Terms & Conditions

Club Shakas (www.clubshakas.com), Club Shakas related sites, apps, products, communications and services (hereinafter “Services”), are covered by the terms and conditions described below. By using our Services, you agree to abide by the terms and conditions (hereinafter “Terms of Use”).

​Club Shakas (hereinafter “We” or “Us”) advise you to carefully read the Terms of Use so you fully understand the rights and obligations you have in relation to your use of our Services.

​We reserve the right to change the Terms of Use at any time without advance notice. If you keep using the Services after the Terms of Use have been amended or supplemented, you unconditionally agree to the amended or supplemented Terms of Use. If you do not wish to accept the amendments or supplements, your only remedy is to cease using the Services.

​Unless otherwise specified, any new feature that enhances or augments one or more existing services, or any new service launched by the Club Shakas will be subject to the Terms of Use in effect for this site.

You are solely responsible for paying the costs associated with the use of our Services, such as Internet connection charges or fees charged for connecting to networks that provide access to Internet content. As well, you are responsible for acquiring any equipment needed for such connections.

Jurisdiction
Our Services will be governed by and construed in accordance with the laws of the state of Western Australia, Australia. All disputes, controversies, or claims arising out or in connection with the use of our Services shall be submitted to and be subject to the jurisdiction of the courts of the state of Western Australia, Australia. Thus, in the event of any and all disputes arising from the use of our Services or in connection with, the courts of the state of Western Australia, Australia will have exclusive jurisdiction.

Confidentiality and Privacy
In order to use some of our Services, you may be required to provide personal information. We are committed to protecting the privacy and confidentiality of your personal information while making use of our Services.

Please refer to our Privacy Policy for more details about our practices in this area.

Price and Payment Methods
All prices, unless specified otherwise, are in Australian dollars (AUD). Trip price does not include other costs such as domestic or international airfare. We strongly recommend you wait until the trip is confirmed before booking airfare or making any non-refundable travel arrangements. Please read carefully the description of the trip in order to know what is included in the price.

We are not responsible for any fees incurred due to currency exchange or fees charged by your credit card/bank for processing payment in either currency. Furthermore, we are not responsible for extra fees charged by a third party such as customs.

Third Party Payment Processor
We use third party payment processors (hereinafter “Payment Processor”) to process credit and debit card transactions. The processing of payments will be subject to the terms, conditions and privacy policies of the payment processor in addition to these Terms of Use. By using a payment processor, we do not record your debit or credit card details.

We don’t control and are not liable for the security or performance of the payment processor. You expressly understand and agree that We shall not be liable for any payment transactions that occur through your use of our Services. You expressly understand and agree that all payments transactions are handled by the payment processor. You agree that We shall not be liable for any issues regarding payment transactions between you and the Payment Processor.

You are responsible for all transactions processed through our Services and/or the payment processor. We are not liable for loss or damage from errant or invalid transactions processed with the payment processor. This includes transactions that were not processed due to a network communication error, or any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

We reserve the right to correct, or to instruct the payment processor to correct, any errors or mistakes even if payment has already been requested or received.

Booking, Deposit and Full Payment
A booking is accepted and becomes definite from the date We send a confirmation by email. Before a booking is confirmed, We reserve the right to increase or decrease trip prices. We also reserve the right to decline any booking at our discretion.

Confirmation of your booking does not necessarily mean that your trip is confirmed to run as We need a minimum number of participants. If the trip is canceled due to a lack of participants, We would refund the totality of your payment.

When booking a trip, you will be asked to provide a deposit to secure your spot via our payment processor. This deposit is not refundable. The balance of the payment is due 30 days prior to departure. If the balance payment is not received by the due date, We reserve the right to treat your booking as canceled.


Price Changes
We may change our prices at any time. When applicable, We will give you advance notice of these price changes via our Services. If you don’t agree with the price changes, you have the right to reject the change by not using our Services any more.


Trip Cancellation and Refund
Any trip cancellation must be made in writing by sending an email to hello@clubshakas.com.au.

All deposits are not refundable. Cancellations made less than 15 days before departure date are not refundable.

Notice of cancellation or modification:

  • Cancellation 20 to 30 days prior to arrival: 50% of the trip is not refundable

  • Cancellation 10 to 20 days prior to arrival: 75% of the trip is not refundable

  • Cancellation less than 10 days to departure results in a 0% refund

Travel Documents and Insurance
It is your sole responsibility to ensure that you have valid passports, visas or any other travel documents required for your trip. Your passport must be valid for a minimum of 6 months following the departure date. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of immigration and other government authorities will be your sole responsibility.

We are not responsible for any errors or omissions or changes as to the information provided by third parties such as the appropriate governmental authorities.

Travel insurance is required to participate to the trip. Also, it is your sole responsibility to make sure that surfing is an activity covered by your insurer. We strongly recommend you to extend your insurance coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or other travel inconvenience occurring during your travel.

Health
It is your sole responsibility to make sure you are in good health condition to participate in our trips. You shall make Us aware and notify Us of any medical conditions, pregnancy, disability or any other mental or physical condition which may affect your health or any medical condition. You must notify Us at the time of booking or after if your health or fitness changes between the time of booking and the trip departure.

We are not required to provide any special facilities unless We have agreed to do so in writing. However, We will do our best to meet special request including dietary, but such request do not form part of the Terms of Use and, therefore, We are not liable for not providing these requests. Medical facilities vary from country to country and We make no representations and give to warranties in relation to the standard of such treatment.

In addition, it is your sole responsibility to ensure that you are aware of any health requirements for your travel and to ensure that you carry all necessary vaccination documentation. You should consult your doctor regarding health requirements for your destination. 

Photography
By participating in one of our trips, you agree that photos and videos will be taken. These photos and videos may be used in any of our Services unless you specifically request not to use any material your image is depicted in. Otherwise, you grant Us a royalty-free, worldwide and irrevocable license to use such photos and/or videos for the promotion of our Services.

Online Boutique
We try to maintain accurate information regarding product availability, size, and pricing, however we cannot guarantee any such accuracy. In addition, the actual colors of the products displayed on our online boutique will depend on the settings of your monitor, and We cannot guarantee that your monitor’s display of any color will be completely accurate.

In the event of an incorrect price, due to typo error or error in product pricing or information, we reserve the right to cancel or refuse any orders whether or not the order has been confirmed or credit card charged. If the credit card has been charged, we will issue a credit to your credit card account.

Returns and Exchanges
All product sales are intended for retail/ “end user” customers only and are not intended for wholesale or redistribution by the purchaser.  The resale of any products purchased without the express prior written consent of Club Shakas is strictly prohibited.

If you are not satisfied with your online purchase, you may return your items for an exchange or a credit note. You have 7 days from the day you receive your order to request a return or exchange on an item. Returns or exchanges that are requested outside the initial 7 days will not be accepted and are considered a final sale.

To qualify for a return or an exchange all items must be unworn, unaltered, unwashed, and be returned in original condition.

All marked down items are a final sale and are not eligible for an exchange, refund or credit note. Also, note that we cannot refund any shipping charges. 

To return an item, please follow the following instructions:

  1. Please contact Us at helloclubshakas@gmail.com;

  2. Provide your name, the order number, reason, and items you would like to return;

  3. Pack product with suitable packaging materials. Ensure that return includes the merchandise in original, unused condition;

  4. Send your item to: 610/20 Gugeri Street, Claremont, 6010 

You shall pay for the shipping fees. However, if you ask for an exchange, the new shipping fees are on Us.

International Exchanges
All returned items must be declared as “Canadian goods returns” on the Custom declaration.

Returns will be processed as soon as possible and the time between the reception of your return and its final destination to you may vary, depending on where you live.

We are not liable for the your return shipping. If you are shipping an item over $75, We recommend you to consider using a trackable shipping service so you can track your item and make we received it.

Defective item
We take good care of looking at every item that we ship to our customers. If one of our items is defective please contact Us at helloclubshakas@gmail.com and follow the instructions above. If you want the same item and it’s out-of-stock, We will refund you by using the original method of payment.


Links to Other Sites
While using our Services, you may come across other website links. If you click on a link to a third party site, you will be taken to websites we do not control and We are not responsible for these party sites. Moreover, We are not responsible for their availability, nor can We assume any responsibility for the content, links, advertising, products, services or other materials made available by or through such external sites or sources.

Use of our Services
You are responsible to provide real, adequate and up-to-date information when using our Services. You are also responsible and liable for content you submit, which includes the opinions or reviews you write, the links you post or any other content. You shall not submit content that involves any illegal activities or activities that are contrary to morality or public order.

Some parts of our Services are made to interact and discuss, and expressing disagreement with another user shall be done respectfully. Consequently, insults, threats, harassment and use of coarse, obscene or vicious languages are forbidden and We reserve the right to withdraw or not post such content.

Intellectual Property Rights, Copyrights and Trademarks
The use of our Services, including but not limited to the use of our name, logos, domain names, designs, and other distinctive features, are protected by the laws applicable to intellectual property, copyright, trademarks and patents and by any other rights set forth in existing legislation. Nothing in this Terms of Use constitutes the transfer of the rights from Us to you. Any software used in connection with our Services may also contain information protected by existing intellectual property laws or other legislation.

Except as expressly authorised by Us, you shall adhere to the following rules. You may not:

  • Duplicate, copy, alter, modify, sell, distribute or reuse any portion of the code, visual design elements or content of Our Services;

  • Reproduce or decompile the Services or apply reverse engineering to it, unless permitted by mandatory law

  • Remove and/or circumvent security measures or technical limitations, including limitations to the use of the Services, or modify the Services in any way in order to gain unauthorised access to the Services or for other purposes not limited to this;

Any unauthorised activities could be subject to legal actions.

​By submitting, posting or displaying content on our Services, you grant Us a royalty-free, worldwide, non-exclusive, sublicensable and transferable right to reproduce this content and make it available on our Services, including the right to use this content (or part of it) for promotional purposes of our Services (known or later developed). Moreover, by submitting, posting or displaying content on our Services, you acknowledge, represent and warrant that you own all rights to your content or otherwise have all rights and permissions to legally use, share, display, transfer and license your content via our Services. If we use your content as agreed in this Terms of Use, you represent and warrant that such use will not infringe or violate the rights of any third party.

Changes to Our Services
We reserve the right to change, temporarily suspend or terminate our Services, in whole or in part, at any time and without advance notice of any kind. We will not be liable to you or to any third party for such suspension, modification or termination of the Services.

Termination
Without advance notice of any kind, we reserve the right to terminate your use of our Services at any time and for any reason stipulated explicitly or implicitly in these Terms of Use. We also reserve the right to remove or relocate any content made available as part of our Services.


Warranty
The Services are provided “as is” and “as available” and We make no warranties of any kind either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Services, and non-infringement.

Furthermore, We do not guarantee that Our Services shall lead to a successful travel experience or to the achievement of any skill levels and/or experiences related to a particular travel.

More specifically, We make no warranty or representation that the Services will:

  • be timely, secure, uninterrupted or error-free;

  • meet your requirements or expectations;

  • be accurate and reliable;

  • be free of any viruses or other harmful components;

  • be rectified if any defects in Our Services.

Any material downloaded or otherwise obtained through the use of Our Services is done at your own discretion and risk and you will be solely responsible for any damage sustained by your computer or any loss of data that may result when downloading such material.

In addition, no advice or information, whether oral or written, obtained by you from Us shall create any warranty.

Liability
To the fullest extent permitted by law, in no event, including, but not limited to, negligence, shall We be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages, including without limitation the loss of data or goods, sickness, injury, accident, quality of services or products, inability of using the Services, inconvenience, loss of enjoyment, disappointment, acts of God or force majeure, even if We have been advised about the possibility of such damages.

In addition, We shall not be liable and assume no risk from the actions or conduct of a third party in the course of using Our Services or from the loss or theft of a user’s computer or mobile devices.

Contacting us
If you have any questions regarding this Policy, if you would like access to the personal information about you held by us, if you have any complaints or other inquiries, you may contact us at helloclubshakas@gmail.com