TERMS OF USE
LAST UPDATED: 29 May 2025
1. INTRODUCTION
This Terms of Use Agreement (the “Agreement”) applies to this website and all Australian and New Zealand websites associated with Ug Manufacturing Co Pty Ltd (together the "Company," "we," "us" and "our") and all websites that refer or link to this Agreement including, without limitation
www.genuins.com.au (collectively referred to herein as the “Sites”).
In this Agreement, “you” means the individual accessing or using any of the Sites (and, where you are accessing the Website in your capacity as an employee of or contractor to a body corporate or other legal entity, “you” includes your employer or the entity that is engaging you). By using the Sites, you agree to be bound by all the terms and conditions contained in this Agreement and any and all rules, guidelines and directions found throughout the Sites. If you do not agree to the terms of this Agreement, you must not use or access our Sites. If you violate any of the terms of this Agreement, we may terminate your right to use and access our Sites.
Please read this Agreement carefully. This Agreement applies to all users of the Sites, including users who are viewers of the Sites and users who register for the Sites as set forth below in Section 6. By using the Sites, you also represent that you are at least 18 years old. The Company does not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. You may not use or register for the sites if you are under the age of 18.
In addition, when you use any current or future version of the Sites, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Sites following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
2. PRIVACY
Please review our Privacy Policy here: PRIVACY POLICY, which also applies to your visit to the Sites, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
3. CONSIDERATION
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt of data, materials and information available at or through the Sites.
4. DISPUTE RESOLUTION
By using the Sites, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute (“Dispute Notice”) and allowing the receiving party 30 days in which to respond in writing (“Reply Notice”). A Dispute Notice will be sent:
• to the Company at:
Ug Manufacturing Co Pty Ltd
Attention: Legal Department
5 Billabong Place
Burleigh Waters QLD 4220
• to you at: your last-used billing address or the billing and/or shipping address that we may have on file for you (or, if no such address has been provided, to any email address that you may have provided to us or used to register for an account on any of our Sites).
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party, provided however that nothing in this Agreement will prevent a party seeking urgent injunctive or similar interim relief from a court.
If a Dispute Notice and Reply Notice are given, then you agree to discuss (either in person or by telephone) the Dispute with an authorized representative of the Company in an effort to resolve the Dispute. At least one meeting or discussion relating to the Dispute must take place within 30 days of service of a Reply Notice.
5. GOVERNING LAW
This Agreement is governed by the laws in force in the State of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Queensland and of the Commonwealth of Australia in respect of any matter relating to this Agreement or the access and use of any of our Sites.
6. RESTRICTIONS ON USE OF MATERIALS
Boardriders, Genuins, Volcom, SDS, Quiksilver, RVCA, Billabong, Roxy, DC Shoes, and other marks used on our Sites are trademarks or registered trademarks of the Company, its related bodies corporate (as defined in the Corporations Act 2001 (Cth)), or used under licence and such use is authorised by the respective trademark owners. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted under this Agreement, is expressly prohibited, and nothing stated or implied on the Sites confers on you any licence or right under any patent or trademark owned or controlled by the Company, its related bodies corporate, its licensors or any third party.
Copyright. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Sites are the copyrighted property of the Company, its related bodies corporate or third-party licensors to the full extent provided under the Copyright Act 1968 (Cth) and any other relevant laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Sites for any purposes. This extends to all relevant generated materials through the use of artificial intelligence. Nothing stated or implied on the Sites confers on you any licence or right under any copyright of the Company or any third party. The Sites and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted under this Agreement, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Sites, or use the contents of the Sites in litigation, or for any commercial or promotional purposes, without the express written consent of the Company or its lawful successors and assignees. For usage permission, please contact us via e-mail at privacy@boardriders.com.au.
7. REGISTRATION
You do not have to register to view the Sites. You can visit the Sites, read articles and other materials, browse merchandise, post comments and product reviews and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you must register for an online user account or select “Checkout as Guest” in order to access the full features of the Sites, including but not limited to the ability to purchase products through the Sites.
If you transact by selecting “Checkout as Guest”, you will be asked to provide certain information (including your name, address, phone number, email address and billing details). You agree to provide us with accurate, complete and current information. The resulting transaction may be linked to any current or future active registered account for the Sites that is registered under the email address you provided during the checkout process and any relevant terms will apply.
If you transact through a registered account, you will need to register an account or log-in with your existing account details. To register, you will be asked to provide certain information such as you name, phone number, email address and billing details. You agree to provide us with accurate, complete and current information. By creating an account, you agree to receive commercial electronic messages from the Company. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are fully responsible for your failure to safeguard information and/or to permit any other person to access or use the Sites using your profile and/or account, and for all activities that occur under your profile and/or account. You may only have one active registered account. You may not sell or otherwise transfer your profile or account or any portion thereof. You must notify the Company immediately of any breach of security or unauthorized use of your account. The Company will not be responsible for any losses caused by any unauthorized use of your account.
The Company reserves the right to refuse registration or terminate, suspend, or cancel access to a user account at any time in its sole discretion. If we suspend or cancel access to your account, you may be prevented from accessing the Sites (temporarily or permanently), your account details and/or any files or other various Sites materials, including all text, comments, icons, images, messages, tags, links, photographs, audio, video and other content that are contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you. You may also terminate or discontinue your own account at any time by sending an email request to anz.customerservice@boardriders.com.au
. An account which has been terminated is no longer “active”. Terminated accounts cannot be re-activated.
8. ORDERS
Through your use of the Sites, you can order products in accordance with this Agreement. Any order placed through the use of the Sites is an offer by you to purchase the product(s) for the indicated price (including and without limitation any associated delivery charge or tax). In order to enable us to process your order, we may ask you to provide additional details or require you to confirm your details (including your name, shipping and billing address). You agree to provide us with current, complete and accurate information.
We reserve the right to accept or reject whole or part of your order for any reason (including commercial purposes), acting reasonably. If your order is accepted, you will receive an email confirmation from us. If we reject an order, we will endeavour to notify you of that rejection within a reasonable time after your order is placed. Each accepted order placed through the Sites creates a separate binding agreement between you and us for the supply of the products in that order. We may, from time to time, restrict the quantity of products ordered through the Sites by a person, household, or address during a particular time.
We reserve the right to cancel whole or part of an accepted order, prior to dispatch, without any liability to you if:
· The requested products are not available
· There is an error in the price or description of the relevant product on the Sites
· There has been a misuse of a process or intended process that would result in a benefit to you that was not contemplated by us
· The order has been placed in breach of this Agreement
We will endeavour to provide you with reasonable notice of any cancellation by us. We will not charge you for a cancelled order.
You may cancel all or any part of you order, prior to dispatch, by calling us on 1300 650 905. We may ask you to provide certain information in order to verify your identity (including your name, phone number and email address). You must provide us with notice of cancellation including the reason for the cancellation.
You cannot cancel all or any part of an order once it has been dispatched by us.
At the time of placing an order, you provide authority to leave products at the address specified in your order. If the delivery provider deems the area unsafe in their discretion, your order will be redirected to a collection point, redelivered in the next delivery run (where available) or returned back to us. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or
(b) no longer make the product available for Delivery or collection and notify you that we are cancelling the order in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).
9. RETURNS, SHIPPING AND DELIVERY
Please review our Returns and Store Credit Policy here: RETURNS and our Shipping and Delivery Policy here: shipping-delivery, which also govern your visit to the Sites, as applicable. The terms and conditions of these documents are incorporated herein and made a part of this Agreement.
Christmas Returns Period
Product purchased between 1st December and 24th of December will be eligible for a full refund if the goods are returned by the 22 January, of the following year. The products (including all tags, labels and packaging) must be in an unused, unworn and undamaged condition. Please make sure all promotional items are returned within this parcel and your return has complied with the conditions of sale.
Returns, Warranties & Conditions
In addition to your legal rights, we allow a refund for all goods (excluding promotional goods) returned within 30 days of purchase if the goods (including all tags, labels and packaging), are unused, unworn and undamaged provided you have proof of purchase and have complied with the conditions of sale. If goods are purchased between 1 November and 25 December, we will allow a refund of those goods if returned by 26 January the following year if the goods (including all tags, labels and packaging), are unused, unworn and undamaged provided you have proof of purchase and have complied with the conditions of sale.
Some of our goods come with a guarantee or warranty from the manufacturer against defects. Our goods 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 entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. We will assess a warranty claim in accordance with your legal rights, upon receipt of a proof of purchase and inspection of the returned good.
To make a return or warranty claim, return the good to your place of purchase or contact our customer service team on1300 650 905.
It is a condition of sale that goods are not resold for commercial purposes. Any returns should be returned to the store from which they were purchased or where the purchase has come from one of the Sites:.
Ug Manufacturing Co Pty Ltd (ABN 63 005 047 941)
PO Box 234 North Geelong
VIC 3215, Australia
10. USER GENERATED CONTENT
We welcome your input, comments and feedback about the Sites and our products. In addition, in some places the Sites enable users to post content which may be viewed by our staff or other users. Any material submitted by you to us whether through the Sites, e-mail, chat function, contact form, social media, help centre communications postal mail or by other means is User Generated Content (“UGC”). This includes any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications. By submitting any UGC to the Sites, you acknowledge and agree that:
· You will only submit UGC that is your original content of which you are the sole author. If you submit content that is adapted from existing content, you have obtained all consents and licences from third parties necessary for the submission and display of your UGC on the Sites and grant the licences by you to us under these Terms of Use;
· You will not submit UGC that is in breach of any third party’s copyright, patent, trademark, trade secret or other proprietary rights, publicity rights, privacy rights or any other applicable laws;
· You will not submit UGC, the submission of which by you, or use of which by us, will violate any law, statue, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, misleading and deceptive conduct or false advertising);
· You waive all moral rights that you may have in your UGC;
· None of your UGC is subject to any obligation of confidence by us, our officers, directors, agents, related bodies corporate, employees and third-party service providers;
· We have no obligation to monitor UGC but may do so and may edit, amend or remove UGC in our absolute discretion without notice to you;
· You will not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication;
· You will not post any content that includes any information that references other websites, addresses, email addresses, contact information, personal information (other than your own) or phone numbers;
· You will not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of the Sites or any computer software or equipment;
· Your UGC shall not contain material that is false, inaccurate, misleading, deceptive, invasive of another person’s privacy, defamatory, libellous, hateful, racially biased, threatening or harassing to any individual, partnership or corporation or which a reader may reasonably find offensive, inappropriate, abusive or indecent or otherwise unlawful and will not promote pyramid schemes or chain letters;
· You grant us a royalty-free, full-paid, irrevocable, perpetual, worldwide, unlimited, non-exclusive, transferable, royalty-free and sub-licensable right and licence to use, re-use, reproduce, sublicense, create derivative works from, modify, publish, edit, translate, distribute, re-distribute, transmit, publish, print, copy, host, store, cache, archive, index, categorise, comment on, broadcast, stream, import, perform, exhibit, and display the UGC in any media or medium, or any form, format, or forum now known or hereafter developed, without reference or notice to you and without any compensation or obligation to you;
· Our use of your UGC in accordance with the licences granted by you to us under these Terms of Use will not breach any third party’s rights;
· We have no responsibility for your UGC and you agree to pay us (and our officers, directors, agents, related bodies corporate, employees and third party service providers) for any claims, losses, liabilities, damages, costs, charges and expenses that are suffered or incurred by us (our officers, directors, agents, related bodies corporate, employees and third party service providers) arising out of a breach of these Terms of Use, or from your violation of any law or the rights of a third party in relation to your submission of content, except to the extent caused by a negligent act by us; and
· All UGC may be used (or not used) at our sole discretion.
To the extent that your UGC includes a rating or review of a product or service, by submitting your UGC, you further represent and warrant to us that:
· You are a bona fide user of that product or service, and the rating or review reflects your honest opinions, findings, beliefs and experiences in relation to that product or service;
· Except for what is disclosed in the UGC, you have not received any monetary payment or other valuable consideration in connection with the rating or review; and
· Except for what is disclosed in the UGC, you do not have any financial interest in that product or service, or any affiliation with the manufacturer or provider of that product or service (or any competitor of the manufacturer or provider of that product or service) which could reasonably be expected to compromise the impartiality of the rating or review.
To the extent that your UGC includes a question or query, you acknowledge that we may answer your question or query solely in its own discretion, but is not under any obligation to answer your question or query. Further, you acknowledge and agree that any answers provided to your question or query are general opinions only and should not be taken as being definitive or exhaustive, nor are such answers intended to be advice as to any specific issue you may have.
By submitting your email address (or any other contact details) in connection with your UGC, you agree that we and our third party service providers may use your email address (or other contact details) to contact you about your UGC and as otherwise set out in our Privacy Policy.
You consent to the publication of your name as the provider of the content submitted by you (if the Company chooses to do so) and acknowledge the terms of our Privacy Policy.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, and waivers set forth in this Agreement.
11. ARTIFICIAL INTELLIGENCE
The Sites may feature an AI-powered virtual assistant (“Chatbot”) designed to help you with common inquiries, product information, order tracking, and general support related to our products and services. By interacting with the Chatbot, you acknowledge and agree to the following:
· The Chatbot is an automated system and may not always provide accurate, complete, or up-to-date information. It is not a substitute for professional customer service. For complex or urgent matters, please contact our human support team.
· Conversations with the Chatbot may be recorded and used to improve our services. Please do not share sensitive personal information (e.g., credit card details, health information) via the Chatbot. For more information on how we handle your data, please refer to our Privacy Policy.
· You are responsible for the accuracy of the information you provide during your interaction with the Chatbot. Misuse of the Chatbot or providing false information may result in restricted access to our services.
· We do not guarantee the accuracy or reliability of the Chatbot’s responses. To the fullest extent permitted by law, we disclaim any liability for loss or damage arising from your use of or reliance on the Chatbot.
· If the Chatbot is unable to assist you, or if you prefer to speak with a human representative, please contact our customer service team during Queensland business hours.
12. LICENSE AND SITE ACCESS
The Company grants you a limited, revocable and nonexclusive license to access and make personal use of the Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Sites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, artificial intelligence, robots, spiders or similar data gathering and extraction tools. Neither the Sites nor any portion of the Sites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its related bodies corporate, licensors or licensees without express written consent of the Company. You may not use meta tags or any other hidden text using the Company's brand names or trademarks without the express written consent of the Company. Any unauthorized use will immediately terminate the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites so long as the link does not portray the Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by the Company in its sole discretion. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission of the Company. You may not make any other part of the Sites, other than the home page of the Sites, available as part of another service by "deep linking," or otherwise, without prior written permission from the Company. Any permitted links to the Sites must comply with all applicable laws, rules and regulations.
13. THIRD-PARTY AND CO-BRANDED SITES
The Sites may contain hyperlinks ("links") to websites operated by persons or entities other than Company ("third-party Websites") or to co-branded websites operated by a third party, including the Company's related bodies corporate and licensees ("co-branded Websites"). We provide such links for your reference and convenience only. A link from the Sites to a third-party or co-branded Website does not mean or imply that the Company endorses the content on that third-party or co-branded Website or the operator or operations of that third-party or co-branded Website. The Company explicitly disclaims any responsibility for, and excludes all liability to you for, the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Website. The Company does not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Website. The Company does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against the Company with respect to information, content and materials contained on any third-party or co-branded Website, and any information, content and materials you provide to such third-party or co-branded Website (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Website to which is linked from our Sites. Your use of any website linked to from the Sites is subject to the policies and procedures of the owner of such website, and your use of all such websites is subject to such policies and procedures and not to the terms and conditions of this Agreement. You understand that by using any third-party Website linked to from the Sites, you may be exposed to content or other materials that are offensive, indecent, defamatory or otherwise objectionable. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
If you link the Sites, you must be transparent about the purpose of the link, and not imply endorsement, affiliation, or sponsorship without the Company’s consent. You must ensure that the link opens the full website to avoid misleading or confusing customers. You must link to the root of the Site to avoid broken links as the content of our Sites changes from time to time.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR (AND EXCLUDES ALL LIABILITY TO YOU FOR) ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
14. YOUR RESPONSIBILITIES
You acknowledge and agree that:
· All information and data provided by you through, or in connection with your use of, the Sites is true, accurate, complete and up to date;
· You will comply with all relevant laws and any reasonable instructions, in any written or on-screen notice, we give you relating to your use of the Sites and your placement of any order to us;
· You will promptly notify us if you suspect or become aware that there is or has been an unauthorised use of your account, or any other security breach relating to your account, and you will take immediate steps to re-secure your account (including by changing your password);
· You will check the labels on products before consumption or use; and
· You will not use the Sites for any activities that breach any laws, infringe our intellectual property or a third party’s rights, contrary to any relevant standards or codes, or are prohibited by this Agreement;
You acknowledge and agree that you will not:
· Use the Sites in a manner or way which restricts, inhibits or interferes with any other user’s use or enjoyment of the Sites;
· Use the Sites to distribute, transmit or link to any content or material which contains a virus or other harmful or malicious software;
· Make fraudulent or speculative enquiries, purchases or requests through the Sites;
· Create accounts by automated means, use another person’s details without their permission, or impersonate another person when using the Sites
· Do anything that interferes with or adversely affects the normal operation of the Sites to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Sites;
· Violate or attempt to violate the security of the Sites, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access;
· Attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
· Send unsolicited e-mail, including promotions and/or advertising of products or services;
· Forge any TCP/IP packet header or any part of the header information in any e-mail or post;
· Knowingly or negligently transmit any viruses, worms, defects, trojan horses or similar disabling or malicious code to the Sites;
· Use any robot, spider, site search and retrieval application or other mechanism to retrieve or index any portion of the Sites; and
· Use the Sites other than in accordance with this Agreement.
15. TERMINATION OR RESTRICTION
The Company may terminate or restrict your access to all or any part of the Sites at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Sites at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty and disclaimers shall survive any such termination.
16. RISK OF LOSS
All products purchased from the Sites are transported and delivered to you by an independent carrier not affiliated with, or controlled by, the Company. Title to products purchased on the Sites, as well as the risk of loss for such products, passes to you when the Company delivers these items to the carrier.
17. PRODUCT INFORMATION
The Company attempts to be accurate in describing its products and services on the Sites. We do not warrant that product and service descriptions or other content of this or any other Sites are complete, reliable, current, or error-free. Products available or promoted on the Sites are not necessarily available in stores operated by the Company – if you are considering buying or viewing products in store, call the store first to check if the product is available in store to avoid disappointment.
We have made every effort to display as accurately as possible the colours of our products that appear on the Sites. However, as the actual colours you see depend on your computer monitor and other factors beyond the Company's control, we cannot guarantee that your computer's display of any colour on the Sites will be accurate.
Unless otherwise stated, the prices displayed at the Sites are quoted in Australian or New Zealand Dollars as applicable. We may choose to not fill any orders (or part of an order) that you have placed where the website contains errors or inaccuracies, including without limitation, errors, inadequacies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
18. DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
The sites are provided by the company on an "as is" and "as available" basis. To the maximum extent permitted by law and subject to any statutory guarantees that cannot be lawfully excluded, the company makes no representations and warranties of any kind, express or implied, as to the operation of the sites or the information, content, third-party content, materials, products, services or linked services provided on or through the sites, including without limitation, that the information provided through the sites will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the sites will be available at any particular time or location; that defects or errors in the service will be corrected; or that the content on the sites is free of viruses or other harmful components. Any information on the sites is subject to change without notice, and we disclaim all responsibility for these changes. You expressly agree that your use of the sites is at your sole risk.
To the maximum extent permitted by law, the company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
In no event will the company, or any party involved in creating, producing, or delivering the sites, be liable for (and any liability is hereby excluded for) any damages of any kind arising from the use of the sites, including, but not limited to, direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the sites or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to the company through the sites; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages.
The Company makes no representation that the contents of the Sites comply with the laws of any country outside Australia. If you access any of the Sites from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located.
The Company does not warrant that it will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Sites or that it will give notice of such use, modification or alteration.
Where any applicable legislation implies any warranties, guarantees or conditions or imposes obligations upon the Company which cannot be excluded, restricted or modified except to a limited extent, this Agreement must be read subject to those statutory provisions. If those statutory provisions apply, then to the extent to which the Company is able to do so, its liability will be limited, at its option, to: (a) in the case of any goods supplied by the Company, either: (i) replacement of the goods or supply of equivalent goods; (ii) repair of the goods; (iii) payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; or (b) in the case of any services performed by the Company, either: (i) the performance of the services again; or (ii) the payment of the cost of having the services performed again.
19. INDEMNITY
You indemnify the Company successors and assigns, and its and their respective directors, officers, employees, agents against any claims, proceedings, losses, liabilities, costs or other expenses (including legal costs) and third-party claims incurred by the Company in connection with or arising, whether directly or indirectly, as a result of your breach of the terms of this Agreement, your use or access of the Sites or any violation of any applicable law in connection with this Agreement.
20. MISCELLANEOUS LEGAL PROVISIONS
The Company may discontinue the Sites at any time and for any reason, without notice. The Company may change, suspend, or cancel the contents, operation, or any and all other features of the Sites at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Sites. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Company's failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. You shall not resell or assign your rights, duties or obligations under this Agreement, and any attempted assignment or delegation will be void and of no force or effect whatsoever. This Agreement may be automatically assigned by the Company, in our sole discretion, to a third party, and such an assignment will inure to the benefit of our successors, assigns and/or licensees. Without limiting the foregoing, we may sell, transfer or otherwise share some or all of our assets, including your personal information, with any parent company, subsidiary, joint venture, and a company under our common control, as well as with a potential acquirer, lender, or investor, including in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the personal information we have collected from you may be one of the assets transferred.
To the extent permitted by law, we will not be liable, nor be in default under this Agreement, for any failure to observe or perform any of our obligations under these Terms of Use for any reason or cause which could not, with reasonable diligence, be controlled or prevented by us. These causes include acts of God, acts of nature, acts of omissions of government or their agencies, strikes or other industrial action, fire, flood, storm, riots, power shortages or failures, sudden and unexpected system failure or disruption by war or sabotage, and other acts or omissions of third parties.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement constitutes the entire and final agreement regarding the Sites and its contents and supersedes any prior or contemporaneous communications between you and the Company regarding the Sites and their contents.
All rights not expressly granted herein are hereby reserved to the Company.
21. CONTACT US
If you have any questions or concerns regarding the Sites or this Agreement, please contact us by e-mail at legal.apac@boardriders.com or write to us at the following address:
Ug Manufacturing Co Pty Ltd
Attention: Legal Department
5 Billabong Place
Burleigh Waters QLD 4220-
T 07 5589 9899 – Monday thru Friday 9am to 5pm
