Website Terms of Use

This website (Site) is operated by BOS Oceansport Pty Ltd (ABN 18 611 394 337) (“we”, “us”, “our”). Your use of the Site is governed by the following terms and conditions (Terms). By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must immediately cease using the Site.

1. Acceptance of Terms

By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. You must not use the Site unless you are at least 18 years old or have the consent of a parent or guardian.

2. Amendments

We may amend these Terms at any time by publishing updated terms on the Site. Your continued use of the Site constitutes acceptance of the amended Terms. We recommend you review the Terms periodically.

3. Access and Use of the Site

You may access and use the Site for lawful purposes only. You must not:

• interfere with or disrupt the Site or its servers
• introduce viruses, malware, or harmful code
• attempt to gain unauthorised access to the Site or related systems
• use the Site for fraudulent, misleading, or unlawful purposes
• use the Site in a manner that infringes the rights of others
• copy, reproduce, modify, or distribute Site content without permission
• use the Site to compete with our business or extract data for commercial purposes

We may suspend or terminate access at any time without notice.

4. Information on the Site

While we endeavour to ensure the accuracy of information on the Site, we make no representations or warranties regarding:

• completeness, accuracy, or reliability of content
• availability or uninterrupted operation of the Site
• suitability of content for any purpose

All information is subject to change without notice.

5. Intellectual Property Rights

Unless otherwise indicated, we own or license all intellectual property rights in the Site, including:

• text, graphics, images, videos
• product designs and specifications
• logos, trademarks, and trade dress
• software, code, and databases

You must not reproduce, adapt, transmit, publish, or create derivative works without our prior written consent.

6. User-Generated Content

If you submit, upload, or post any content (User Content), you grant us a worldwide, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, publish, and communicate that content for any purpose, including marketing.

You warrant that:

• you own or have rights to the User Content
• the content is accurate and lawful
• the content does not infringe any third-party rights

We may remove User Content at any time without notice.

7. Reviews and Feedback

By purchasing through our Site, you consent to receiving review requests and feedback invitations, including via third-party platforms, in accordance with the Spam Act 2003 (Cth).

Any feedback you provide may be used for promotional purposes.

8. Third-Party Links

The Site may contain links to third-party websites. These links are provided for convenience only. We do not endorse, control, or approve the content of third-party sites and are not responsible for their policies, practices, or accuracy.

9. Security

We do not guarantee the security of the Site. You are responsible for implementing your own precautions, including antivirus and cybersecurity measures.

10. Disclaimer – Watercraft and Activity Risks

You acknowledge that paddling, surf ski use, and ocean activities involve inherent risks, including but not limited to:

• injury, drowning, collision
• unpredictable weather and water conditions
• equipment failure due to misuse or environmental factors

You agree to use BOS Oceansport products responsibly and in accordance with all safety guidelines. This clause does not limit your rights under the Australian Consumer Law.

11. Warranties and Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law (ACL).

To the maximum extent permitted by law, we exclude all warranties not expressly stated, including:

• fitness for purpose
• merchantability
• non-infringement
• uninterrupted or error-free operation of the Site

12. Limitation of Liability

To the fullest extent permitted by law, we exclude all liability for any loss, damage, cost, or expense arising from:

• your use or inability to use the Site
• reliance on Site content
• errors, omissions, or inaccuracies
• interruptions, delays, or security breaches
• loss of data or corruption of files
• third-party conduct or linked websites

Where liability cannot be excluded, it is limited to the maximum extent permitted by law.

13. Indemnity

You indemnify and hold us harmless from all claims, liabilities, damages, losses, and expenses (including legal costs) arising from:

• your breach of these Terms
• your misuse of the Site
• your infringement of third-party rights
• your negligent or unlawful conduct

This indemnity survives termination of these Terms.

14. Termination

We may terminate or suspend your access to the Site at any time without notice. Upon termination, all restrictions and disclaimers survive.

15. Privacy

Your use of the Site is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information.

16. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force.

17. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Site.

18. Jurisdiction and Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales, including any courts that may hear appeals.

We make no representation that the Site complies with laws outside Australia. If you access the Site from outside Australia, you do so at your own risk.

19. Contact Us

BOS Oceansport Pty Ltd ABN 18 611 394 337

Email: sales@bosoceansport.com

Location: Sydney, NSW, Australia