Rental Program Booking Policy

PLEASE TAKE THE TIME TO READ THIS TERMS AND CONDITIONS OF SERVICE/WAIVER AGREEMENT VERY CAREFULLY AS IT PROVIDES INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS AS A CUSTOMER OF GLOBAL SURF INDUSTRIES AUSTRALIA. ONLY AGREE AFTER YOU ARE FULLY SATISFIED THAT YOU UNDERSTAND AND ACCEPT ALL TERMS AND CONDITIONS.

PLEASE NOTE: IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, YOU WILL NOT BE ABLE TO ACCESS THE SERVICES PROVIDED BY GLOBAL SURF INDUSTRIES AUSTRALIA, OR THE ;GLOBAL SURF INDUSTRIES AUSTRALIA WEBSITE.

IN CONSIDERATION OF GLOBAL SURF INDUSTRIES AUSTRALIA AGREEING TO PROVIDE THE SERVICES SPECIFIED ON THE GLOBAL SURF INDUSTRIES AUSTRALIA WEBSITE I ACKNOWLEDGE AND AGREE THAT:

1. Registration:In order to utilise the services provided, I acknowledge that I am required by GSI-A to become a registered user. In this agreement, a registered user is a user who has created an account through the GLOBAL SURF INDUSTRIES AUSTRALIA website (au.surfindustries.com).
   
   • 1a. In becoming a registered user with Global Surf Industries Australia, I agree to provide truthful, accurate and current information about myself as defined by the user registration form on the GSI-A website.
   • 1b. I agree to promptly update any changes in registration data to maintain truthful, accurate and current information.
   • 1c. I am over 18 years of age, or if considered a legal minor, have obtained consent of a legal parent and/or guardian to use the services offered by Global Surf Industries Australia.
   • 1d. I am not barred from using such services under Australian Federal or State Law.
   • 1e. I agree that I am responsible for any account activity that occurs under my Global Surf Industries Australia account. In so doing, I further agree to monitor my account to restrict use by minors and I accept full responsibility for any unauthorised use of GSI-A property or services under the auspices of my account. 
   • 1f. I may not share my account or account password with anyone and agree to immediately inform Global Surf Industries Australia of any unauthorised access to my account or other form of security breach. 
   • 1g. I agree that if I provide any information that is untrue, inaccurate, not current or incomplete, or Global Surf Industries Australia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GSI-A will suspend my account. If further investigation reveals that untrue information has been provided, GSI-A reserves the right to terminate my account and refuse any current or future use of GSI-A services. I further agree not to create a registered account using a false identity or information, or on behalf of someone other than myself. I agree that I will not have more than one account at any given time. I agree that in the event of my account being suspended or terminated, I will not create an account with GSI-A if I have previously been removed or banned from GSI-A. 
   • 1h. I acknowledge and agree that I have no ownership or other proprietary interest in my account and further acknowledge and agree that all rights in and to my account are and shall forever be owned by Global Surf Industries Australia. 

2. Payment:I agree to pay all fees and charges on my account in strict accordance with the fees, charges and billing terms effective at the time a fee and/or charge is due and payable. I agree to provide Global Surf Industries Australia with a valid credit card (from any issuer accepted by GSI-A). In doing so, I acknowledge that my payment provider agreement with the issuer of my credit card governs my use of the designated credit card, and I must refer to that agreement and not this agreement with GSI-A to determine my rights and liabilities. By providing GSI-A with my credit card payment information, I agree that GSI-A is authorised to invoice my registered account for all fees and charges due and payable to GSI-A.
   
   • 2a. I agree to immediately notify Global Surf Industries Australia of any change to the billing address or credit card payment information provided.
   • 2b. Security: If, and as required by Global Surf Industries Australia, I will provide GSI-A with a monetary security payment which will be held by GSI-A for the duration of my use of the demo product service period. Subject to clauses 5, 6 and 7 below, that security amount will be refunded to me at the cessation of the service period. I acknowledge that the service period ceases only once the rental product(s) have been returned and assessed by GSI-A.
   • 2c. I acknowledge and agree that Global Surf Industries Australia reserves the right at any time to change its prices and billing methods upon informing me by means of the email provided by me.
   • 2d. I agree that in cases of damaged, lost, stolen and late return of rental product(s), my credit card will be charged without further authorisation from myself in accordance with replacement costs and/or applicable late return fees. I further agree and acknowledge that these charges will be in addition to any fees and charges I may owe to Global Surf Industries Australia. 
   • 2e. In cases where I believe I have been incorrectly billed; I agree it is my responsibility to notify Global Surf Industries Australia within seven (7) days. If I do not, I acknowledge any subsequent dispute will be waived.
3. Assumption of Risk: Surfing and the use of the rental product(s), even in accordance with its intended use, is inherently dangerous. I acknowledge that I am exposed to certain risks in using the rental product(s) including but not limited to physical hazards, unpredictable and sometimes dangerous surf and weather conditions and the actions of other persons. I acknowledge that accidents can and often do happen which may result in me being injured or even killed, and/or the rental product(s) being lost or damaged. I have voluntarily read and understood this warning and accept and assume the inherent risks and any subsequent costs incurred in using the rental product(s).
4. Use of Rental Product(s): I acknowledge and agree that any advice, recommendation, information or other services provided by Global Surf Industries Australia regarding the rental product(s) and its use shall not be construed as contractual conditions, warranties or my exemption from liability for damage to the rental products(s) or injury to myself. I agree that GSI-A shall not be liable, subject to clauses specifically outlined in this agreement, for any damage to rental product(s) while in my possession, nor will GSI-A be liable for any injuries or death that may occur while the rental product(s) are in my possession. I furthermore acknowledge and agree that GSI-A will not be held liable by me or any third party for any loss, damage, injury or death sustained by me as a result of incorrect advice, recommendation, information or services provided by GSI-A regarding the rental product(s) or the methods or conditions of use of the rental product(s) whether such loss was caused by any act of negligence, act of recklessness or any breach of duty of care which may be owed to me by GSI-A. 
5. Exclusion of Implied Terms:Where I am a consumer of recreational services and equipment such as the rental product(s) supplied by Global Surf Industries Australia, as defined by any relevant law, certain terms and rights usually implied in a contract for goods and services may be excluded. I acknowledge that these implied terms, as well as other terms and rights that may be commonly implied in consumer contracts by statute, and any liability of GSI-A flowing from them, are expressly excluded to the extent possible by law, by this agreement. To the extent of any liability arising, the liability of GSI-A will be limited to the resupply of the services or payment of having the service(s) resupplied. Under no circumstances will GSI-A's liability extend to consequential loss. 
6. Release and Indemnity: In consideration of Global Surf Industries Australia agreeing to rent to me the rental product(s) I, to the extent permitted by law: (a) release and will release GSI-A from all Claims that I may have or may have had but for this release arising from or in connection with my rental and use of the rental product(s); and (b) indemnify and will keep indemnified GSI-A in respect of any Claim by any person arising as a result of or in connection with my rental or use of the rental product(s).
7. Damage to Rental Product(s)/ Loss or Theft of Rental Products:I agree to accept all responsibility and liability for any loss of or damage to the rental product(s), however caused, which occurs during my rental period of the rental product(s). I agree to compensate Global Surf Industries Australia for any and all loss of or damage to the rental product(s), including, if required by GSI-A, the replacement of the rental product(s), which may occur during the course of my renting of the rental product(s) and authorise GSI-A to apply any security amount (as per clause 1 of this agreement) provided by me to GSI-A against the costs of such compensation. Furthermore, as per clause 2d above, I agree that in instances where the security amount is inadequate in covering the cost, my credit card provided to GSI-A will be charged without further authorisation from myself. 
8. Late Return of Rental Product(s):I agree that my failure to return demo product(s) to Global Surf Industries Australia within the agreed upon time frame will result in additional fees. I authorise GSI-A to deduct these additional fees from the security amount provided by me to GSI-A, as per clause 2b of this agreement.
9. Non-return of Rental Product(s):In cases where Global Surf Industries Australia believe that rental product(s) have been stolen, I acknowledge that I will be reported to law enforcement authorities, and subject to criminal investigation. I also acknowledge that in such instances I will forfeit the entire security amount provided to GSI-A. I further acknowledge that I may be pursued for further compensation costs by GSI-A and their legal representatives in instances where your credit card payment information cannot be used or does not adequately meet GSI-A's compensation costs as per clause 2d above. 
10. Fitness to Participate:I declare that I am medically and physically fit and able to participate in the sport of surfing and to use the rental product(s). I understand and accept that Global Surf Industries Australia will rely upon this agreement as evidence of my fitness and ability to properly use the demo product. As per clause 3 of this agreement, GSI-A will not be in any way liable for any injury or death caused while using the rental product(s) suffered by myself or to third parties as a result of my physical condition or any medical conditions I may suffer from prior to or at the time of my use of the demo product(s).
11. Privacy: I understand that the information I have provided above is necessary for the objects of Global Surf Industries Australia. I acknowledge and agree that the information will only be used for the objects of GSI-A and its general business. I understand that I will be able to access the information through GSI-A upon reasonable notice. If I neglect to provide any of the required information as specified by GSI-A in its application process, my application to use GSI-A's services and rental products may be rejected.
12. Severance:If any provision of this agreement is invalid or unenforceable in any jurisdiction, the phrase or clause is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable. If the phrase or clause cannot be so read down it will be severed to the extent of invalidity or unenforceability. Such severance does not affect the remaining provisions of this agreement or affect the validity or enforceability of it in any other jurisdiction.
13. Governing Law: This agreement is governed by and construed in accordance with the law of the State of New South Wales and the parties irrevocably submit to the jurisdiction of the courts of that State.
14. Statement:I declare that I have provided all the requested information as required above and I warrant that all information provided is true and correct. I acknowledge that I understand and comply with this agreement in full. I further acknowledge this agreement cannot be amended and any amendments made by myself or a related third party will result in its non-acceptance by Global Surf Industries. 

I have read, understood, acknowledged and agreed to the above terms including the warning, exclusion of implied terms, release and indemnity.