Terms of Use

1.1. This website ("Website") is operated by FLATROCK GROUP PTY LTD (ABN 17 685 585 522) trading as Flatrock Surf ("we", "us", "our" or the "Company").

1.2. This Website is located on the internet via the domain https://flatrocksurf.com and includes all of the files located in that domain.

2.1. By accessing or using our content, making purchases, making inquiries, or communicating with us, whether via this Website, via email, via telephone, via post, or in any other manner you agree to be bound by:

2.1.1. these Terms of Use;

2.1.2. our Privacy Policy (located at https://flatrocksurf.com/pages/privacy-policy); 

2.1.3. our Shipping Policy (located at https://flatrocksurf.com/pages/shipping);

2.1.4. our Returns and Refunds Policy (located at https://flatrocksurf.com/pages/returns),

2.1.5. our Warranty Policy (located at https://flatrocksurf.com/pages/warranty)

(collectively referred to as this "Agreement").

2.2. If you are under 18 years of age, you must not place an order with us. Please ask a parent or legal guardian to make the purchase on your behalf. By placing an order, you represent and warrant that you are at least 18 years old and legally capable of entering into a binding agreement. If we incur any loss or damage as a result of a transaction entered into by a minor, we reserve the right to seek compensation from that minor's parent or legal guardian to the fullest extent permitted by law.

3.1. Your use of this Website is subject to the rules set out in Schedule 1 below.

3.2. We reserve the right at our discretion to:

3.2.1. at any time prior to your order being accepted in accordance with this Agreement, cancel all or part of your order; and

3.2.2. at any time:

3.2.2.1. refuse to provide products or services to you;

3.2.2.2. terminate your access to this Website; and/or

3.2.2.3. remove or edit any content on this Website.

3.3. You indemnify and hold harmless the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

3.3.1. any material or information that you submit, post, transmit or otherwise make available through this Website;

3.3.2. your use of this Website or our products or services; or

3.3.3. your negligence or misconduct, breach of this Agreement or violation of any law or the rights of any person.

4.1. The Company reserves the right to make any parts of the Website accessible only to users who have registered.

4.2. If you choose to register an account, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password. We will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that we will be entitled to assume that any person using this Website with your username and password is you or your authorised representative and that you will be liable for any actions taken using your account.

4.3. You must notify us immediately of any known or suspected unauthorised use of any password or any other breach of security.

4.4. You represent and warrant to us that all information provided to us by or for you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person's intellectual property or other rights.

4.5. One person may not maintain more than one account with us. Accounts registered by "bots" or other automated methods are not permitted.

4.6. We reserve the right, in our sole discretion, to accept or reject any application for registration of an account with us. We also reserve the right to cancel, suspend, or terminate any account without providing a reason.

5.1. By placing an order with us, you make an irrevocable offer to us to purchase the products that you have selected, pursuant to this Agreement. Information contained in this Website constitutes an invitation to treat only. No information in this Website constitutes an offer by us to supply any products or services to you - however, we will endeavour to supply your selected products to you.

5.2. We will not commence processing any order made through this Website unless and until:

5.2.1. payment for the order has been received by us in full; and

5.2.2. the order has passed our internal validation procedures, which are undertaken in order to verify the bona fides of each order for the purpose of preventing fraud.

5.3. Acceptance of each order will take place if and when we send the requested items to you, at the time at which the items are despatched. Title to, and risk in, the items will pass from us to you at that time.

6.1. We reserve the right to change the products we offer and the prices for products at any time.

6.2. Shipping costs are specified in our Shipping Policy (located at https://flatrocksurf.com/pages/shipping) and shown separately during checkout.

7.1. Payment for orders placed through this Website may be made by credit/debit card, PayPal account, or selected Buy Now Pay Later ("BNPL") providers. Please note that all payments are processed online.

7.2. Except as expressly provided otherwise in this Agreement or unless required by the Australian Consumer Law, all amounts paid through this Website are non-refundable. Further information on the steps that we will take to remedy any breach of any non-excludable condition or warranty/guarantee is provided in clause 11.3.

7.3. For your protection and to prevent fraudulent transactions, we may request additional information from you, such as a copy of your credit/debit card and/or other identification documentation. This is part of our internal validation procedures which are designed to help protect bank and credit/debit card account holders from online fraud. Until your order has passed our internal fraud prevention checks, it will remain on pending status. If further information is requested and you do not provide the requested information within such time as we consider appropriate in our discretion, your order will be cancelled and, if your payment has been received, it will be refunded back to you.

7.4. We use secure payment gateways and we adhere to industry-standard practices for the security of credit/debit card and other personal data. Please see our Privacy Policy for more information about how we handle your data.

7.5. Please note that by choosing to pay with a credit/debit card, PayPal, or a BNPL service, you are agreeing to the terms and conditions set forth by your card issuer, PayPal, or the BNPL service provider respectively. We strongly recommend that you review those terms and conditions before finalising your payment.

8.1. We may use third parties to process transactions or payments, to conduct risk analysis and for other purposes ("Third Party Service Providers"). We reserve the right to change and replace any Third Party Service Provider in our sole and absolute discretion. Services provided by Third Party Service Providers are governed exclusively by the terms of use of such Third Party Service Providers, and we have no responsibility or liability with respect to any of their acts or omissions and any result thereof. We do not accept any responsibility for any delay, error, act or omission of a Third Party Service Provider.

8.2. The Website may contain links to and integrations with websites that are owned and operated by third parties. This may include Third Party Service Providers. We have no control over these external websites, which are governed by terms and conditions and policies independent of us.

8.3. You acknowledge and agree that when you access a third-party website available via a link contained on the Website:

8.3.1. you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;

8.3.2. we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and

8.3.3. you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Website.

8.4. While we take steps to ensure our Third Party Service Providers employ secure technology for transactions with you, we will not be responsible for any losses or damages, including consequential losses (whether direct or indirect), that may be suffered by you if your payment information is used in a fraudulent or unauthorised manner by any person other than us.

9.1. In this Agreement, the term "Proprietary Content" means:

9.1.1. this Website and all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this Website, and the selection and arrangement thereof); and

9.1.2. all software, systems and other information owned or used by us in connection with the products offered through this Website (whether hosted on the same server as this Website or otherwise); and

9.1.3. all registered and unregistered intellectual property rights and confidential information in all of our designs and products.

9.2. All Proprietary Content is the property of the Company or its licensors (as applicable) and is protected by Australian and international laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by this Agreement.

9.3. You may download and print out content from this Website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

9.4. Our logo and the phrases "FLRC", "Flatrock Wetsuits" and "Flatrock Surf" are trademarks of the Company. The look and feel of this Website (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of the Company. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without our prior written consent.

9.5. In this Agreement, the term "User Content" means any and all content that is submitted, posted or otherwise added to this Website by any user, such as comments, forum posts, chat room messages, reviews, ratings and feedback.

9.6. This Website contains some features that enable you and other users to upload User Content. We reserve the right to display, refuse to display, remove and/or amend all or any part of any User Content in our absolute discretion. In respect of any User Content that you upload, you:

9.6.1. represent and warrant to us that your sharing of that User Content does not infringe any copyright or other legal right of any other person; and

9.6.2. grant to us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, copy, reproduce, process, distribute, modify, adapt, prepare derivative works of, publish, transmit, publicly display, publicly perform and otherwise exploit all or any part of that User Content in any way in our absolute discretion.

9.7. In addition, by providing us with any feedback, suggestions, improvements, enhancements, and/or feature requests (which may or may not be contained in User Content) ("Feedback"), you:

9.7.1. agree that such Feedback does not constitute your confidential or proprietary information;

9.7.2. acknowledge and agree that we are not under any obligation of confidentiality, express or implied, with respect to the Feedback;

9.7.3. acknowledge and agree that we may have something similar to the Feedback already under consideration or in development;

9.7.4. grant us an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully-paid, transferable and sublicensable right to exploit the Feedback in any manner and for any purpose, in our absolute discretion, including to improve the Website and our products and create other products and services; and

9.7.5. assign to us all of your right, title, and interest in and to all Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights that may exist in such Feedback. You agree to execute any documents necessary to effect the assignment of the rights to us. In the event you do not execute such necessary documents within 30 days of our request, you irrevocably appoint us as your attorney, with full power of substitution and delegation, coupled with an interest, to execute and deliver any such documents on your behalf.

9.8. We do not waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources.

10.1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS WEBSITE AND ANY PRODUCTS AND/OR SERVICES PURCHASED OR OBTAINED FROM US, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

10.2. This Website is provided strictly on an "as is" basis. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this Website or any of its content, and in particular do not represent, warrant or guarantee that:

10.2.1. the use of this Website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

10.2.2. this Website will meet your requirements or expectations;

10.2.3. anything on this Website, or on any third-party website referred or linked to in this Website, is reliable, accurate, complete or up-to-date;

10.2.4. the quality of any products, services, information or other material purchased or obtained through this Website will meet any particular requirements or expectations;

10.2.5. errors or defects will be corrected; or

10.2.6. this Website or the servers that make it available are free of viruses or other harmful components.

11.1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

11.2. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, this Agreement, the use of this Website by you or any other person or any of our products or services.

11.3. To the maximum extent permitted by law, the Company and its officers, employees, agents, consultants, licensors, partners and affiliates expressly limit their liability for breach of any non-excludable condition or warranty/guarantee implied by virtue of any legislation to the following remedies (the choice of which is to be at the Company's sole discretion):

11.3.1. the replacement of the goods or the supply of equivalent goods;

11.3.2. the repair of the goods;

11.3.3. the payment of the cost of replacing the goods or of acquiring equivalent goods;

11.3.4. the payment of the cost of having the goods repaired;

11.3.5. the supply of the services again; or

11.3.6. the payment of the cost of having the services supplied again.

11.4. To the maximum extent permitted by law, you agree that your use of this Website and our products and services is at your own discretion and risk. You agree to release the Company and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from this Agreement or the use of this Website or our products or services by you or any other person. The Company may plead this release as a bar and complete defence to any claims or proceedings.

11.5. To the maximum extent permitted by law, and without limiting any other provision of this Agreement, the Company excludes liability for any delay in performing any of its obligations under this Agreement where such delay is caused by circumstances beyond the reasonable control of the Company, and the Company shall be entitled to a reasonable extension of time for the performance of such obligations.

12.1. In this Agreement, the following rules of interpretation apply:

12.1.1. headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in this Agreement;

12.1.2. no term may be construed adversely against the Company solely because the Company prepared this Agreement;

12.1.3. the singular includes the plural and vice-versa;

12.1.4. a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and

12.1.5. the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

12.2. The Company may provide any notification for the purposes of this Agreement by email, SMS message, or by providing a message through your account.

12.3. Each party must bear its own legal, accounting and other costs in connection with this Agreement.

12.4. You may not assign, transfer or sub-contract any of your rights or obligations under this Agreement without our prior written consent.

12.5. We may assign, transfer or sub-contract any of our rights or obligations under this Agreement at any time without notice to you.

12.6. Waiver of any power or right under this Agreement must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by the Company to act with respect to a breach by you or others does not waive the Company's right to act with respect to that breach or any subsequent or similar breaches.

12.7. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

12.8. The Company reserves the right to amend this Agreement at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this Website will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this Website or the goods offered through this Website.

12.9. You may only vary or amend this Agreement by written agreement with us.

12.10. This Agreement will be governed in all respects by the laws of New South Wales, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.