TERMS AND CONDITIONS

TERMS OF USE

By accessing the Website, you agree to be bound by these Terms and Conditions of Use (“Terms of Use”). Your access to and use of the Website is subject to these Terms of Use.

SVN SEAS Adventure Co reserves the right to amend the Terms of Use at any time at its sole discretion. Your continued access to and use of SVNSEAS.com.au after such change constitutes your acceptance of the changes. As such, please review the Terms of Use periodically.

REGISTRATION

Some sections and functions of SVN SEAS Adventure Co are only accessible to registered users (“Users”).

In order to become a User of SVN SEAS Adventure Co, you must provide accurate information about yourself in accordance with the instructions on the Website. It is your responsibility to keep this registration information up to date.

If, as a User, you breach any of these Terms of Use, SVN SEAS Adventure Co has the right to suspend, terminate, lock or delete your membership registration. SVN SEAS Adventure Co is not obliged to explain any registration refusal, termination, suspension or deletion.

PASSWORDS AND ACCOUNT SECURITY

Everyone who is successfully registered as a User will receive a username (their email address) and password. It is your responsibility to memorise or store your password in a secure place.

You are responsible for the confidentiality of your username and password and you will be responsible for all Website activity undertaken using your username. If you learn of any unsolicited activity using your account, you agree to alert SVN SEAS Adventure Co on info@svnseas.com.au with the subject line “Security Breach”

GENERAL USER OBLIGATIONS AND UNDERTAKINGS

Please use SVN SEAS Adventure Co responsibly. We reserve the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that SVN SEAS Adventure Co believes, in its sole discretion:
a. violates any term or provision of these Terms of Use;
b. violates the rights of SVN SEAS Adventure Co or third parties; or
c. is otherwise inappropriate.
You agree not to:
a. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials or any other form of solicitation;
b. use another’s name, username or password without permission, or collect or store personal data about other users;
c. impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity (including, without limitation, where SVN SEAS Adventure Co requires you to register in order to use the Website);
d. download or post any material which you know or ought to know cannot be legally distributed;
e. tamper with, hinder the operation of, or make unauthorised modifications to the Website; and
f. knowingly transmit any virus or other disabling feature to the Website.

CONTENT

You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other matter of any kind accessible on SVN SEAS Adventure Co:
a. whether contributed by SVN SEAS Adventure Co or by you or any other user; and
b. whether publicly posted or privately transmitted via the Website,
(“Content”), is the sole responsibility of the person or entity which contributed the Content to the Website by uploading or otherwise posting, inserting or providing it.

You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that you may do so by SVN SEAS Adventure Co or by the owners of that Content, in a separate agreement.
You understand and agree that by using the Website you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
Under no circumstances will SVN SEAS Adventure Co be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content; editing, restricting or removing your Content; or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Website.

CONTENT USER OBLIGATIONS

If you upload or otherwise post, insert or provide any Content to the Website in the course of accessing or using the Website, you agree that such Content will be available to SVN SEAS Adventure Co to use (or remove or alter) in any manner it thinks fit, subject to applicable provisions of any legislation including, without limitation, privacy legislation.

You agree that you will not upload or otherwise post, insert or provide any Content which:
a. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
b. infringes the intellectual or other proprietary interests of third parties;
c. impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services SVN SEAS Adventure Co considers to be inappropriate;
d. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms and Conditions of Use;
e. violates any law, statute or regulation;
f. forges information to disguise the origin of any Content; or
g. encourages or incites any other person to engage in any of the above behaviour.

INTERACTION AND MONITORING

Users have the ability to interact with business profiles and reviews, images, photographs, videos, eNewsletters, blog posts, editorial content, forums and links to social media networks (“Interactive Functionality”). Your use of the Interactive Functionality is subject to these Terms of Use, including any Additional Terms, as they are presented to you when you use Interactive Functionality.

SVN SEAS Adventure Co assumes no responsibility for actively monitoring Interactive Functionality for inappropriate Content. If at any time SVN SEAS Adventure Co chooses, in its sole discretion, to monitor the Interactive Functionality, SVN SEAS Adventure Co nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any Content.

E-MAIL, MESSAGING, BLOGGING, AND CHAT SERVICES

We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.

We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

INTERNATIONAL USE

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the Commonwealth, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

LINKS

This Website, including SVN SEAS Adventure Co eNewsletters (“eNewsletters”) and SVN SEAS Adventure Co social media profiles, may contain links to third party websites. The inclusion of a link does not imply that SVN SEAS Adventure Co endorses, has investigated or verified the linked websites. SVN SEAS Adventure Co makes no warranty or representation concerning these links or the linked websites and you acknowledge that SVN SEAS Adventure Co is not responsible for the functionality of these links, the security of such websites, the reliability or accuracy of the information contained on such websites, the copyright compliance, legality, decency, privacy policy, privacy practices or any other aspect of such websites. You acknowledge that you enter any third party websites at your own risk. It is your responsibility to review any terms of use or privacy policies relevant to such websites.

The Website, including e-Newsletters and SVN SEAS Adventure Co social media profiles, may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither SVN SEAS Adventure Co nor its officers, employees, agents or related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

All prices displayed, and products and services advertised on the Website, can be changed without notice.

COMMISSION AND FEES

You acknowledge and accept that SVN SEAS Adventure Co and its service providers may receive fees and/or commissions from third parties for goods and services that are displayed or made available through the Website, including e-Newsletters, or are hyperlinked from the Website or e-Newsletters.

COMPETITORS

SVN SEAS Adventure Co may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.

PARTICIPATION IN PROMOTIONS

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

CHANGING AND DISCONTINUING CONTENT

SVN SEAS Adventure Co reserves the right to alter the Website and any Content at any time. SVN SEAS Adventure Co may discontinue, temporarily or permanently, the Website (or any part thereof), whether for maintenance or for any other reason, with or without notice.

You agree that SVN SEAS Adventure Co shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

DISCONNECTION

If there is a prolonged period of inactivity between your browser and the Website servers, you may be disconnected or we may ask you to resubmit your password. SVN SEAS Adventure Co is not responsible for any information you may lose should a disconnection occur.

INTELLECTUAL PROPERTY

The information, text materials, graphics, logos, button icons, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of this Website are protected by copyright, trade mark and other intellectual property laws.

You agree to grant SVN SEAS Adventure Co a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright you have in any Content uploaded or otherwise posted, inserted or provided by you, including all media now known or not currently known. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that Content in favour of SVN SEAS Adventure Co.

You must not modify, copy, reproduce, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe SVN SEAS Adventure Co’s intellectual property or other rights, except as expressly provided in these Terms of Use or as permitted by the Copyright Act 1968 (Cth).

Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of SVN SEAS Adventure Co. You may not use these trademarks or logos without the express permission of SVN SEAS Adventure Co. Any unauthorised use of the trademarks or logos is strictly prohibited.

LIMITATION OF LIABILITY, CONSUMER LAW AND INDEMNITY

Neither SVN SEAS Adventure Co nor any of its officers, employees, agents or related bodies corporate shall be liable to you or anyone else for:

a. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction of, or damage or unauthorised access to, your computer system or network;

b. any defamatory, infringing, offensive or illegal conduct or material found in connection with the Website, including such conduct or material transmitted by any means by any other person; or

c. any loss, damage or cost, including, without limitation, any direct, indirect, special, purely economic, consequential or punitive damages, or any legal costs, arising out of, or in connection with:

i. the use of the Website;
ii. the use by SVN SEAS Adventure Co of information provided by you through the Website;
iii. you or anyone else being unable to access the Website for any reason; or
iv. the use of your Website password by you or any third party to whom you have made the password available.

SVN SEAS Adventure Co expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at SVN SEAS Adventure Co’s sole discretion):

a. in the case of goods, any one or more of the following:
i. replacement of the goods or supply of equivalent goods;
ii. repair of the goods;
iii. payment of the costs of replacing the goods or of acquiring equivalent goods; or
iv. payment of the costs of having the goods repaired; and
b. in the case of services:
i. re-supply of the services; or
ii. payment of the cost of having the services supplied again.

You indemnify SVN SEAS Adventure Co against any action, liability, claim, loss, damage, proceeding or expense (including legal costs) suffered or incurred by SVN SEAS Adventure Co, arising out of, or in connection with:

a. your breach or non-observance of any term of these Terms of Use;
b. any Content submitted by you; or
c. any breach or inaccuracy in any representations or warranties made to SVN SEAS Adventure Co by you.

LAW ENFORCEMENT

SVN SEAS Adventure Co reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

PRIVACY

You agree to comply with SVN SEAS Adventure Co’s privacy policy, guidelines and statements as may be applicable from time to time. SVN SEAS Adventure Co’s Privacy Policy can be accessed on the Website.

TERMINATING YOUR RELATIONSHIP WITH THE COMPANY

These Terms and Conditions of Use will continue to apply until terminated by either you or SVN SEAS Adventure Co as set out below:

a. if you are registered as a User and want to terminate your membership of SVN SEAS Adventure Co, you may do so by notifying SVN SEAS Adventure Co in writing.
b. SVN SEAS Adventure Co may, at any time, terminate its agreement with you if:
c. you have breached any provision of these Terms of Use or have acted in manner which clearly shows that you do not intend to, or are unable to, comply with any provision of these Terms of Use; or
d. SVN SEAS Adventure Co is required to do so by law or valid order of a court government authority.
e. Amendment of terms and conditions of use

AMENDMENT OF TERMS AND CONDITIONS OF USE

SVN SEAS Adventure Co is entitled, at its sole discretion, to amend, add or remove any part of these Terms of Use at any time without notice. You should periodically read these Terms of Use. Your continued use of this Website or any product or service obtainable through the Website after any such change to these Terms of Use constitutes an agreement by you to abide by and be bound by these Terms and Conditions of Use, as amended.

Choice of law and use of the website

This agreement is governed by the law in force in the State of Queensland and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or the Website.

SVN SEAS Adventure Co has designed the Website for use only within the Commonwealth of Australia makes no warranties or representations with regard to use by persons accessing, downloading or otherwise using the Website outside the Commonwealth of Australia.

If any of these Terms of Use are invalid or unenforceable, they may be struck out and the remaining Terms of Use will continue to be of full force and effect.
NO CLASS ACTIONS. You agree no claim subject to these Terms of Service may be brought as a class action.

NO WAIVER. Any failure of svnseas.com.au to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision

USERS UNDER 18 YEARS OLD

The SVN Seas website, sub sites, platform and services are solely intended for persons 18 years or older. Any access to or use of SVN Seas services by anyone under the age of 18 years old is prohibited. By accessing or using SVN Seas website and services you represent and warrant that you are 18 years or older

ADDITIONAL TERMS AND CONDITIONS - ADVENTURE CUSTOMERS

What is SVN Seas Guide Adventures?

SVN Seas Guide Adventures is an online service that lets guides create and list content and adventures. Adventure activities can be but not limited to surfing, snorkelling, hiking, kayaking, paddle boarding, bike riding or sailing. Outings such as but not limited to, surf food tours and beverage tours (craft breweries, vineyards). Health and Wellbeing such as but not limited to Yoga, Pilates, spin biking, hiking or meditation. Adventurers can browse content and book an adventure offered by guides.

Definitions

Guide – eligible member who offers a specific adventure available to book via the service
Adventurer – browser or member who books an adventure via the service or a member who participates in an adventure that is not a guide for the adventure or a adventure’s additional guest who was also signed up for or participates in the experience.
The service – the SVN Seas website, sub site or platform
Listing – an adventure created, submitted and listed or otherwise made available to by a guide through SVN Seas.

1. By approaching this website, sub site and platform and using SVN Seas services and/or guide services, you agree with the applicability of the terms and conditions, additional terms and conditions and privacy policy. When creating an account you (once more) have accepted all SVN Seas all terms and conditions and privacy policy.

2. If any of the provisions in the SVN Seas guide customer Terms and conditions are null and void, or declared null and void, the other provisions shall remain in form.

3. SVN Seas makes available the website, sub sites and platform where you can browse content and book adventures from guides pages (surfing or otherwise). SVN Seas responsibilities are limited to facilitating the availability of the website, subsites and platform.

4. The SVN Seas website, sub sites, platform and services are solely intended for persons 18 years or older. Any access to or use of SVN Seas services by anyone under the age of 18 years old is prohibited. By accessing or using SVN Seas website and services you represent and warrant that you are 18 years or older.

5. SVN Seas is not a travel agency, travel or experience organiser or provider or trader of adventure and experience services and SVN Seas is not responsible in any way for the services that you select and book.

Customer and Guide Relationship

6. If you select a listed adventure on SVN Seas, you understand and agree that the guide is limited to being a member and an independent, third party contractor and not an employee, agent, joint venture, commercial joint venture, or partner. You acknowledge that the guide acts exclusively on their own behalf and not for the benefit of SVN Seas. SVN Seas does not control and has no right to control the guide’s adventure or any details in connection with any listing. You acknowledge that you alone are solely responsible for your adventure selection and booking. At the bottom of the booking section for each adventure you can refer to the specific terms and conditions for that adventure, you will also receive these along with the booking receipt once you have paid.

7. When you, as an adventurer and a guide make, receive or accept a booking through the service, you are entering into a contract directly with each other. SVN Seas is not party to any transaction between hosts and guest other than remittance of funds.

8. Guides alone are responsible for the adventure(s) they submit, list and provide. Guides are solely responsible for identifying, understanding and complying with all local, state, territory and federal laws and regulations. SVN Seas simply provides the service and is not itself an operator or provider of tours, activities, travel services, adventures or experiences.
Conduct
You shall treat all guides respectfully and as any reasonable person would treat another. In addition to all other terms and condition, guides agree to the following:
• Customers will not bring any additional, customers or unpaid guests or adventurers on their adventure, unless they are booked in via SVN Seas.
• Customers will always provide accurate information to SVN Seas and Guides and any other individual or entity they communicate with through the service.
• Customers will communicate and educate guides on anything they may need to know to safely participate in the adventure. Whether it’s physical or mental risks relating to fitness, necessities like water or food, the difficulty level or something simple like dress code.
• Customers will discuss any necessary allergies, physical or mental disabilities or medical conditions or any other afflictions or circumstances that may impact either party (Guide or Customer) from safely participating in an adventure.
• All parties involved in the Adventure will comply with applicable local, state and federal laws and regulations.
• All parties will not violate or infringe on anyone else’s rights or otherwise cause harm to anyone.
• All parties will not breach any agreement you may have with any third party.

No Endorsement

9. We look forward to you being a part of the surfing community and enjoying new and exciting adventures but we do not endorse any customers or guides, booking, listing or adventure. We cannot guarantee or control the accuracy, quality, readiness, completeness, suitability, satisfaction or usefulness of any listing or adventure, nor the conduct of you or any guide using the SVN Seas service.

Limitation of liability

10. You agree, as a customer, that the entire risk arising from your access to and use of the service remains with you. To the fullest extent permitted by law, you agree, SVN Seas will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruptions, computer or mobile device damage or systems failure or the cost of substitute products or services or any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the service, your use of the adventure or posting of, or request to post, listings, any communication, interaction or meetings with other participants in adventures, or other persons with whom you communicate or interact as a result of your use of the service or adventure, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SVN Seas has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

11. SVN Seas highly recommends that both guides and customers obtain the sufficient amount of insurance for their adventure or experience. Prior to you participating or offering the listed experience or adventure please carefully check your insurance policies to make sure you understand if any exclusions or deductions apply, including but not limited to, whether or not your insurance policy will cover the actions and/or inactions of your participants who are participating in the adventure or experience.

Indemnification

12. You agree to release, indemnify, and hold SVN Seas and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claim, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the service, you violation of these terms, or your listing, booking or participation in an adventure.

ADDITIONAL TERMS AND CONDITIONS - ADVENTURE GUIDES

What is SVN Seas Guide Adventures?

SVN Seas Guide Adventures is an online service that lets guides create and list content and adventures. Adventure activities can be but not limited to surfing, snorkelling, hiking, kayaking, paddle boarding, bike riding or sailing. Outings such as but not limited to, surf food tours and beverage tours (craft breweries, vineyards). Health and Wellbeing such as but not limited to Yoga, Pilates, spin biking, hiking or meditation. Adventurers can browse content and book an adventure offered by guides.

Definitions

SVN Seas – SVN Seas Adventure Co Pty Ltd
Guide – eligible member who offers a specific adventure available to book via the service
Adventurer – browser or member who books an adventure via the service or a member who participates in an adventure that is not a guide for the adventure or a adventure’s additional guest who was also signed up for or participates in the experience.
The service – the SVN Seas website, sub site or platform
Listing – an adventure created, submitted and listed or otherwise made available to by a guide through SVN Seas.

1. By approaching this website, sub site and platform and using SVN Seas services and/or guide services, you agree with the applicability of the terms and conditions, additional terms and conditions and privacy policy. When creating an account you (once more) have accepted all SVN Seas all terms and conditions and privacy policy.
2. If any of the provisions in the SVN Seas guide customer Terms and conditions are null and void, or declared null and void, the other provisions shall remain in form.
3. SVN Seas makes available a beta version of the website, sub sites and platform where as a guide, you can browse content, potentially list and potentially book adventures via your own adventure page. SVN Seas responsibilities are limited to facilitating the availability of the beta website, subsites and platform. SVN Seas does not guarantee that the website, subsites and platform are free of malware and does not accept any liability for any damage caused, interruptions or disruptions in access.
4. SVN Seas is entitled to amend or compliment the terms and conditions. In that case you agree with the amended terms and conditions by using or continue to use – the website, sub site and platform.
5. The SVN Seas website, sub sites, platform and services are solely intended for persons 18 years or older. Any access to or use of SVN Seas services by anyone under the age of 18 years old is prohibited. By accessing or using SVN Seas website and services you represent and warrant that you are 18 years or older.

Guide and SVN Seas Relationship

6. Your relationship with SVN Seas is limited to your registration as a member and an independent, third party contractor and not an employee, agent, joint venture, commercial joint venture or partner of SVN Seas. You act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of SVN Seas. You shall never imply or otherwise suggest towards third parties that your relationship with SVN Seas is anything other than what is described in these Terms and Conditions.
7. When you register, contribute, submit, list or guide, you represent and warrant that all supplied information is truthful, accurate and lawful and that it will be updated as and when necessary to stay accurate and relevant.
8. You will notify SVN Seas immediately if you suspect unauthorised use of or access to your account and/or password. You are solely responsible for any and all use of your account.

9. You as a guide agree that you are only eligible to submit, list or engage with an adventurer if you meet all SVN Seas guidelines, pathways, privacy, terms and conditions and comply with all local, state, territory and federal laws and regulations.

10. When an adventurer and a guide make contact, receive or accept a booking or any type of commercial transaction, they acknowledge that they themselves are entering into a contract directly with each other. SVN Seas is not party to any transaction between hosts and guest other than remittance of funds. You and you alone as the guide are responsible for the management of your booking. You acknowledge that at the bottom of the booking section for each adventure you can refer to the specific terms and conditions for that adventure and that customers will also receive these terms and conditions with the booking receipt once they have paid.

Conduct

11. You shall treat all adventurers respectfully and as any reasonable person would treat another. SVN Seas has the right to monitor any customer satisfaction without your consent. In addition to all other terms and condition, guides agree to the following:
• Guides will not bring any additional, customers or unpaid guests or adventurers on their adventure, unless they are booked in via SVN Seas.
• Guides will always provide accurate information to SVN Seas and Customers and any other individual or entity they communicate with through the service.
• Guides will communicate and educate customers on anything they may need to know to safely participate in the adventure. Whether it’s physical or mental risks relating to fitness, necessities like water or food, the difficulty level or something simple like dress code. Guides must communicate all important and necessary pieces of information.
• Guides and adventures will discuss any necessary allergies, physical or mental disabilities or medical conditions or any other afflictions or circumstances that may impact either party (Guide or Customer) from safely participating in an adventure.
• All parties involved in the Adventure will comply with applicable local, state and federal laws and regulations.
• All parties will not violate or infringe on anyone else’s rights or otherwise cause harm to anyone.
• All parties will not breach any agreement you may have with any third party.

No Endorsement

12. We look forward to you being a part of the surfing community and enjoying new and exciting adventures but we do not endorse any customers or guides, booking, listing or adventure. We cannot guarantee or control the accuracy, quality, readiness, completeness, suitability, satisfaction or usefulness of any listing or adventure, nor the conduct of you or any guide using the SVN Seas service.

No Bookings

13. You agree that SVN Seas makes no representation to the supply of bookings and there is no obligation for SVN Seas to supply bookings in any quantity or of any quality.

Limitation of liability

14. You agree, as a guide, that the entire risk arising from your access to and use of the service remains with you. To the fullest extent permitted by law, you agree, SVN Seas will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruptions, computer or mobile device damage or systems failure or the cost of substitute products or services or any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the service, your use of the adventure or posting of, or request to post, listings, any communication, interaction or meetings with other participants in adventures, or other persons with whom you communicate or interact as a result of your use of the service or adventure, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SVN Seas has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

15. SVN Seas highly recommends that both guides and customers obtain the sufficient amount of insurance for their adventure or experience. Prior to you participating or offering the listed experience or adventure please carefully check your insurance policies to make sure you understand if any exclusions or deductions apply, including but not limited to, whether or not your insurance policy will cover the actions and/or inactions of your participants who are participating in the adventure or experience.

Indemnification

16. You agree to release, indemnify, and hold SVN Seas and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claim, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the service, you violation of these terms, or your listing, booking or participation in an adventure.

SVN SEAS ADVENTURE CO.

Learn to surf anywhere in Australia and continue surfing around the world

© 2016 SVNSeas Pty Ltd.

LOCATIONS

Central Coast | Gold Coast | Melbourne | Newcastle | Mid North Coast | Northern Rivers | Sunshine Coast | Sydney