Terms of Use

About the Terms

Welcome to the blog.surfstitch.com website (“the Blog”) Terms of Use. Please read them carefully before using the Blog. By using the Blog you indicate that you accept these Terms of Use and that you agree to be bound by them. These Terms of Use supplement our Terms and Conditions regarding the supply of goods and our Privacy Policy regarding use of your personal information.

We may change these terms from time to time without notice to you. Your continued use of this website will be deemed acceptance of the updated or amended terms.

References in these Terms of Use to “we”,”us” and “SurfStitch” are to SurfStitch Pvt. Ltd.

Moderation

The Blog is moderated and every comment submitted to The Blog (“Comment”) will be checked by us for compliance with our Content Standards before it is published. We cannot guarantee that all Comments will be published nor can we guarantee how quickly Comments will be posted on The Blog.

Although The Blog is moderated, we are not responsible for any user-generated content on the site or to oversee, monitor or moderate The Blog or any other service we provide on our site and we may stop moderating The Blog at any time. We reserve the right to remove, or to disable access to, any Comment which we deem to be potentially defamatory of any person or which we deem unlawful or in violation of any third party rights. We expressly exclude liability for any loss or damage arising from the use of The Blog by any person in contravention of these Terms of Use. Where content has been posted by members of the public, the views expressed are theirs and unless specifically stated are not those of SurfStitch.

Links

Where our site contains links to other sites and resources provided by third parties, you will leave this site. SurfStitch.com is not responsible for the operation of or content located on or through any such site or resources. Links to third party web sites do not constitute or imply an endorsement, sponsorship or recommendation by us of the third party, the third party website or the information contained thereon.

Use of The Blog by Minors

The use of The Blog by minors is subject to the consent of their parent or guardian. We advise parents who permit their children to use The Blog that it is important that they communicate with their children about their safety online. Minors who are using The Blog should be made aware of the potential risks to them and of their obligation to comply with these Terms of Use when using The Blog.

Submission of Comments

To add a Comment to a discussion, please click on “comment” below the relevant post and insert your name, email address and comment and press “Post Comment”. Your email address will not be displayed with your Comment. If you have an idea for a post or would like to contribute to The Blog please email us by clicking on “Contact Us” on The Blog.

Any personal information supplied to us as part of the registration process will be collected, stored and used in accordance with our Privacy Policy.

Content Standards

These Content Standards apply to each part of a Comment as well as to its whole. SurfStitch may in its sole discretion determine whether a Comment breaches the Content Standards.

A Comment must be civil, relevant and comply with the law applicable in Australia and in any country from which it is posted. If you want to post a link to a third party website, please make sure that it is appropriate to the subject matter and does not cause offence in any way.

A Comment must not:

  • Be defamatory of any person.
  • Promote discrimination or incite hatred based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Be vulgar, obscene, indecent or offensive, likely to harass, upset, embarrass, alarm or annoy any other person.
  • Contain any software or material designed to harm or dispute the computers of other users including viruses, worms and trojans.
  • Disclose the private details of another person such as name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.
  • Infringe the intellectual property rights of any other person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Be in contempt of court.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Give the impression that the Comment emanates from SurfStitch if this is not the case.
  • Advocate, promote, incite any third party to commit, or assist any violent, unlawful or criminal act.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Contain any advertising or promote any goods or services.
  • Be a complaint about faulty goods or customer services. If you would like to raise any such complaints, please do so by contacting our Customer Services division – see customerservice@surfstitch.com.
  • Be in a language other than English.
  • Refer to eBay or any other auction site.
  • Link to a site that requires registration in order to view, any site that prompts an automatic download or any site that prohibits linking.

Copyright

By submitting a Comment to The Blog in any form, you agree to grant us a non-exclusive licence to use that Comment. This licence grants us the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Comment. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Comment in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.

Please also note that, in accordance with the Content Standards, you must ensure that your Comment does not infringe any copyright, database right or trade mark of any other person. By submitting your Comment to The Blog, you are warranting that you have the right to grant us the non-exclusive copyright licence described above. If you are not in a position to grant such a licence to us, please do not submit the Comment to The Blog.

Breach of the Terms of Use and House Rules

When we consider that a breach of the Content Standards or the User Guidelines has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the Terms of Use, pursuant to which you are permitted to use The Blog. We may, without limitation, take all or any of the following actions as a result:

  • Immediate, temporary or permanent withdrawal of your right to use The Blog.
  • Immediate, temporary or permanent removal of any Comment already posted on The Blog.
  • Issue a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

The actions above are not limited and we may take any other action we reasonably deem appropriate. We specifically exclude liability for all or any action we may take in response to breaches of these Terms of Use.

Complaints

If you wish to complain about any post on The Blog, please contact us.

General

We have taken every care in the preparation of the content of this website. To the extent permitted by applicable law, and save as otherwise specified by us, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or on any website linked to it.

The exclusions of liability contained in these Terms of Use shall not apply to any damages arising from death or personal injury caused by our negligence.

These Terms of Use shall be governed by and construed in accordance with Australian and New South Wales law. If any terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

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