet Pty Limited ACN 113 699 102 ('we', 'us', etc) from Sydney, New South Wales, Australia.
Swellnet reserves the right to update and change the terms and conditions from time to time without notice. Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to the terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the terms and conditions at any time at: http://www.swellnet.com/terms
Violation of any of the terms below will result in the termination of your Account. While Swellnet prohibits such conduct and Content on the Service, you understand and agree that Swellnet cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Information on this website is only general. It does not take account of anyone's individual situation. General information should not be relied on instead of professional advice specifically directed to you and your circumstances.
All intellectual property rights, including copyright, in the Service and its contents are owned or licensed by us or are used by permission. Except as expressly permitted by the Copyright Act 1968 (Cth), and these terms and conditions, you must not reproduce, modify or adapt this website or its contents.
You may download material from the Service and print a copy for your own use, if you do not remove any copyright and trade mark notices in the material.
You acknowledge that these terms and conditions do not transfer any intellectual property right to you in the Service or its contents.
Using the Service
You must not use the Service or its contents:
in breach any law or regulation,
to infringe a third party's rights,
to breach any standards, content requirements or codes promoted by any relevant authority, or
in connection with any information or material that may be, or that may encourage conduct that may be unlawful, threatening, abusive, defamatory, obscene, pornographic, profane or indecent.
Linking to the Service
We permit links to the Service from other websites ('third party websites') on condition that:
you clearly identify the link to the Service as a link to swellnet.com,
you regularly check the link to ensure that it remains current,
you do not provide a link in a context or a manner which disparages our reputation,
you must not use the link or information provided on the Service for your own commercial purposes,
we may cancel our consent to a link at any time and, if we request it, you must immediately remove the link, and
you indemnify us against any harm we may suffer as a result of your link.
Linking to other websites
We provide links to other websites that are not under our control ('linked websites'). You acknowledge that:
we are not responsible for any content contained on those linked websites,
we provide links to linked websites for convenience only and those links should not be construed as an endorsement, recommendation or approval by us of those linked websites, or the owners or operators of those linked websites, and
links to linked websites may not remain current or be maintained.
All registered members will receive Swellnet newsletters and important site notices informing you of matters that may affect your user account.
You may unsubscribe from our emailed newsletter or other messages.
Limitation of liability
[Note: Summary of this clause: Our legal liability to you is limited to the maximum extent the law permits us to limit it.]
To the extent that any implied condition, warranty, term or remedy cannot lawfully be excluded from these terms and conditions ('Non-excludable Condition'), it is included in them. Subject to that, we:
are not liable for any direct or indirect loss or damage, however caused (including by negligence), arising out of your use of or unavailability of this website, its contents, or any linked websites,
Specific terms for SWELLNET PRO subscribers
The following terms apply specifically to users taking out a paid Swellnet Pro subscription:
Swellnet Pro is a completely optional, value-added service offered by Swellnet Pty Ltd. Members have the choice of upgrading to this service during the sign-up process and at any other time within 'settings'.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you'd like.
You are responsible for maintaining the security of your account and password. Swellnet cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A valid credit card is required for paying accounts.
If you choose Visa, Mastercard, or American Express as the payment method, your credit card will be automatically billed at the start of each renewal period.
You may downgrade at any time to avoid being billed when the product expires.
There will be no refunds or credits for partial months of service, or refunds for months unused. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Swellnet does not accept any liability for such loss.
You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the 'settings' link in the global navigation bar at the top right of the screen.
Swellnet, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Swellnet service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Swellnet reserves the right to refuse service to anyone for any reason at any time.
Swellnet reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly, seasonal and annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Swellnet website (swellnet.com).
Swellnet shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
All content posted on the Service is must comply with Australian copyright law.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
Technical support is only provided to paying account holders and is only available via email.
You understand that Swellnet uses third party vendors and hosting partners to provide the necessary technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Swellnet, or any other Swellnet service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Swellnet.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms and conditions.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Swellnet customer, employee, or member, or officer will result in immediate account termination.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Swellnet does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Swellnet shall not be liable for any direct, 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 Swellnet has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Swellnet to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The terms and conditions constitutes the entire agreement between you and Swellnet and govern your use of the Service, superceding any prior agreements between you and Swellnet (including, but not limited to, any prior versions of the terms and conditions).
Questions about the terms and conditions should be sent to support at Swellnet dot com.