This website is operated by Surfography Company (ABN 7451734476), registered at the Australian Securities and Investments Commision’s (ASIC) in Australia under section 33(8) of the Buisness Registraton Act 2011. In the Maldives, the website is operated by Surfography (BN 09252019), a buisness name registered under Surf Events Comapny Private Limited and registered at the Ministry of Economic Development under Act No: 10/96, with Tax Identification Number (TIN) 1101999 and office at 76 Gaebler Road, Perth, WA 6164, Australia and H.Pernice, Henveiru, Hithahfinivaa magu, 20116, Malé City, Republic of Maldives.
Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or have any objection to any part of the present Terms, the User must not use the Website.
The Company may modify the Terms at any time and thus we recommend that the Terms are reviewed on a regular basis by the User. The date at the beginning of these Terms refers to the latest update of these Terms, which will be applicable from the date of publication.
Through the Website, the User can search visual content, like photos and images, video contents and recordings (including the corresponding audio) in any format, as well as specific information related to such content.
The Services may offer, in the result of that search, contents owned by (“Surfography Company® Own Content”), contents owned by third parties offered through the Website (“Collaborators Content”) as well as third-party content not offered free of charge (“Sponsored Content”). Sponsored Content is duly differentiated and identified on the search results. Surfography Company® Own Content and Collaborators Content shall be hereinafter referred to collectively as the “Surfography Company® Content” and can be downloaded through the Website.
The Service may also offer, in the result of a search completed by the User, content offered by third parties freely available through the Internet (“Third Party Content”).
The User is only authorized to use the Website and the Services in accordance with the Terms and in good faith. In particular and without limitation, Users (irrespective of whether they have purchased a content or not) undertake that any access or downloads of any content available in the Website or through the Services will always be the result of a genuine legitimate interest of the User and acknowledges that any method which artificially increases the number of downloads, accesses or clicks over such content is strictly prohibited under these Terms (including, without limitation, the generation of downloads, accesses or clicks over such content through any robots, spiders or any other mechanism, mobile application, program or tool) and will result in the cancellation of the User’s account by Surfography Company© and the obligation for the User to indemnify Surfography Company© for all damages suffered as a result of the User’s breach of this undertaking.
The User agrees not to use the Services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Website.
Surfography® Own Content
Surfography® Own Contents are offered under the conditions stated from time to time in the Website (including, without limitation, restrictions to the number of downloads per day) and its use is allowed in the terms set out or referred to in these Terms, as applicable.
Conditions for the Purchasing
The terms in this Section (“Purchasing Terms”) govern any purchase of any Photos, Images, Footage or Audio in the Website. When concluding the purchase procedure for any Purchase, it shall be deemed that the User has read and accepted, without exception, the Purchasing Terms. For the avoidance of doubt, the Purchasing Terms are additional to the Terms which will continue to apply to Users who have acquired a Purchase unless it is expressly provided otherwise in relation to specific provisions in the Purchasing Terms.
These Purchasing Terms are available to the User before the purchase of the Purchase and may be stored or reproduced on a durable medium.
The Purchasing Terms are available in English. In case the User is interested in purchasing any Photos, Images, Footage or Audio, it has to follow the instructions available in the Website from time to time.
The Purchases available are offered in the Website where the pertinent information, price and conditions are included (including, without limitation, restrictions to the number of downloads each day). Surfography Company® can modify the Purchases offered at any time, offering with new Services (to which, unless otherwise stated, these Purchasing Terms shall apply) or ceasing to offer any of the Services. The Purchases are personal, shall not be assigned to third parties and no third parties other than the User shall be allowed to use the Surfography Company® Content (including as third parties, for these purposes, affiliates or entities part of the same group of companies).
The price for the Purchase is stated in US Dollars in the Website and includes, if applicable, the relevant Value Added Tax. Surfography Company® is entitled to modify the price for any Purchases at any time. Surfography Company® shall apply the price stated in the Website at the time of the submission of the Purchase order by the User.
The User shall pay the Purchase in advance through Paypal, as stated in the Website. To purchase and pay the Photos, Images, Footage or Audio, the User shall follow the instructions stated in the Website. The processing of the payment information and data through Paypal is made within third-party sites. When ordering any Purchase, the User authorizes Surfography Company® to collect the corresponding price through the chosen payment method. The Purchase shall not be activated until Surfography Company® has received the payment or the payment has been authorized by the relevant financing entity. After that, the Photos, Images, Footage or Audio shall be in force for the term purchased by the User.
Once the User purchases the Photos, Images, Footage or Audio, the screen shall confirm the purchase. In addition, within the shortest time reasonably possible and not after twenty-four (24) hours since the acceptance of the order, an email shall be sent to the User with the receipt of the purchase. The receipt may be stored and printed. The User may request and download an invoice as stated within the Website twenty-four (24) hours after making the relevant payment.
After the purchase of the Photos, Images, Footage or Audio, the User may benefit from the following:
- Access all contents available in the Website.
- Use the Website without advertisement displaying.
- Not to be subject to the restrictions as to number of content downloads applicable to Surfography Company® Content from time to time, without prejudice to the application of certain restrictions to the number of downloads aimed at preventing a fraudulent or abusive use of the Website.
- As the content in the Website is digital content, no cancellation right shall apply, without prejudice to the guarantees stated in the consumers’ regulations that may be applicable.
Changes and Closure of the Website
Surfography Company® may, at any moment, and without incurring in any responsibility towards the User, modify the content of the Website or the Services, limit or modify the conditions or cease to provide some or all the Services and features available or deactivate and delete all or some of their corresponding information. However, Surfography Company® will comply with its obligations regarding the keeping of records in relation to certain transactions for the relevant period as provided by applicable law or refund the Users of Purchasing in force at that time with the proportional part of the price not accrued before the termination.
General and Contact Information
The use of the Website and the Services and the interpretation and application of these Terms shall be governed by Australian Law. Except for those cases in which the applicable law impose a specific jurisdiction, any dispute in connection with these Terms shall be resolved by the Courts of the Australia, and the parties expressly waive any other applicable jurisdiction.
If any provision in these Terms is declared to be invalid or unenforceable, it shall be substituted or deemed as not included. The remaining provisions in these Terms shall not be affected in any way.
You may contact Surfography Company® for any query or claim by emailing us to email@example.com