Terms of Service
TERMS OF SERVICE
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
The United Arab of Emirates is our country of domicile. These Terms and Conditions shall be interpreted and governed by the laws in force in Dubai, United Arab Emirates. By using this site you hereby agree to submit to the jurisdiction of the courts of Dubai and to waive any objections based upon venue.
We accept payment by Visa or Mastercard debit and credit cards in AED for our products and services.
We will not trade with or provide any services to OFAC and sanctioned countries.
The Cardholder must retain a copy of transaction records and Merchant policies and rules.
Once the payment for your order is made a confirmation of payment notice will be sent to you via email within 24 hours of receipt of payment. Tidal operates a no-refund policy and a no cancellation policy. Purchases made are considered final.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, re-sellers or distributors, unless authorised in writing by Tidal.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy page.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Tidal, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Tidal and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Dubai, United Arab Emirates.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
When in doubt, or any questions related to the terms of service can be sent to firstname.lastname@example.org
SECTION 21 - PERFECT WAVE COLLABORATION
In addition to the terms and conditions contained within the Perfect Wave site (links below), if we are unable to meet the minimum number of people required to fill a charter, then you can 1) reschedule to the next trip or 2) receive a full refund of money paid to us (this does not include a refund for any other expenses you may have incurred).
To reserve a place on the charter, please contact us before booking flights/other activities to ensure your place is secured, to reconfirm leaving dates and to verify minimum numbers have been met.
SECTION 22 - PERFECT WAVE FREE SURFBOARD OFFER
That is right! If you book a select Maldives surf trip you will get a FREE custom surfboard in stock construction.
If you want to upgrade your boards specification no problems, we can provide a quote for all modifications - just ask.
- PU construction
- Standard glassing
- Futures fin plugs
- Thruster fin step up
- Up to 6'6ft in size
- Clear board
Please note: shipping is not included in the free surfboard offer and is at the cost of the customer.
- Group shipping: On a set date each month customer boards are shipped together to Dubai. The cost starts from AED 300 per board
- Direct shipping: You can have your board(s) shipped to you as soon as they have passed quality checks. The cost starts from AED 600 per board
All boards are air-freighted from our shaping bays in the USA, South Africa or Brazil and takes 48 hours. A shipping quote will be provided for each customer.
Tip: If you have a group of friends joining the Maldives surf charters we can ship all your boards together. So you and all your friends get a new board fresh for your surf trip for only the price of shipping WIN WIN!
Once you have paid in full for your surf charter you will collaborate with the team and shaper to dial in your custom board. Any enhancements to you specification will be paid upfront before you board goes into manufacturing.
Board manufacturing times will vary from 3 to 8 weeks and depends on your specification, time of year and how busy the factories our. We can provide an express service at an extra cost. Please request a quote
If your boat charter does not set sail because the 12 guest capacity was not met and you board is in manufacturing. If you do not want to join the next available trip and would like a refund you will pay 50% of the stock board RRP plus any upgrade costs.
e.g AED 1400 (board) + upgrades + shipping
Spray is the customisation of your board with a paint colour. This offer is applicable to one colour spray (not tint) per board. Spray design options are limited - ask one of the friendly Rusty team for guidance and/or suggestions.
Once a spray is applied, the board cannot be returned, thus sale is final (even if a standard dims board). Production time may be extended when a spray is applied. Shipping times and costs may not be impacted.
When in doubt, just contact us to chat.
====== PERFECT WAVE ========
Terms & Conditions by Perfect Wave
BOOKINGS - General Terms and Conditions
PRICING - Pricing Terms & Conditions
MALDIVES SURF CHARTERS - Maldives Terms & Conditions
====== SURFVIBE BALANCE BOARD ========
This product comes with a 1-year manufacturer warranty.
If required, you can contact them via email@example.com,
Using a Balance board can be a dangerous activity. a Balance board is used at your own risk and you should take the time to learn the proper use of all equipment and accessories. Never trust your life to any product on this website or other websites.
WARNING! a Balance board CAN BE A RISKY ACTIVITY, AND RESULT IN INJURIES OR EVEN DEATH.
Consider how you leave your balance board when unattended as that may provoke accidents to third-parties. Always use common sense and use additional objects such as blankets, flags, tape, music or lights to alert any person who may not be aware of the Balance board. Rusty Surfboards ME, Tidal, Surfvibe or any associated company/entity will NOT accept any responsibility for any accidents, death or damages.
PLEASE DON’T TRY ANY OF THE TRICKS OR STUNTS MENTIONED OR DEPICTED ON THIS WEBSITE, OR IN ANY VIDEOS OR PHOTOS, UNTIL YOU READ AND AGREE TO THE FOLLOWING WARNINGS AND DISCLAIMERS:
Some of the videos and photos presented on this site have been sent to us by fellow balanceboarders. All information presented or expressed in the photos or videos, including all shots, stunts, positions, opinions, etc. in the videos and photos, belong to the submittors alone, and do not necessarily reflect our views, opinions, or positions, the manufacturer or any affiliate, parent subsidiary, agent, employee or representative thereof.
TIDAL and/or SURFVIBE MAKE NO REPRESENTATIONS OR WARRANTIES FOR THE SAFETY, ACCURACY, COMPLETENESS OF INFORMATION AND PHOTOS. TIDAL and/or SURFVIBE EXPRESSLY DISCLAIMS ALL LOSSES, DEATH, INJURIES, PARALYSIS, AND/OR DAMAGES ARISING FROM THE DISPLAY, USE OR IMITATION OF THE VIDEOS AND PHOTOS. TIDAL and/or SURFVIBE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND AND EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF THE INFORMATION CONTAINED IN THE VIDEOS AND PHOTOS, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.
Do not attempt the tricks or any stunts and tricks displayed in the videos. Most of these stunt performers are skilled professionals or simply very lucky people. TRYING THESE TRICKS COULD LEAD TO SERIOUS INJURY, INCLUDING PARALYSIS, OR EVEN DEATH.
Legal limitations to this disclaimer
This disclaimer forms part of the Internet publication from which you were referred. Any incorrect statements, omissions or legal errors found in any terms or section of this disclaimer do not nullify the content or validity of the other sections of the document.