(last modified July 15, 2019)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern Kitebud.com.au’s relationship with you in relation to your use of this website.

By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Kitebud.com.au and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

LESSONS TERMS AND CONDITIONS

It shall be your own responsibility to ensure that any services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

REFUNDS

Kitebud.com.au processes refunds in accordance with the Australian Consumer Protection legislation. According to the Australian Consumer Laws, we are not obligated to refund any services if the customer:

  • Simply changes their mind, decides they do not like the purchase or has no use for it
  • Discovers they can buy the services more cheaply elsewhere
  • Is unhappy with a service that they insisted on having carried out in a particular way

However, unwanted/unused lesson hours can be transferred to another person, used in the next season or transformed into store credit.

WHAT HAPPENS IF THE LESSON(S) GET CANCELLED DUE TO UNSUITABLE WIND CONDITIONS?

In case your lesson(s) get cancelled due to unsuitable wind conditions, you will need to reschedule at a later date. There are no fees for rescheduling lessons. In case you are unable to finish your lesson(s) before the season ends (April), you can book in the following season (our season starts in October). Kitebud will not provide any refund if the wind is not suitable on the day of the scheduled lesson.

WHAT HAPPENS IF I CANCEL THE LESSON?

You may change or cancel your booking free of charge if you give us 24 hours or more of notice so we have enough time to find a replacement for you. You cannot make changes or cancel your lesson less than 24 hours before your lesson start. If you do not show up to your lesson or if you wish to cancel it less than 24 hours before the start, you will forfeit your lesson.

Customers must prepare adequately for the lesson and be in a physical and mental state suited for a physical activity on the water. For safety reasons, Kitebud Kitesurfing Lessons Perth reserves the right to refuse services to customers under the effect of drugs, alcohol and extreme fatigue. In this case, no refund will be made and the customer will forfeit its lesson(s).

PRICING

Prices of services displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All credit cards are charged in Australian Dollars (AUD) and may be subject to bank fees. All prices advertised include 10% GST. An Australia Tax Invoice will be emailed to you automatically upon completion of your order.

In the event a service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing, Kitebud shall have the right to refuse or cancel any orders placed for the service(s) listed at the incorrect price. Kitebud shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Kitebud shall immediately issue a credit to your credit card account in the amount of the charge

PHYSICAL ACTIVITIES

Physical activities, exercise and health are matters that vary from person to person. You should understand that when participating in any physical activity, there is the possibility of physical injury. If you engage in this activity, you agree that you do so at your own risk, are voluntarily participating in these activities, assume all risk of injury to yourself, and agree to release and discharge Kitebud.com.au, all its instructors, commentators and any associated with the Kitebud.com.au website from any and all claims or causes of action, known or unknown.

Kitebud.com.au and its contents are made available without warranties or guarantees of any kind and Kitebud.com.au, any contributing author(s) of any articles including any third party contributors, disclaim any and all liability for any type or form of injury, including personal, direct, indirect or consequential or damage of any kind or type resulting from the use of this website or from any information, advice, goods, services or other resources that may be mentioned or made accessible through this website. This includes personal physical injury from performing any activity described, or any and all forms of injury and/or damage to person, both animate or inanimate, mental, physical, electronic or any and other form of injury. We also disclaim liability caused by intentional or unintentional negligence.

You should always consult a physician before starting a new physical activity. Not all activities are suitable for everyone.

EXPIRY DATE

All lessons and gift vouchers must be used within 3 years (36 months) from the initial date of purchase.

SHOP TERMS AND CONDITIONS

It shall be your own responsibility to ensure that any products or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

RETURNS AND REFUNDS

Kitebud.com.au handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. According to the Australian Consumer Laws, we are not obligated to exchange or refund any goods if the customer:

  • Simply changes their mind, decides they do not like the purchase or has no use for it
  • Discovers they can buy the goods more cheaply elsewhere
  • Has damaged the goods by using them in a way that was unreasonable or unintended

However, merchandise may be returned (at the buyers expense) in exchange of a store credit for future purchases if the goods are in the original unopened packaging within 14 days after delivery. Store credit is valid for a maximum of 12 months from the date of issue.

WARRANTY AGAINST DEFECT

Kitebud Kitesurfing Lessons Perth complies with the Australian Consumer laws and will provide warranty against defect through their supplier’s warranty. The buyer must present a proof of purchase and be able to prove that the defect is due to a manufacture problem. Warranty will not apply in case of misuse, lack of maintenance, negligence, excessive wear, alteration and accident. No warranty is offered on Airush Kiteboarding goods bought second hand or bought on E-Bay. To learn more about Airush kiteboarding warranty, read the information package included in the original packaging or refer to their website: https://airush.com/warranty/

Kitesurfing can be a dangerous sport and anyone new to the sport should take proper lessons before attempting to use their equipment on their own. Fatal accidents, injuries and damage to the equipment can result from misuse, negligence and lack of maintenance. Kitebud Kitesurfing Lessons Perth cannot be held liable for such conditions.

PRICING

Prices of goods displayed on this website are current at the time of issue, but may change at any time and are subject to availability. All credit cards are charged in Australian Dollars (AUD) and may be subject to bank fees. All prices advertised includes 10% GST. An Australia Tax Invoice will be emailed to you automatically upon completion of your order.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Kitebud shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Kitebud shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is cancelled, Kitebud shall immediately issue a credit to your credit card account in the amount of the charge

DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on your location. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Kitebud.com.au.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Kitebud.com.au’s rights and obligations to each other.

LIMITATION OF LIABILITY

It is an essential pre-condition to you using our website that you agree and accept that Kitebud.com.au is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

COMPETITION AND CONSUMER ACT

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Kitebud.com.au’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

LINKS TO OTHER WEBSITES

Kitebud.com.au may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Kitebud.com.au and the owners of those websites. Kitebud.com.au takes no responsibility for any of the content found on the linked websites.

Kitebud.com.au’s website may contain information or advertisements provided by third parties for which Kitebud.com.au accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Kitebud.com.au absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Kitebud.com.au gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Kitebud.com.au to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Kitebud.com.au, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Kitebud.com.au’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

DISCLOSURE OF INFORMATION

Kitebud.com.au may be required, in certain circumstances, to disclose information in good faith and where Kitebud.com.au is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Kitebud.com.au. Kitebud.com.au expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Kitebud.com.au will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Kitebud.com.au reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Kitebud.com.au expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Kitebud.com.au concerning your use and access to Kitebud.com.au’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of Western Australia and Australia. If there is a dispute between you and Kitebud.com.au that results in litigation then you must submit to the jurisdiction of the courts of Western Australia.