Terms & Conditions
Welcome to World Surf League’s official online store which is owned and operated by Kudo Surf Pty Ltd located at BOX 613, Paddington, QLD, 4064, Australia on behalf of Association of Surfing Professionals LLC d/b/a World Surf League (“World Surf League”). For these terms and conditions, World Surf League and Kudo Surf Pty Ltd will be collectively referred to as "Kudo Surf Pty Ltd" "we" or "us". The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of WSLSTORE.COM, including any content, functionality, products and services offered on or through WSLSTORE.COM (the "Website").
Acceptance of Terms and Conditions
Changes to Terms and Conditions
Except where prohibited by law, we may vary, amend, or supplement these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them. Accordingly, each time you access or use the Website, you should check the date of the Terms and Conditions and be aware of any changes since the last version. Your continued use of the Website following the posting of any changes to these Terms and Conditions means that you accept such changes. Your access to and use the Website will be governed by the Terms and Conditions in effect at the time of such access or use.
Other Sources of Terms and Conditions; Offers
Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices, rules, or other terms with respect to the Website, and, additionally in order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time in connection with purchasing Goods (defined below) on the Website (“Offers”), you may be required to agree to additional or different terms and conditions (“Additional Terms”). Some Offers may also be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of Goods (defined below) from an Offer which shall also be part of the Additional Terms. Certain Goods, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If the event of an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control.
Buy 3 Get 1 Free Hat
Offer excludes products less than or equal to $10 in value unless the total row price of the product exceeds $10
Unless otherwise specified in an Offer or Additional Terms the following terms shall apply to Offers: (i) product prices already reflect discounts; (ii) limited to stock on hand; (iii) not valid on prior purchases, gift cards, gift certificates, taxes or shipping and processing charges; (iv) you must pay applicable sales tax; (v) may not be combined with any other sale, promotion, discount, code, coupon or offers; (vi) not valid for cash or cash equivalents; (vii) cannot be sold or otherwise bartered; (viii) is limited to one Offer per person, household, or address; (ix) may only be used once; (x) cannot be modified, reproduced, sold, or traded; (xi) only apply to the United States. Additionally, we reserve the right to change, limit, or cancel any Offer, without prior notice. Void where prohibited, taxed or otherwise restricted.
Returns of any portion of the purchase will require equal forfeiture of Offer or amount equal to Offer. Buy One Get One offers apply a portion of discount amount to each of the items. WSLstore.com has the right to end or modify any promotion at any time. Other restrictions may apply. All items marked as Final Sale are non-refundable.
General Conditions of Use
The Website and the goods offered for purchase on it (the "Goods") are offered to you for your informational, personal and non-commercial use only. Any other use is strictly prohibited. By accessing and using the Website you represent and warrant that: (i) you are 18 years of age or older; (ii) if you are not 18 years of age or older you have the permission of a parent or legal guardian to access the Website and/or purchase the Goods offered on the Website; (iii) all information you submit is truthful and accurate; and (iv) your use of the Website does not violate any applicable law, rule, or regulation. If you do not comply with the representations and warranties stated in the preceding sentence, you may not purchase Goods on the Website.
Restrictions on Use
You agree that you will not:
- reverse engineer or decompile (whether in whole or in part) any software available through the Website (except to the extent expressly permitted by applicable law);
- remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Website;
- remove any copyright, trademark or other intellectual property right notices contained in material on the Website; or
- make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Website) all or any part of the Website or any materials contained on it.
Unlawful or Improper Use
You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Website and you may not violate the security of the Website. In particular, you must not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone) of any other person;
- upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;
- use any device, software or routine that interferes with the proper working of the Website;
- download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally;
- hack into the Website, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or engage in any other behavior likely to inhibit any other user from using and enjoying the Website or that is otherwise likely to damage or destroy the reputation of the Website or Kudo Surf Pty Ltd.;
- access data not intended for your use or log onto a server or an account which you are not authorized to access;
- attempt to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
- attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- attempt to interfere with service to any user, host or network, including, without limitation, via a means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing," or "crashing" the Website; or
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Kudo Surf Pty Ltd will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
These content standards apply to any and all Comments. Comments must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Comments must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity.
Monitoring and disclosure
Kudo Surf Pty Ltd accepts no obligation to (but may in its discretion) monitor the use of the Website by you. Kudo Surf Pty Ltd reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these Terms and Conditions.
Intellectual Property Rights
All content and materials on the Website, including text, graphics, illustrations, designs, icons, photographs, programs, video clips, audio clips, digital downloads, data compilation, and software (“Content”), is the property of Kudo Surf Pty Ltd, its content suppliers or licensors and is protected by U.S. and international copyright laws. The World Surf League and Kudo Surf Pty Ltd names and logos and related product and service names, design marks and slogans are the trademarks or service marks of World Surf League and Kudo Surf Pty Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the Website. Your use of the Website does not grant you any ownership of, or a license to, any Content or intellectual property you may access on the Website. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
Operation of Website
Linking to the Website and Social Media Features
This Website may provide certain social media features that enable you to:
- Link from certain third-party websites to certain content on this Website.
- Share electronically certain content or link to certain content on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms and Conditions.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the provisions set out in these Terms and Conditions. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Kudo Surf Pty Ltd is based in the state of Queensland, Australia. We make no claims that the Website or any of its content is accessible or appropriate outside of the Australia. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the Australia, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer and Limitations of Liability
THE WEBSITE IS PROVIDED BY KUDO SURF PTY LTD ON AN "AS IS" AND "AS AVAILABLE" BASIS. KUDO SURF PTY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR GOODS INCLUDED ON THE WEBSITE EXCEPT AS OTHERWISE SPECIFIED IN OUR GUARANTEES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE SPECIFIED IN OUR GUARANTEES, KUDO SURF PTY LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND GOODS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PARTICULAR GOOD OR TO OUR GUARANTEES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE TERMS AND CONDITIONS.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR COMPLETELY SECURE, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR GOODS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS EXCEPT AS OTHERWISE SPECIFIED IN OUR GUARANTEES.
UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL KUDO SURF PTY LTD OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, LICENSORS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF KUDO SURF PTY LTD HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KUDO SURF PTY LTD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE VALUE OF PURCHASES OF GOODS YOU HAVE MADE ON THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Third Party Sites
You may be able to link from the Website to third party websites or from third party websites (“Third Party Sites”). Links to Third Party Sites do not constitute an endorsement by Kudo Surf Pty Ltd. You acknowledge and agree that we have no responsibility for the content, products, information, advertising, services, code, or other materials which may or may not be provided through or by Third Party Sites. Your use of Third Party Sites are entirely at your own risk and Kudo Surf Pty Ltd accepts no responsibility for the content, information, product, services, advertising, code, materials or your use of such Third Party sites.
Buying Goods on the Website
The following paragraphs of this Section (Buying Goods on the Website) contain terms and conditions relating solely to any sale or provision of Goods to you by Kudo Surf Pty Ltd.
The prices of all Goods are clearly marked in their description and are in US Dollars. All delivery charges are also displayed on the Website. Some customers may be asked to pay local duties on goods being shipped outside the United States. Despite our best efforts, a small number of items may be mispriced and if an item's correct price is higher than the stated price, we may, at our own discretion, either: (i) contact you for instructions before shipping; or (ii) cancel the order with notification.
Conclusion of Contract of Sale
By clicking the 'Send Order' or 'Submit' button at checkout you agree to these Terms and Conditions. By completing and submitting the electronic order form (or proceeding through the 'checkout process') you are making an offer to purchase Goods which, if accepted by us, will result in a binding contract. Neither your submitting an electronic order form nor completing the checkout process constitutes our acceptance of your order. We accept your order when we ship it.
Period of Offer
Prices of any Goods may be changed by Kudo Surf Pty Ltd at any time before our acceptance of your offer to purchase Goods and the conclusion of an agreement to sell those Goods (i.e., any time before shipment).
Payment is to be made by credit or debit card and all credit and debit card information will be encrypted for security.
Delivery of any Goods will be by courier or post depending on the size and nature of the Goods to be supplied. The Goods will normally be delivered within thirty (30) days of the placement of the order. If delivery is delayed beyond thirty (30) days, we will notify you that this is the case, and you will have an option to cancel your order if the delay is unacceptable. Most orders will ship in five (5) to ten (10) days if shipped to a US address. Descriptions of the Goods usually include an estimate of the delivery delay.
Should the Goods you order not be available, substitute Goods may be provided by Kudo Surf Pty Ltd, subject to your approval. If you should decide that any substitution of Goods is unacceptable, Kudo Surf Pty Ltd will pay for the cost of returning the Goods and will also provide you with a full refund.
You may cancel your order at any time before delivery, without affecting the continuance of this agreement between Kudo Surf Pty Ltd and you in relation to use of the Website. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be either in writing and sent to the address stated above or emailed to email@example.com prior to shipment. Once the Goods have been shipped, you may still return them to Kudo Surf Pty Ltd within sixty (60) days of delivery for a full refund, provided the Goods are in good condition http://www.wslstore.com/returns-refunds.html.
Kudo Surf Pty Ltd reserves the right to terminate or suspend your access to the Website and ability to purchase Goods at any time and without notice, for any reason, including without limitation, any violation of these Terms and Conditions. Kudo Surf Pty Ltd also reserves the right to bar anyone from using the Website.
User Comments, Feedback, and other Submissions
Kudo Surf Pty Ltd welcomes your feedback, suggestions, ideas and any other submissions disclosed, submitted or offered on or about the Website or in connection with the use of the Website (collectively "Comments"). All Comments must comply with the Content Standards set out in these Terms and Conditions. You represent and warrant that you own or control all rights in and to the Comments and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. Any Comments you post to the Website will be considered non-confidential and non-proprietary. By providing any Comments on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the worldwide, royalty-free, perpetual, irrevocable, and transferable right to use, copy, reproduce, modify, perform, display, distribute, publish, sell, creative derivative works and otherwise disclose to third parties any such Comments for any purpose without limitation or attribution. Kudo Surf Pty Ltd is and shall be under no obligation to: (i) maintain the Comments in confidence; (ii) pay you any compensation for any Comments; or (iii) respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.
You agree to defend, indemnify and hold harmless Kudo Surf Pty Ltd from and against any actions, claims, liabilities, judgments, awards, damages, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions, your unauthorized use of this Website or any Comments.
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Australia without giving effect to any choice or conflict of law provision or rule (whether of Australia or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the federal courts of Australia although we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your State and county of residence or your country of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Users who access the Website from outside the Australia do so at their own initiative and are responsible for compliance with any local laws.
Kudo Surf Pty Ltd may delay enforcing its rights under these Terms and Conditions without waiving them. If any provision of these Terms and Conditions is found to be unenforceable, this shall not affect the validity of any other provision. These Terms and Conditions (as varied from time to time) form the entire agreement between you and Kudo Surf Pty Ltd with respect to the Website and supersede all previous agreements, understandings and representations, both oral and written, with respect to the Website.
TERMS AND CONDITIONS – CUSTOMIZED PRODUCTS
As the backbone of our business, our designs are important to us. On the same note, we understand that any good you purchase from us is equally important to you. Upon approving the visual representation and production order for a customized product, you hereby approve that such representation meets your desired specifications and adhere to these terms and conditions.
Regardless of the circumstances in which you come to view the layout (colors, trim, prints, fit, logo details, etc.) in the product’s design, you are committing to purchase the customized goods in accordance with such approvals and order specifications you’ve placed with us. Please note, whilst we take all necessary precautions to ensure that the goods are produced to look like those shown online, these are only for the purpose of visual representation. Actual colors and location details on the goods produced may be subject to minor variations and modifications in the production process due to dye lots, materials sourced or other factors. By giving your approval, you consent to any such minor variations and modifications.
It is important that you carefully review your submission as we will not be responsible for making any changes in a design included in any submitted orders. Additionally, you acknowledge and agree that we will not accept any returns, refunds or exchanges on customized products unless the product is determined to be defective.
When submitting an order for a customized product, you represent and warrant that: (i) you are the lawful rightsholder of any content included in the design; (ii) your design will not be discriminatory, offensive or derogatory in any way (as determined in Kudo Surf’s sole discretion); and (iii) your design will not violate the rights of any third party. Further, you acknowledge that Kudo Surf reserves the right to deny customization of any product. You agree to indemnify Kudo Surf and Association of Surfing Professionals LLC d/b/a World Surf League with respect to your design and/or any breach of these terms and conditions.
You may contact Kudo Surf Pty Ltd about any problems, questions or comments regarding the Website at james(at)kudosurf.com
Thank you for visiting the Website.