Information collected by Elemental is personal information, as defined by the Privacy Act 1998. This data includes your first name, last name, email address, telephone number and postal address.
HOW THE INFORMATION IS USED
Elemental uses your personal information so you can identify yourself when making an online booking or registration, to contact you about an enrolment, and to keep you informed (if you request it) of matters that may be of interest to you. Your personal information is not used for commercial purposes and is not distributed to any other organisation for any purpose.
The Elemental site is protected by 128-bit Secure Sockets Layer technology. This is indicated by the padlock symbol on your browser and means that all data sent between your browser and the server is encrypted, including your login, profile and credit card details. Credit card transactions are processed immediately using a secure payment gateway to the banking system, so we do not store your credit card details and provide you with instant feedback on the status of a transaction.
Elemental Surf Pty Ltd and its related names and logos are all trademarks and/or trade names owned or licensed by Elemental Surf Pty Ltd and are protected by law. Other trademarks and/or trade names not specifically listed here, but which are associated with Elemental Surf Pty Ltd, are protected by law as well. All trademarks, copyrights, logos, and symbols constitute the intellectual property of Elemental Surf Pty Ltd or its affiliated companies and are protected by federal and state law and may not be copied or imitated in whole or in part. Any unauthorized use of these trademarks and trade names is strictly prohibited. Elemental Surf Pty Ltd will take all necessary legal action available to it at law or in equity in order to enforce its intellectual property rights.
Third Party Products and Services
Elemental Surf Pty Ltd is not responsible for the content of any sites that may be linked to or from this website, nor do we make any representations or warranties of any kind regarding any products or services offered by any third parties whose icons, products, services or hyperlinks appear on the website. These links are provided for your convenience only and you access them at your own risk. Any other site accessed from this website is independent from Elemental Surf Pty Ltd, and Elemental Surf Pty Ltd has no control over the content of that other site. In addition, a link to any other site should not be construed as approval or endorsement by Elemental Surf Pty Ltd of that third party or of any product or service provided by a third party. Your correspondence or business dealings with third parties found on or through this website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We will not be involved in resolving any disputes relating to or arising out of any correspondence or business transaction between you and any such third parties.
Disclaimer Of Warranties And Limitation Of Liability
This website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Elemental Surf Pty Ltd disclaims all warranties, express and implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. If you rely on this website or any information, product or service available through this website, you do so at your own risk. Elemental Surf Pty Ltd does not warrant that the site will operate or perform in a manner that is uninterrupted or error-free, or that the site or host server will be maintained free of viruses or other harmful code. Elemental Surf Pty Ltd makes no warranties that the information, products and services presented on the site is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. Under no circumstances and regardless of legal theory, whether in tort, contract or otherwise, will Elemental Surf Pty Ltd be liable to you or any other party for any indirect, special, incidental, reliance, or consequential damages, however caused, and regardless of character, including without limitation, any damages relating to your use of this website, any product or service linked to from or advertised or promoted on this website, lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the site.
World-Wide Applicabilities and Laws
This website is presented by Elemental Surf Pty Ltd from within Australia, and Elemental Surf Pty Ltd makes no representation that materials in the website are appropriate or available for use in locations outside the Australia. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the website.
Jurisdiction and Venue
You agree that any legal action brought against Elemental Surf Pty Ltd shall be governed by the laws of the State of Western Australia without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the Elemental Surf Pty Ltd sites shall be an appropriate federal or state court located in Western Australia.