Surf Better Now Terms and Conditions
A Digital Subscription (with or without payment) to Surf Better Now is subject to the following terms and conditions.
1.1. A digital subscription provides you with access to Surf Better Now, with access granted dependent on the level of subscription purchased.
1.2. In order to create or activate your digital subscription, you will be required to create a user account. The login details associated with your account including username and password must not be shared with any other person.
1.3. If any misuse of your login details is detected or suspected by Surfing Victoria (including the concurrent use of your login details and/or the use of your login details on more than the maximum allowable concurrent sessions), your subscription may be terminated and you will not be eligible for a refund.
2.1. Surfing Victoria will process your digital subscription purchase as promptly as possible. Your payment details must be verified before your subscription can be activated.
2.2. If your initial payment authorisation is revoked, your subscription will be terminated. We reserve the right to reject any subscription order at any time.
2.3. Digital subscriptions renew automatically unless you cancel according to our cancellation policy (see clause 10 below). Payment for digital subscriptions will be direct debited from your nominated financial institution or payment method.
2.4. It is your responsibility to provide valid payment details, and ensure that your payment details are up to date.
2.5. If your payment method is invalid, or your payment is otherwise rejected, your subscription may automatically be cancelled and unlimited access revoked. If your subscription is cancelled due to such a payment issue, Surfing Victoria makes no guarantee that the same subscription at the same price will still be available to you.
2.6. Unless specified otherwise in the Cancellation policy (see clause 10 below), all charges are non-refundable.
2.7. If for some unforeseen reason your complete access to our services is unavailable for a continuous period of more than 24 hours you may be eligible for a credit of a pro-rated amount for the period of the service outage. For avoidance of doubt if you are unable to access our services due to problems not related to Surfing Victoria then you are not eligible for a refund or credit of any nature.
2.8. A 0.9% fee will be added to your monthly or annual subscription cost if you pay by MasterCard, Visa, or American Express card.
3. PRICING
3.1. When you purchase a digital subscription, you agree to pay the price stated at the time of your order. You also agree to the billing frequency specified at the time of your order.
3.2. Any discount eligibility is determined at the time of order. Discounts cannot be applied retrospectively. All prices are in Australian Dollars (AUD) and inclusive of Goods and Services Tax (GST).
3.3. Surfing Victoria reserves the right to change the prices and fees at any time. We will provide you with 14 days notice if the regular rate of a digital subscription changes from what was stated at the time of your order.
3.4. Price changes will take effect from your next billing date after the notice period. If you do not wish to continue your subscription at the revised price, you may cancel your subscription before the end of your current direct debit pay cycle. (See clause 10 for Cancellation terms.)
4. THIRD PARTY FEES AND CHARGES
4.1. All Digital Subscriptions are subject to a processing fee that is charged by the payment gateway provider.
4.2. When you use your digital subscription, you may incur other additional changes, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
5. PROMOTIONS
5.1. Surfing Victoria may at times offer special promotions and other offers. The specific terms and conditions of each offer will be stated at the time of the promotion and will apply in addition to these Digital Subscription Terms and Conditions. In the event of any inconsistency between the terms and conditions of a special offer and these Digital Subscription Terms and Conditions, these Digital Subscription Terms and Conditions will apply.
5.2. You may be required to provide your payment details when you sign up for a promotion. If this is a direct debit offer, your subscription will be automatically renewed after your initial payment at the standard subscription rate unless you cancel.
5.5. All Surfing Victoria digital subscriptions renew automatically at the end of their respective billing cycles (see clause 2.3). Any offer or discount provided to Surfing Victoria subscribers will revert to the full, auto-renewal price of the subscription, unless the subscription is cancelled prior to the end of the discounted period.
7. MANAGING YOUR DIGITAL SUBSCRIPTION
7.1. You can manage your account and personal details online through www.surfbetternow.com
7.2. You can upgrade or downgrade your subscription package as you need using My Account or by contacting Surfing Victoria.
7.3. Upgrades will be billed from your next billing cycle, with access to digital products accessible immediately.
7.4. Downgrades to a lower subscription package rate will take effect from your next billing cycle.
8. SUSPENSION POLICY
8.1 Digital subscriptions cannot be suspended under any circumstances.
10. CANCELLATIONS
10.1. You can cancel your Digital Subscription at any time by contacting Surfing Victoria
10.2. Digital Subscriptions are non-refundable. You must notify us of cancellation at least 72 hours before your next billing date, otherwise we may not be able to stop your next payment from being deducted.
10.3. When you cancel, you cancel only future charges associated with your subscription. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current billing period. You will continue to have the same access and benefits until the end of your current billing period. Your cancellation request must be made at least 72 hours before your next billing date otherwise we may not be able to stop your next payment being deducted.
10.5. Surfing Victoria reserves the right to suspend or cancel your subscription at any time in its absolute discretion. In the event that Surfing Victoria cancels your subscription, you will receive a pro-rata refund for the balance of the term on your Upfront Subscription.
10.7 If you email a cancellation request to [email protected] and we are unable to identify your subscription from the information you have provided, we will respond directly to your email to request further identifying information. In the event this occurs, you must reply to our email otherwise your subscription will not be cancelled.
10.8 If you opt out of receiving any newsletters or other email communications associated with your subscription, Surfing Victoria will not refund any subsequent subscription fees charged unless you have also cancelled your subscription in line with Clause
10.1 above. Opting out of receiving newsletters or any other email communication otherwise related to your subscription does not constitute the cancellation of your subscription.
12. SURFING VICTORIA’S RIGHT TO CHANGE DIGITAL PRODUCTS
12.1. Surfing Victoria reserves the right to modify the content, inclusions, type and availability of any digital product at any time. In the event your subscription package changes, you will be given 14 days notification prior to when you would need to make a decision to cancel and not be affected. Your package change will automatically take place from your next billing cycle.
12.2. We reserve the right under special circumstances to enable free access to our subscriber content for a limited period of time. During this time subscribers will not be eligible for a refund.
12.3. If any or all of our digital products are temporarily unavailable, you will not automatically be entitled to receive a refund. We reserve the right to issues refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
13. TRIAL TERMS
13.1. If we grant you access to a free trial subscription and you do not cancel the trial prior to the expiry of the term, you will automatically be converted to a paid subscription upon expiry of the term. You may only cancel or opt out of the trial by contacting Surfing Victoria in accordance with Clause 10.1 above. Surfing Victoria takes no responsibility for complying with any cancellation requests made outside of the scope stipulated in Clause 10.1.
14. YOUR PRIVACY
14.1. You agree that your name, address, email address, year of birth, postcode, gender and mobile/telephone number will be collected and stored by Surfing Victoria and used for the purpose of managing your subscription, communicating with you about your subscription and to notify you of any associated customer offers or benefits or future subscriptions, unless otherwise notified by you.
14.2. Information on how we handle your personal information is explained in our Privacy Policy. You can obtain further information on the Surfing Victoria Privacy Policy by visiting Privacy (Link)
16. DISCLAIMERS
16.1. You agree that any errors you make in entering your contact information and order details are your responsibility and Surfing Victoria is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to sending the subscription to the address as notified by you.
16.2. You agree that any errors made in entering your contact information and order details are your responsibility to report to Surfing Victoria within 7 days of becoming aware of the error.
16.3 To the extent permitted by law, Surfing Victoria is not liable to you for any loss or damage incurred by you in connection with your subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, Surfing Victoria’s maximum liability to you is limited to the value of the subscription fees paid within the previous twelve months.
17. YOUR OBLIGATIONS
17.1. It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with a direct debit request, and to notify Surfing Victoria and update your payment details accordingly if your details have changed since your last billing date.
17.4. It is your responsibility to check your account statements to verify that the amounts debited from your account are correct and notify Surfing Victoria if you believe you are being billed incorrectly.
17.5. Surfing Victoria will not refund past subscription payments if a subscriber has failed to contact Surfing Victoria directly to cancel their subscription.
17.6 Surfing Victoria will not refund past subscription payments if a subscriber has failed to contact Surfing Victoria directly to report unexpected payments on their account within three months of those payments being made.
17.8 Surfing Victoria may notify you if your payment method appears close to expiry, however Surfing Victoria will not take responsibility if your financial institution continues to allow subscription payments from your payment method after it has expired. If you receive notification from us that your payment method appears close to expiry, you must take action to either update your payment details or cancel your subscription (for cancellations, see Clause 10.1).
17.9 If you are experiencing any technical issues accessing your Digital Subscription, it is your responsibility to contact Surfing Victoria directly to receive assistance. Surfing Victoria reserves the right to refuse any request for credits, refunds, or extensions if a subscriber has not requested assistance within 48 hours of experiencing the issue.
21. GENERAL
21.1 You agree that all subscriptions provided, benefits accepted or offers made by Surfing Victoria shall be deemed to be provided in Australia, notwithstanding your location, and the terms of such subscriptions, benefits and offers shall be governed exclusively by Victoraia’s law, and the Courts of Victoria shall have exclusive jurisdiction to determine any such matters that may arise involving or alleged to involve Surfing Victoria.
21.3 You acknowledge that these Digital Subscription Terms and Conditions may be modified by Surfing Victoria from time to time, including but not limited to terms relating to fees and charges, cancellation and modifying your subscription. 21.6 You acknowledge and agree that you are entitled to purchase a subscription from Surfing Victoria for personal use only. You agree and acknowledge that subscriptions cannot be exploited for any commercial purpose, including on-selling your subscription to any third party. Despite this, Surfing Victoria may, at its sole discretion, offer multiple copy subscriptions to certain organisations. 22. DEFINITIONS In these terms and conditions:
22.1 “Surfing Victoria”, “Surfing Vic”, “SV”, “our”, “we” or “us” means Surfing Victoria Inc. – recognised by the State Government of Victoria and surf industry as the organizing body for surfing in Victoria. Surfing Victoria conducts a range of age and discipline events, also, educational programs to coaches, instructors, recreational surfers and competitors. Our services are delivered by a key network of regional coaches, affiliated clubs and surf schools. Benefits and insurances are provided to our members and affiliated clubs and surf schools.
22.2 Subscriber, “Customer” or “You” means a person who is a subscriber to Surf Better Now – www.surfbetternow.com
22.5 All Digital Access refers to unlimited access to the website content at www.surfbetternow.com
