Terms of Service
Last updated: 3 January 2025
1. Agreement to Terms
Welcome to Surfboard Rack. These Terms of Service ("Terms") govern your access to and use of the Surfboard Rack website at surfboardrack.com ("Website") and any purchases you make through our online store.
By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
Surfboard Rack is operated from Australia and these Terms are governed by the laws of New South Wales, Australia.
2. Account Registration
To access certain features of our Website, including making purchases, you may need to create an account. When you create an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information to keep it accurate
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorised use of your account
We reserve the right to suspend or terminate accounts that violate these Terms or are used for fraudulent purposes.
3. Products and Services
Digital Products
We sell digital products including DIY plans, guides, and downloadable content. Upon successful payment, you will receive access to download your purchased digital products. Digital products are for personal, non-commercial use only unless otherwise specified.
Physical Products
We may sell physical products such as hardware kits and merchandise. These items will be shipped to the address you provide during checkout. Shipping times and costs vary by location.
Directory Listings
Our Website includes a directory of third-party surfboard rack sellers. We do not endorse or guarantee the products, services, or reliability of listed businesses. Transactions with listed businesses are solely between you and that business.
4. Pricing and Payment
All prices are displayed in Australian Dollars (AUD) unless otherwise stated. Prices are inclusive of GST for Australian customers where applicable.
We reserve the right to change prices at any time without notice. The price charged will be the price displayed at the time of your order.
Payment is processed securely through Stripe. By providing payment information, you represent that you are authorised to use the payment method provided.
5. Refunds and Returns
Digital Products
Due to the nature of digital products, we generally do not offer refunds once the product has been downloaded or accessed. However, we will consider refunds on a case-by-case basis if:
- The product is significantly different from its description
- The product file is corrupted or inaccessible
- You experienced technical issues preventing access (verified by our team)
Physical Products
Physical products may be returned within 30 days of delivery if they are:
- Unused and in original packaging
- Defective or damaged upon arrival
- Significantly different from the product description
To initiate a return, please contact us with your order number and reason for return. Return shipping costs are the responsibility of the customer unless the item is defective or we made an error.
Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law that cannot be excluded, restricted, or modified by agreement.
6. Intellectual Property
All content on this Website, including text, graphics, logos, images, digital downloads, and software, is the property of Surfboard Rack or our content suppliers and is protected by Australian and international copyright laws.
When you purchase digital products, you receive a limited, non-exclusive, non-transferable license to use the product for personal purposes. You may not:
- Resell, redistribute, or share purchased digital products
- Use products for commercial purposes without written permission
- Remove or alter any copyright notices
- Create derivative works for commercial distribution
7. User Conduct
When using our Website, you agree not to:
- Violate any applicable laws or regulations
- Infringe on the intellectual property rights of others
- Submit false or misleading information
- Attempt to gain unauthorised access to our systems
- Interfere with the proper functioning of the Website
- Use automated systems to access or scrape the Website
- Transmit malware, viruses, or harmful code
8. Disclaimer of Warranties
Our Website and products are provided "as is" without warranties of any kind, except as required by Australian Consumer Law. We do not warrant that:
- The Website will be uninterrupted or error-free
- DIY plans will produce specific results
- Third-party directory listings are accurate or reliable
Building projects based on our DIY plans involves inherent risks. You are responsible for ensuring safe construction practices and compliance with local building codes and regulations.
9. Limitation of Liability
To the maximum extent permitted by Australian law, Surfboard Rack shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our Website or products.
Our total liability for any claim arising from these Terms or your use of our products shall not exceed the amount you paid for the relevant product.
10. Indemnification
You agree to indemnify and hold harmless Surfboard Rack, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your violation of these Terms or your use of our products.
11. Third-Party Links
Our Website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Your use of third-party websites is at your own risk.
12. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting a notice on our Website. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.
13. Termination
We may terminate or suspend your access to our Website immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.
15. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
16. Contact Information
If you have any questions about these Terms of Service, please contact us:
Surfboard Rack
Email: hello@surfboardrack.com
Sydney, Australia