Terms of use

Please read these terms of use carefully before using this web site (the “website”). Using this website indicates that you accept these terms of use. If you do not accept these terms of use, do not use this website.

Dirtsurfer website terms of use
Except as otherwise provided in a written agreement signed by Dirtsurfer, these terms of use represent the entire understanding between you and Dirtsurfer and our related companies (collectively, “Dirtsurfer”) regarding your use of www.dirtsurfer.bike and www.dirtsurfer.com.au (the “site”) and your submission of any materials to us.

By accessing the site, you signify your acceptance of these terms of use, our shipping and refund policy and your acceptance of the privacy policy.

Dirtsurfer reserves the right, at any time, to modify, alter, update, or remove portions of these terms of use or the privacy policy, so please check them from time to time as your continued use of the site signifies your acceptance of any changed terms. If you are dissatisfied with these terms of use or the privacy policy, your sole and exclusive remedy is to discontinue your use of the site.

General
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site, use of the site, or access to the site or any contact on the website through which the service is provided, without express written permission by us. 

Disclaimer
Dirtsurfer provides the site and its services on an “as-is” basis. Dirtsurfer makes no representations or warranties of any kind, express or implied, including without limitation those related to: (1) the operation of the site; (2) the information, content, materials, or services included or described therein; and (3) any application or information submitted to us through the site. To the fullest extent permitted by applicable law, Dirtsurfer disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the site, including without limitation warranties related to the operation of the site, the information, content, materials, and services described therein, and any information or applications submitted through the site. Without limiting the foregoing, Dirtsurfer does not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the site is free of viruses or other harmful components. Dirtsurfer does not warrant or make any representations regarding the use of the materials on the site or the services described therein.

Limitation of liability
In no event shall Dirtsurfer be liable for any indirect, special, incidental, or consequential damages, including without limitation lost profits, loss of use, business interruption, or loss of data, arising out of or relating to the site, the operation of the site, any application or information submitted to us through the site, and/or the services described therein, even if Dirtsurfer is expressly advised of the possibility of such damages. Dirtsurfer’s liability to you or any third party in any circumstance is limited to a maximum of $1.

Shipping
An explanation of shipping options and our policies regarding shipping and replacement of lost or late orders are outlined HERE.

Links
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than Dirtsurfer. Dirtsurfer provides these links solely as a convenience. The appearance of a link does not imply Dirtsurfer's endorsement, nor is Dirtsurfer responsible for the content of any linked site. You access linked sites at your own risk.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.

General Proprietary Rights
The Site is owned by Frameskin Pty Ltd (trading as Dirtsurfer) and contains material that is derived in whole or in part from Frameskin, Dirtsurfer and other sources. The Site and their contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without Dirtsurfer's express written permission.

Copyright
All designs, patterns and shapes are the property and copyright of Dirtsurfer. No designs, patterns or shapes may be reproduced, copied or duplicated under any circumstances (in part or whole). This would infringe our copyright and intellectual property and would make us angry. All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of Dirtsurfer, or their content suppliers, and are protected by Australian and other international copyright laws, © 2018 Dirtsurfer ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other material on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorised use of the materials appearing on the Site is in violation of copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks
The Dirtsurfer name and logo is a trademark of Frameskin Pty Ltd and related companies. It may not be used in connection with any products or services other than those products or services offered by Dirtsurfer or related companies, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Dirtsurfer or related companies.

Notice of Potential Infringement
To notify Dirtsurfer of any suspected infringement, please contact us.

Applicable Law
Dirtsurfer is a business entity of Frameskin Pty Ltd and operates the Sites from ACT, Australia. The laws applicable to the interpretation of these Terms of Use shall be the laws of Australia without reference to its conflict of law provisions. Our ABN is 54 139 761 096.

Disputes
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the courts of Canberra, Australia and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has accrued.

Termination
These Terms of Use shall remain in force until terminated by Dirtsurfer. Dirtsurfer may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that Dirtsurfer, in its sole discretion, believe is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

By visiting www.dirtsurfer.com.au or dirtsurfer.bike you agree to accept the practices described in this Privacy Policy.

Personal Information Collected By Dirtsurfer:

Dirtsurfer uses information that we collect from our visitors to personalise and improve your visit at www.dirtsurfer.com.au or dirtsurfer.bike. We gather the following types of information:

Information you give us: Dirtsurfer collects any information which you enter on our Web site. This information is normally provided when you search, buy, participate in an on-line survey, or when you communicate with any of our departments such as customer service, sales or technical support through our Web site, telephone, mail or fax. You also provide information when you establish an account with us. Examples of the type of information you may supply us with include your name, address, telephone number, credit card information and e-mail addresses.

Automatic Information collected by us: Whenever you visit our Web site we collect and store information such as "cookies" which remember information about a visitor from one page to the next and from one visit to the next. We collect and analyse the IP address used to connect your computer to the Internet; login; password; computer and connection information such as your browser type and version; operating system and platform; purchase history; confirmation when you open e-mail that we send you; the URLs which lead you to and around our Web site including the date and time; the pages and or products you viewed or searched for and the phone number used to call our voice telephone numbers. Your browser allows you to reject cookies and software is available from third parties which will allow you to visit our Web site without providing this information. You are welcomed at our Web site if you use this software but we will not be able to offer you our personalised services.

Orders: If you place an order we use a secure order form which requires you to provide contact, billing, and financial information. This information is transmitted to your credit card company to authorise your purchase.

Sharing of Information with third-parties:

Affiliated Businesses: We may share any information that you supply to us with any affiliated business that is substantially controlled by Dirtsurfer. Any information that is shared this way will be subject to this Privacy Notice.

Independent Contractors: We may employ other companies or individuals to provide certain services to us such as sending e-mail, analysing customer lists and data, providing marketing assistance, or consulting services. These third parties will have access to the information needed to perform their functions but cannot use that information for any other purpose.

Credit card companies and shippers: When you buy something from us we send your credit card information, name, billing address and the amount of your purchase to your credit card company to verify and authorise the purchase. Your name, telephone number and shipping information must be provided to third party shippers such as Australia Post.

Law Enforcement and Protection of Users:

We will release personally identifiable information to third parties and organisations when we believe it is appropriate for us to do so to comply with the law. We will also do so to cooperate with law enforcement investigations, comply with court orders or subpoenas, protect the legal rights of us and our users, or when we believe it is needed for fraud protection.

Security:

Our Web site protects the security of personal information you transmit to us by using Secure Sockets Layer (SSL) software, which encrypts information you input. In order to protect against unauthorised access to your account you should sign off when you finish visiting our site.