These terms and conditions comprise Surfsafe Pty Ltd (ABN: 73163063607) (Surfsafe) invitation to treat. When you order a product from Surfsafe you offer to do so pursuant to these terms and conditions. If Surfsafe accepts your offer, you and it agree to be bound by these terms and conditions.
Surfsafe may reject your offer for any reason.
Payment
All payments made by you to Surfsafe are to be in Australian Dollars.
GST
You will pay to Surfsafe Goods and Services Tax (GST) on all products purchased from Surfsafe.
Risks of Delivery and Transport
Title to and all risks arising from the transportation and delivery of the products that you purchase from Surfsafe are accepted by you from the date that Surfsafe delivers the products that you purchase from it to Australia Post.
Surfsafe will deliver the products that you purchase from it to Australia Post within fourteen days of Surfsafe receiving full payment of the products’ purchase price (inclusive of GST).
You agree to release and indemnify Surfsafe from any and all loss and damage and in respect of any and all claims that may be made against Surfsafe (including but not limited to Surfsafe’s defence costs) arising from the products that you purchase from Surfsafe being lost or damaged during their transport or delivery.
Repair, Replace or Refund
If:
Within 12 months of Surfsafe accepting your order to purchase a product, that product has a Defect;
Within 2 days of you finding the Defect, you notify Surfsafe of the Defect by email sent to the address displayed on the “Contacts” page of Surfsafe’s website (Notice of Alleged Defect);
Within 7 days of receiving Surfsafe’s email responding to your Notice of Alleged Defect requesting you to do so (Surfsafe’s Response), you, at your cost, return the product containing the alleged Defect (or those parts of it requested by Surfsafe) to the address stated in Surfsafe’s Response;
Surfsafe, acting reasonably, determines that the returned product contains a Defect (Defective Product);
Surfsafe will, at its discretion, repair or replace the Defective Product (or any part of it) or refund to you the Defective Product’s purchase price and, subject to you providing to Surfsafe invoices and receipts substantiating your costs, reimburse to you:
Your reasonable costs (to be determined at Surfsafe’s sole discretion) of the Defective Product being delivered to Surfsafe, not exceeding $20.00 (Australian Dollars);
Your reasonable costs (to be determined at Surfsafe’s sole discretion) of the repaired or replacement product and any surfboard or other item that you delivered to Surfsafe being delivered to your address within Australia, not exceeding $20.00 (Australian Dollars); and
If the Defective Product is a Surfsafe Inbuilt Shark Deterrent, your reasonable costs (to be determined at Surfsafe’s sole discretion) not exceeding $100.00 (Australian Dollars) for the sum of all costs of that Defective Product being removed from your surfboard or other item and:
The repaired or replacement product being installed in your surfboard or other item; or
If Surfsafe refunds to you the Defective Product’s purchase price, your surfboard or other item being repaired.
If the Defective Product is a Surfsafe Inbuilt Shark Deterrent which had been installed in a surfboard or other item and Surfsafe requested you to deliver to it the surfboard or other item, you must within 7 days of Surfsafe notifying you to do so, collect the repaired or replacement product and surfboard or other item from Surfsafe, at your cost. However, clause 8.ii. applies.
Clauses 5 and 7 apply to all repaired or replacement products as though the repaired or replacement products are products that you purchased from Surfsafe.
If Surfsafe, acting reasonably, determines that the returned product does not contain a Defect, you agree to:
a) within 7 days of Surfsafe notifying you of its decision, collect the product that you alleged contained a Defect and any surfboard or other item that you delivered to Surfsafe from Surfsafe, at your cost; and
b) release and indemnify Surfsafe from any and all costs, loss and damage and in respect of any and all claims that may be made against Surfsafe (including but not limited to Surfsafe’s defence costs) arising from you alleging that the product contained a Defect, removing that product from a surfboard or other item or transporting that product to or from Surfsafe.
Surfsafe is not liable for and you agree to release and indemnify Surfsafe in respect of any and all costs, loss and damage arising from or caused to you surfboard or other items whilst they are in Surfsafe’s possession.
Notice of Alleged Defect
Your Notice of Alleged Defect must explain the alleged Defect in writing, record the alleged Defective product’s Surfsafe order number and contain photographs of the alleged Defective product.
If you allege that a Surfsafe Inbuilt Shark Deterrent has a Defect and that product has been installed in a surfboard or any other item, the photographs of the alleged Defective Inbuilt Shark Deterrent must clearly display:
a) all parts of the alleged Defective Inbuilt Shark Deterrent whilst it is installed in the surfboard or other item; and
b) all parts of the surfboard or other item within a radius of 10cm from each of the installed parts of the alleged Defective Inbuilt Shark Deterrent.
Returning Products
If you allege that a Surfsafe Inbuilt Shark Deterrent has a Defect, that product has been installed in a surfboard or other item and Surfsafe’s Response requests you to do so, you must, at your cost, either:
a) have an appropriately qualified person remove the alleged Defective Inbuilt Shark Deterrent (or that part of it as requested by Surfsafe) from the surfboard or other item and return only the parts of alleged defective Inbuilt Shark Deterrent requested by Surfsafe to Surfsafe; or
b) deliver the surfboard or other item with the alleged Defective Inbuilt Shark Deterrent in situ to Surfsafe.
Defect
In these terms and conditions, the word “Defect” means any fault in the product which:
a) caused the appropriate parts of the product not:
i) in the case of Surfsafe’s Inbuilt Shark Deterrent, to hold a charge or emit an electric field as was intended by Surfsafe; or
ii) in the case of the Surfsafe’s Inbuilt Shark Deterrent charger, to deliver electrons to Surfsafe’s Inbuilt Shark Deterrent as was intended by Surfsafe; and
b) was not caused by, contributed to or the result of:
i) the product being misused by persons other than Surfsafe;
ii) the negligence of any person other than Surfsafe; or
iii) the product not being installed in accordance with Surfsafe’s Installation Instructions.
Surfsafe’s telephone number is published on the “Contacts” page of Surfsafe’s website (as amended by Surfsafe from time to time).
Surfsafe Inbuilt Shark Deterrent – Damage to Exterior Protective Cover
Surfsafe will not repair or replace or refund to you the purchase price of a Surfsafe Inbuilt Shark Deterrent if its exterior protective cover was damaged after that product left Surfsafe’s possession and you assumed ownership of it.
Australian Consumer Laws
You agree that you have been informed that:
Surfsafe’s products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have Surfsafe’s products repaired or replaced if Surfsafe’s products fail to be of acceptable quality and the failure does not amount to a major failure.
Clauses 8 to 16 do not apply to you if you are purchasing Surfsafe’s products for resale.
Cancellation
Once you order and pay Surfsafe for a product, you may not cancel your order without Surfsafe’s written consent.
Installation
You must ensure that the products that you purchase from Surfsafe are installed either:
a) by an Approved Installer and in accordance with Surfsafe’s Installation Instructions; or
b) install the system with trained Surfsafe’s Installer.
In these terms and conditions, the words “Approved Installer” mean those persons identified on Surfsafe’s website as being Approved Installers at the time that the relevant product was purchased from Surfsafe.
In these terms and conditions, the words “Installation Instructions” mean those video instructions regarding the installation of the product available on Surfsafe’s website at the time that the relevant product was purchased from Surfsafe.
You agree to release and indemnify Surfsafe from any and all loss and damage and in respect of any and all claims that may be made against Surfsafe (including but not limited to Surfsafe’s defence costs) arising from any damage caused by:
a) the installation of any product purchased by you from Surfsafe; or
b) any product that you purchased from Surfsafe having been installed in any item.
Use
You agree to comply with Surfsafe’s User Instructions as published on Surfsafe’s website (as updated from time to time).
When in operation, Surfsafe’s Inbuilt Shark Deterrent emits an electric field. You agree to ensure that all potential users of the products that you purchase from Surfsafe (including but not limited to you), prior to using Surfsafe’s Inbuilt Shark Deterrent:
a) seek medical advice from an appropriate expert (Expert) as to whether the emitted electric field may negatively affect their health; and
b) disclose to the Expert all of their relevant medical history including but not limited to in respect of heart disease, heart problems, cardio vascular issues, stroke, fainting, pregnancy and any battery powered aid or prosthetic.
In the event that you do not comply with clause 27, you agree to release and indemnify Surfsafe from any and all loss and damage and in respect of any and all claims that may be made against Surfsafe (including but not limited to Surfsafe’s defence costs) arising from any person using the operating Inbuilt Shark Deterrent that you purchase from Surfsafe.
Surfsafe’s Inbuilt Shark Deterrent and its charger are electrical devices. You agree to undertake your own investigations in respect of whether or not such devices:
a) are permitted on any aircraft, train, ship or any other vehicle or vessel on which you intend your purchased Inbuilt Shark Deterrent and its charger to travel; and
b) offend any customs laws or policies in any destination to which you intend your purchased Inbuilt Shark Deterrent and its charger to travel.
You agree to release and indemnify Surfsafe from any and all loss and damage and in respect of any and all claims that may be made against Surfsafe (including but not limited to Surfsafe’s defence costs) arising from Surfsafe’s Inbuilt Shark Deterrent and its charger not being permitted on any aircraft, train, ship or any other vehicle or vessel or into any continent, country, State, region, city, town, marine area or legal jurisdiction.
Surfsafe’s Representations
Sharks and other marine life are unpredictable and marine environments are diverse.
Surfsafe does not warrant or represent that Surfsafe’s Inbuilt Shark Deterrent will in all situations prevent or reduce the risk of shark attack.
Surfsafe recommends to service the Rpela device every 6 months with an authorised technician .
You agree to release and indemnify Surfsafe from any and all loss and damage and in respect of all claims that may be made against Surfsafe (including but not limited to Surfsafe’s defence costs) by reason of a shark or other creature attacking, contacting or approaching the user of the Surfsafe Inbuilt Shark Deterrent that you purchase.
Surfsafe Inbuilt Shark Deterrent has a working life not exceeding 2 years.
Your Representations
You represent to Surfsafe that:
a) you are legally capable of entering into a binding agreement with Surfsafe;
b) you have full authority, power and capacity to agree to these terms and conditions; and
c) the information that you provide to Surfsafe is accurate.
You agree to not knowingly enter any environment in which, but for Surfsafe’s Inbuilt Shark Deterrent, you are at an immediate risk of shark attack.
Privacy
You agree to Surfsafe collecting your personal information, such as your contact details, and if necessary disclosing it to third parties involved in the delivery of any product that you purchase from Surfsafe and, if necessary, Surfsafe’s insurers and legal and financial advisers.
Entire Agreement
The following:
a) your offer to purchase a product, which you make when you complete Surfsafe’s Order Form;
b) Surfsafe’s acceptance of your offer; and
c) these terms and conditions;
Constitute your entire agreement with Surfsafe.
You agree that you have not relied on any representations whether made orally, in writing or by conduct that are not contained within those items set out in clause 39.
Severance
If any part of these terms and conditions becomes void or is unenforceable, that part is, or will be severed from these terms and conditions so that all parts of these terms and conditions that are not or do not become void or unenforceable remain in full force and effect and are unaffected by that severance.
Applicable Law
Your agreement to purchase any product from Surfsafe and these terms and conditions are governed by the laws in force in Western Australia and you irrevocably and unconditionally submit to the jurisdiction of the courts of Western Australia and any courts that may hear appeals from those courts.
Competitions
The following:
a) Only 2 devices will be given away.
b) Must be 18 years and older.
c) Must be a follower of Instagram and Facebook account.
d) Entrants must be within Australia.
e) Only one entry per person.
f) The winner will be notified with a direct message through Facebook and Instagram
g) Entrants are responsible for any expenses that incur when entering the competition, RPELA is only responsible for shipping the product and the costs that incurs.
h) RPELA holds the right to disqualify any entrants or entries that we suspect may be unlawful or display improper conduct.
