Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.

These Terms & Conditions cover important information about SurfGirl Premium, the Website, Programmes and the Subscription, and any applicable fees.

Your Subscription is governed by these Terms & Conditions.

License

1. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable License to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”).

2. This License shall continue until terminated in accordance with this Agreement.

Definitions

3. For the purpose of these terms and conditions, when referring to the ‘Website’ we are referring to SurfGirl Premium on www.surfgirlmag.com.

Website

4. These Terms and Conditions govern your right to use the Website and your access to and use of the Programmes, and/or any products or services acquired in relation to the Programmes and/or any links provided on the Website to other websites.

5. In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Programmes and the Community.

6. You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or Facebook Community, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.

7. You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and or make it available over a network where it could be used by multiple devices at the same time.

8. You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in UK.

9. You agree that in using the Website you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

10. You agree that we may, and reserve the right to, remove any comments made by you about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to SurfGirl Premium.

11. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

Your Agreement and Subscriptions

12. In accessing, registering or using the Website including any and all webpages, the Program and/or the Services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.

13. We offer three (3) and twelve (12) month Subscriptions. Payment for each Subscription is governed by these Terms and Conditions.

14. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

Eligibility

15. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your Subscription, if we believe that you may or will bring our reputation, those individuals who represent us in the marketplace, our other users, Community members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.

Website/App Membership

16. You agree to provide accurate and truthful details about yourself for the purposes of your Subscription and we reserve the right to suspend or terminate your Subscription if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

17. Any password or right given to you to obtain access is not transferable to any third party.

18. We reserve the right, at our sole discretion, to terminate your access if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

Renewal & Termination

19. Your Subscription will automatically renew for the same term of your initial Subscription unless you cancel your Subscription via your account on SurfGirl Premium. You can do this by navigating to ‘account’ in the Premium menu drop down on the SurfGirl website, navigate to subscriptions, then turn off auto renew.

20. Refunds will not be offered under any circumstances, all sales are final and there is no cooling off period. 

21. You may cancel your Subscription by following the steps in section 19. Please note a refund will not be issued upon cancellation under any circumstances. 

22. For subscriptions that include a free trial, it is your responsibility to disable auto renew the subcription before the free trial ends if you don’t wish to continue the membership and be charged at the end of the 7 day free trial period.

23. Emailing the team is not a sufficient means of cancelling membership.

24. SurfGirl take no responsibility for customers signing up to memberships in error. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event.

25. At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the Website and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you. Your information may be stored for up to 7 years from the date of purchase and/or Subscription at which point in time it will be deleted or destroyed.

26. We can terminate your Subscription at our sole discretion if we believe you have breached any of these Terms and Conditions and/or you have or are facilitating the unlawful activity of a third party in respect of the Website. We are at liberty to take any other action necessary to enforce these Terms and Conditions.

Payments

27. In purchasing any Product or Service from the Website (“the Purchase”) you agree to:
(a) pay using a valid credit or debit card (or other form of payment as we may allow);
(b) provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the website or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;
(c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”).

28. All costs are in GBP unless otherwise indicated.

29. You acknowledge and agree that prices will vary depending on the type of Subscription.

Risk and Limitation of Liability

30. You will receive access to the website upon payment from you.

31. We provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.

32. Where we provide access to the Website, and you claim that you have not received such access, then you must contact us via [email protected] within 7 days of the date by which you purchased the membership for us to investigate your claim.

33. To the extent we supply any ‘recreational services’ or ‘recreational activities’, you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.

34. You expressly acknowledge that your use of the Website/App and its products and/or services is at your sole risk.

Medical Disclaimer

35. We are not a medical organization and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the content and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website.

36. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers. Your use of the Website is at your sole risk.

37. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness programme and workouts should consult with an appropriate healthcare professional before beginning any workouts or fitness programmes.

38. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.

39. You should first consult an appropriately qualified healthcare professional before following any exercise programmes or fitness workouts, or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.

Limitation of Liability

40. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

41. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behavior, course of conduct or state of affairs:
(a) that is or may be harmful or disadvantageous to you or the community; or
(b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.

Our rights to modify services

42. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website and/or the Terms and Conditions, as we see fit.

42. We will give you notice of any changes, for instance by:
(a) publishing them on our website or
(b) writing to the address (post or email) you last gave us.
(c) The most up-to-date terms and conditions always apply.

43. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

General

44. Entire agreement
These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it.

45. Waiver
Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.

Information provided on Website

46. All information provided by us on the Website/App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.