Terms & Conditions

Updated on 11/20/2023

General conditions

By accessing and placing an order with FLSurfClub, you acknowledge that you agree to and are bound by the terms of service contained in the Terms & Conditions set forth below. These terms apply to the entire website and any email or other communication between you and FLSurfClub.

Under no circumstances shall FLSurfClub Team be liable for any direct, indirect, special, incidental or consequential damages, including but not limited to loss of data or profit, arising out of the use or inability to use the materials on this site, even if FLSurfClub Team or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

FLSurfClub will not be responsible for any outcome that may occur while using our resources. We reserve the right to change prices and revise the rules of using the resources at any time.

License

FLSurfClub grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Website strictly in accordance with the terms of this Agreement.

These Terms & Conditions are an agreement between you and FLSurfClub (referred to in these Terms and Conditions as “FLSurfClub”, “us”, “we” or “our”), the provider of the FLSurfClub website and the services available from the FLSurfClub website (collectively referred to in these Terms and Conditions as the “FLSurfClub Service”).

You agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the FLSurfClub service. In these Terms & Conditions, “you” refers to both you as an individual and the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to terminate your account or block access to your account without prior notice.

Definitions and key terms

To make things as clear as possible in these Terms & Conditions, whenever any of these terms are mentioned, they are strictly defined as:

  • Cookie: a small amount of data generated by a website and stored by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language settings or login information.

  • Company: when this policy refers to “Company”, “we”, “us” or “our”, it refers to FootLoose SurfClub, Jaškovo 43 47280 Ozalj which is responsible for your data under these Terms & Conditions.

  • Country: where the headquarters of FLSurfClub or the owner/founder of FLSurfClub is located, in this case Croatia.

  • Device: any internet-connected device such as a phone, tablet, computer or any other device that can be used to visit FLSurfClub and use the services.

  • Service: refers to the service provided by FLSurfClub as described in the relative terms (if available) and on this platform.

  • Third Party Service: refers to advertisers, contest sponsors, promotional and marketing partners and others who provide our content or whose products or services we think may be of interest to you.

  • Website: FLSurfClub website, which can be accessed via this URL: www.footloosesurfclub.com

  • You: the person or entity that has registered with FLSurfClub to use the Services.

Limitations

You agree that you will not and will not permit others to:

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Website or make the Platform available to any third party.

  • Modify, create derivative works from, disassemble, decipher, reverse compile or reverse engineer any part of the Website.

  • Remove, alter or obscure any proprietary notices (including any copyright or trademark notices) of FLSurfClub or its affiliates, partners, suppliers or licensors of the Website.

Return and Refund Policy

Thank you for shopping at FLSurfClub. We appreciate the fact that you love buying the things we build. We also want to make sure that you have a rewarding experience as you research, evaluate, and purchase our products.

As with any shopping experience, there are terms and conditions that apply to transactions on FLSurfClub. We will be as brief as our lawyers allow. The most important thing to remember is that by ordering or purchasing from FLSurfClub, you agree to the terms along with the FLSurfClub Privacy Policy.

If for any reason you are not completely satisfied with any goods or service we provide, please feel free to contact us and we will discuss any issues you are experiencing with our product.

Your suggestions

Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by you to FLSurfClub regarding the Website will remain the sole and exclusive property of FLSurfClub.

FLSurfClub will be free to use, copy, modify, publish or redistribute the Submissions for any purpose and in any manner without any credit or compensation to you.

Your consent

We have updated our Terms & Conditions to provide you with complete transparency about what is being collected when you visit our site and how it is being used. By using our website, registering for an account or making a purchase, you hereby agree to our Terms & Conditions.

Links to other websites

These Terms & Conditions apply only to the Services. The Services may contain links to other websites that are not operated or controlled by FLSurfClub. We are not responsible for the content, accuracy, or opinions expressed on such websites, and we do not investigate, monitor, or verify the accuracy or completeness of such websites. Please note that when you use a link to leave the Services to another website, our Terms & Conditions no longer apply. Your browsing and interaction on any other website, including those linked to on our platform, is subject to that website’s own policies and practices. Such third parties may use their own cookies or other methods to collect information about you.

Cookies

FLSurfClub uses “cookies” to recognize the areas of our website that you have visited. A cookie is a small piece of data that your web browser stores on your computer or mobile device. We use cookies to improve the performance and functionality of our website, but they are not essential for its use. However, without these cookies, certain features such as videos may become unavailable or you may have to enter your login details every time you visit the website because we would not be able to remember that you have previously logged in. Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access the features of our website properly or at all. We never put personal information in cookies.

Changes to our Terms & Conditions

You acknowledge and agree that FLSurfClub may cease (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally in its sole discretion, without prior notice. You may stop using the Service at any time. You do not have to specifically notify FLSurfClub when you stop using the Service. You acknowledge and agree that if FLSurfClub disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials located in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page and/or update the Terms & Conditions Change Date below.

Changes to our website

FLSurfClub reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website or any service to which it links, with or without notice and without liability to you.

Updates to our website

FLSurfClub may from time to time make improvements or enhancements to the features/functionality of the Website, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionality of the Website. You agree that FLSurfClub has no obligation to (i) provide any updates or (ii) continue to provide or enable any particular features and/or functionality of the Website to you.

You further agree that any updates (i) shall be considered an integral part of the Website and (ii) shall be subject to the terms and conditions of this Agreement.

Third Party Services

We may display, include or make available third party content (including data, information, applications and services of other products) or provide links to third party websites or services (“Third Party Services”).

You acknowledge and agree that FLSurfClub shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. FLSurfClub assumes no responsibility and shall have no liability to you or any other person or entity for any Third Party Services.

Third-party services and links to them are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to the terms and conditions of the third parties.

Duration and Termination

This Agreement remains in effect until terminated by you or FLSurfClub.

FLSurfClub may, in its sole discretion, at any time and for any reason or no reason, suspend or terminate this Agreement with or without notice.

This Agreement shall terminate immediately, without prior notice from FLSurfClub, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Website and all copies thereof from your computer.

Upon termination of this Agreement, you will stop using the Website and delete all copies of the Website from your computer.

Termination of this Agreement shall not limit any rights or remedies of FLSurfClub at law or in equity in the event that you (during the term of this Agreement) breach any of your obligations under this Agreement.

Copyright infringement notice

If you are a copyright owner or an agent of such owner and believe that any material on our website infringes your copyright, please contact us and provide the following information: (a) physical or electronic signature of the copyright owner or a person authorized to act on their behalf ; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number and email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owner; and (e) a statement that the information in the notice is accurate, and that you are authorized to act on behalf of the owner under penalty of perjury.

Compensation

You agree to indemnify and hold harmless FLSurfClub and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from and against any claim or demand, including reasonable attorneys' fees, due to or arising out of: (a) your use of the Website; (b) your violation of this Agreement or any law or regulation; or (c) your violation of any third-party right.

No guarantee

The Website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, FLSurfClub, on behalf of itself and its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, FLSurfClub makes no warranty or obligation, and makes no representation of any kind that the Website will meet your requirements, achieve any desired results, be compatible or work with any other software, systems or services, operate uninterrupted, meet any standards of performance or reliability or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither FLSurfClub nor any FLSurfClub provider makes any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Website or the information, content and materials or products included therein; (ii) that the Website will operate without interruption or errors; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Website; or (iv) that the Website, its servers, content or e-mails sent by or on behalf of FLSurfClub are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitations of applicable statutory consumer rights, so some or all of the above exclusions and limitations may not apply to you.

Limitation of liability

Notwithstanding any damages you may suffer, the entire liability of FLSurfClub and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Website.

To the maximum extent permitted by applicable law, in no event shall FLSurfClub or its suppliers be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for lost profits, loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way connected with the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Agreement), even if FLSurfClub or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Separability

If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified and construed to achieve the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices posted by FLSurfClub on the Services, shall constitute the entire agreement between you and FLSurfClub with respect to the Services. If any provision of this Agreement is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision, and the failure of FLSurfClub to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND FLSurfClub AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH PROCEEDINGS ARE PERMANENTLY BARRED.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall a waiver of a breach constitute a waiver of any subsequent breach.

In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

FLSurfClub reserves the right, in its sole discretion, to modify or replace this Agreement at any time. If the revision is material, we will provide notice at least 30 days prior to the new terms taking effect. We will determine what constitutes a material change in our sole discretion.

By continuing to access or use our website after any changes become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use FLSurfClub.

The whole deal

The Agreement constitutes the entire agreement between you and FLSurfClub relating to your use of the Website and supersedes all prior and contemporaneous written or oral agreements between you and FLSurfClub.

You may be subject to additional terms and conditions that apply when you use or purchase other FLSurfClub services, which FLSurfClub will provide to you at the time of such use or purchase.

Updates to our terms

We may change our service and policies, and we may need to make changes to these Terms so that they accurately reflect our service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they become effective. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not wish to agree to these or any updated Terms, you may delete your account.

Intellectual property

The Website and its entire content, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are the property of FLSurfClub, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Materials may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of FLSurfClub, except and except as expressly provided in these Terms & Conditions. Any unauthorized use of the Materials is prohibited.

Arbitration Agreement

This section applies to all disputes, EXCEPT FOR DISPUTES RELATING TO CLAIMS FOR INJURY OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR FLSurfClub’S INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action or other controversy between you and FLSurfClub relating to the Services or this Agreement, whether in contract, warranty, tort, statute, regulation, regulation or any other legal or equitable basis. “Dispute” shall have the broadest possible meaning permitted by law.

Notice of dispute

In the event of a Dispute, you or FLSurfClub must provide the other with a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party submitting it, the facts giving rise to the Dispute, and the relief sought. You must send the Notice of Dispute by email to: info@footloosesurfclub.com. FLSurfClub will send you any Notice of Dispute by mail to your address if we have one or to your email address otherwise. You and FLSurfClub will attempt to resolve any Dispute through informal negotiation within sixty (60) days of the date the Notice of Dispute is sent. After sixty (60) days, you or FLSurfClub may initiate arbitration.

Binding Arbitration

If you and FLSurfClub fail to resolve any dispute through informal negotiations, any other attempt to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You waive the right to litigate (or participate as a party or class member) in any dispute in court before a judge or jury. The dispute will be resolved by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Either party may seek any temporary or preliminary injunctive relief from any court of competent jurisdiction as necessary to protect the rights or property of the party pending the conclusion of the arbitration. All legal, accounting, and other costs, fees, and expenses incurred by the prevailing party will be borne by the non-prevailing party.

Submissions and privacy

In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or suggestions, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of FLSurfClub without any compensation or credit to you. FLSurfClub and its affiliates will have no obligation with respect to such submissions or postings and may use the ideas contained in such submissions or postings for any purpose in any media in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services utilizing such ideas.

Promotions

FLSurfClub may, from time to time, feature contests, promotions, sweepstakes or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may include certain eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all Promotion rules to determine whether or not you are eligible to participate. If you participate in any Promotion, you agree to abide by and comply with all Promotion rules.

Additional terms and conditions may apply to the purchase of goods or services on or through the Services, and the terms and conditions are made a part of this Agreement by this reference.

Typographical errors

In the event that a product and/or service is listed at an incorrect price or with incorrect information due to a typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We will have the right to refuse or cancel any such order regardless of whether the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately issue a credit to your credit card or other payment account in the amount of the charge.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of FLSurfClub. FLSurfClub shall be entitled to injunctive or other equitable relief (without obligation to provide a warranty) in the event of any breach or anticipated breach by you. The Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the FLSurfClub Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include the FLSurfClub Privacy Policy) contain the entire understanding of, and supersede, any prior agreements between you and FLSurfClub relating to the subject matter and may not be changed or modified by you. The section headings used in this Agreement are for convenience only and shall have no legal significance.

Waiver

FLSurfClub is not responsible for any content, code or any other inaccuracies.

FLSurfClub makes no guarantees.

In no event shall FLSurfClub be liable for any special, direct, indirect, consequential or incidental damages or any damages whatsoever, whether in contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to add, delete or modify the content on the Service at any time without prior notice.

The FLSurfClub Service and its content are provided “as is” and “as available” without any warranties or representations of any kind, express or implied. FLSurfClub is a distributor, not a publisher, of content provided by third parties; as such, FLSurfClub has no editorial control over such content and makes no warranties or representations as to the accuracy, reliability, or timeliness of any information, content, services, or goods provided through or available through the FLSurfClub Service. Without limiting the foregoing, FLSurfClub expressly disclaims all warranties and representations in any content transmitted on or in connection with the FLSurfClub Service or on websites that may appear as links to the FLSurfClub Service, or in products that are part of or otherwise in connection with the FLSurfClub Service, including without limitation all warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral advice or written information given by FLSurfClub or any of its affiliates, employees, officers, directors, agents or the like shall create a warranty. Pricing and availability information are subject to change without notice. Without limiting the foregoing, FLSurfClub does not warrant that the FLSurfClub service will be uninterrupted, uninterrupted, timely or error-free.

Contact us

Do not hesitate to contact us if you have any questions.