Lesson Terms & Conditions
Shop Terms & Conditions
Privacy Policy
Website Terms & Conditions
Lesson Terms & Conditions
Rental & Lesson terms and conditions apply to any activity at the kiteboarding location that can be classified as an activity conducted by KBL Kiteboarding Lessons staff or contractors. This includes KBL Lessons with an Instructor, Workshops and Equipment Rental. Our staff is striving to make your experience with us the best it can be. The following will outline the rules of engagement with us when purchasing a lesson or renting our equipment.
Lessons
Prior Student experience.
We arrange our schedule, instructors and lesson plans according to your level. If the information you provide about your weight, height, prior experience or your level of kiteboarding does not match your true level your instructor will automatically adjust the content and equipment of your lesson according to your true level.
Lesson Commencement
Our lessons are planned back to back as only a few hours per day permit teaching. If the student arrives late at the spot we will not be able to extend the lesson time to make up for the loss.
Unexpected breaks and disturbances
KBL is responsible to ensure that students can practise in a safe learning environment. Sometimes the instructor will be required to stop the lesson for a short break to remove any dangerous kiters, swimmers or other obstacles for you to keep practising safely. The time taken for this is considered part of your lesson and can be, but is not obligated to, add at the end of the lesson.
Weather Conditions
Wind and weather are key to complete a lesson. However, if wind conditions change abruptly and your instructor cannot finish the lesson, you will be given a refund or credit for the time remaining. Your instructor can however decide to rearrange the lesson plan to adapt to current weather conditions. KBL Kiteboarding Lessons assumes that every student, if not communicated otherwise and advance, is interested in completing a complete training course. The guideline here is that 50% of your lesson must include practical use of the kite and up to 50% can be theoretical knowledge and safety measures.
Instructor-Student Relationship
This section will govern the relationship between the instructor and student.
Students are required to follow their instructor’s directions at all times. The instructor will make sure that all signals and commands are clear, and have been understood. If the student continues to demonstrate conscious ignorance of the previously agreed signals, the instructor will issue a first warning. If the student continues to ignore the commands issued by the instructor, the lesson will be concluded and the student will no longer be able to partake in the lesson.
Payments
A deposit can be made on the website or in person to confirm a booking. Returning customers may also be eligible to receive the booking fee waived. The head instructor may request a full payment of the booking fee before lesson commencement.
Requirements
Health and Fitness Requirements
Students are required to notify KBL Kiteboarding Lessons at the time of booking the course of any medical condition suffered by them that may be relevant to the activity to be undertaken on the course and which could be considered a risk to their own or others health and safety. All information given will be treated with strict confidentiality. A KBL instructor will assesses the information given on the form. The student will either be allowed to commence in the lesson, will receive a specially tailored lesson, or the lesson will be cancelled and a full refund will be granted. Any misinformation will void the partakers insurance cover for which KBL Kiteboarding Lessons will not be held accountable.
Age requirements
To commence in our standard beach and boat lessons the student must have a minimum age of 12 years. Special, or modified, lessons with specially trained instructors are available for younger children. In consultation with the head instructor, the age guidelines may be reduced after considering mental state and body weight.
Other requirements
You are required to sign the waiver form at the beginning of the lesson. If you do not sign the waiver form you may not proceed with taking part in the lesson.
You are required to adhere to the instructions provided to you by your instructor. If you fail to do so the instructor might determine the immediate end of the lesson.
Cancellation policies
Cancellation by KBL Kiteboarding Lessons
KBL Kiteboarding Lessons reserves the right to cancel or reschedule a lesson at any point up to 60 minutes before commencement due to any unforseen reasons. If a KBL Kiteboarding Lessons instructor shows up late and fails to show up without notice, the student is eligible to receive a full refund of the fees paid. Likewise if wind conditions do not allow the practice of kiteboarding to take place.
KBL Kiteboarding Lessons reserves the right to cancel a course or to request that a student withdraws from the course if the safety of others is in any doubt.
KBL Kiteboarding Lessons reserves the right to alter the course to suit conditions and the needs of the group, making every effort to deliver the booked activity.
Cancellation by Student
The student may cancel the lesson at any point for any reason. Upon cancellation, the following charges may apply. If the student does not show up their deposit or lesson fee will be kept. In special circumstances, the student can provide a doctors notes to be eligible to receive back the lesson/ sign up fee.
If you are late KBL Kiteboarding lessons will deduct this time from your lesson duration.The student is not able to determine a cancellation due to weather conditions, only the KBL Kiteboarding instructor is able to determine unfavourable weather conditions and will inform the student accordingly.
Rentals
By renting any equipment from KBL Kiteboarding lessons you agree to the following, reasonable terms and conditions for rental equipment.
Cost of rentals
The rental fee is determined under the product on the HIRE page. KBL Kiteboarding Lessons Pty Ltd. will also take a deposit of 150 dollar for possible damages. Deposit is refundable on return of undamaged equipment. Proof of ID and a credit card may be requested by staff members for rental.
Rental Process
The receiver of rental equipment will gain access to the equipment specified in the rental agreement, and may use this equipment for the purpose of conducting Kiteboarding activities. The receiver is asked to take reasonable precautions during the use and transport to protect the rental equipment from receiving any damage. Guidelines for how to treat rental equipment can be requested by one of or staff members.
In order to be eligible to be considered a receiver of rental equipment and sign the rental agreement the receiver must be 18 years of age . Kiteboarders from 14 years of age can also rent equipment if a parent or legal guardian signs the rental agreement in addition to the underage person. By signing the rental agreement you will also consent to the content of the student waiver form.
Termination of rental agreement
The rental agreement may be ended at any point of time for any 1 of the following 3 reasons.
1. Student determines the immediate end of rental agreement
The student can at any time discontinue the rental agreement after consulting the supervising instructor. The instructor will notify the student directly or after a consultation with the head instructor whether or not a refund is possible.
2. Instructor determines the immediate end of rental agreement
The instructor may, under certain circumstances, terminate the rental agreement. The reasons can include: student engages in dangerous behavior to themselves or other beach users; the student has provided misinformation about their IKO kiteboarding level; the student is physically and psychologically not able to continue kiteboarding; instructor believes weather conditions are not suitable to effectively continue practising. In all circumstances except the latter, a refund of the rental fee is not possible.
3. Weather conditions determine the immediate end of rental agreement
If weather conditions do not allow the student to safely continue kiteboarding in the chosen location the rental agreement may be terminated. The following criteria may be considered unsuitable weather conditions: windspeed below 10 knots; dangerous cloud cover; wind direction frequently changing. The premature termination of the rental agreement due to unsuitable weather conditions will be conducted by the instructor and not by the student.
Proper use of equipment
Insurance
The student is not required to purchase additional insurance as this is already included in the rental fee. However, in the following exceptions, the student will not be covered by the school insurance.
If the student: provides untrue information regarding his level of kiteboarding; engages in reckless behaviour, does not treat the equipment with the required care/ caution. Any of these behaviours will result in the annulment of the standard school insurance cover. In this case KBL will deduct an excess of $500 for every kite, and $100 for any other piece of equipment if an incident occurs. The rate may be lowered by the head instructor in certain circumstances.
Shop Terms & Conditions
Shop T&C’s
Introduction
These terms and conditions govern the use of our shop; by entering the shop, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the shop.
Prices
All prices on our website are in Australian dollars and include GST. Every effort has been made to ensure that prices on our website are correct and up-to-date however prices can change without notice. Kiteboarding Lessons Pty. Ltd has the right to refuse or cancel any orders placed if pricing is incorrect. If an order is canceled by us, all received amount will be refunded using the method received.
Shipping Times
Shipping times quoted by our freight companies are estimates only. Kiteboarding Lessons Pty. Ltd relies there on a third party. Kiteboarding Lessons Pty. Ltd can not be held accountable for late deliveries or loss or damage of deliveries. We cannot be held responsible for non-delivery in situations where the customer has entered incorrect or incomplete delivery address details.
Customs Duties/Taxes for Overseas Orders
Orders that are shipped to countries outside of Australia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. You should contact your local customs office for further information.
Liability
KBL Kiteboarding Lessons Pty Ltd holds no liability for damage or injuries sustained from products purchased from its shop. We highly recommend seeking professional help with instruction on how to use any equipment that you are not confident in using or have no prior experience with. Please go to our Lessons page, we are happy to assist you in making the most of your new equipment!
Warranty
Most products purchased on this website come with a full manufacturers warranty, with the exception of Second Hand equipment, this is sold as is unless otherwise stated. Manufactures warranties are dealt with by the manufacturer, we will always do our best to resolve any issues that may occur, but ultimately the decision on warranty for any defects lies with the manufacturer. If you have a warranty issue please contact us via the Website or email us and we are more than happy to help with the process.
Return Policy
If you are unhappy with your purchase, the goods can be returned (at buyers expense) within 14 days of receipt for an exchange, or a store credit. An exchange or store credit will be issued upon inspection of returned goods. All transport costs are non-refundable.
Returned goods must be unused and in new condition with all packaging. Exchanged and refunds are not eligible on any second-hand equipment or gift vouchers
If a product is priced incorrectly on the site KBL Lessons reserves the right to not supply this product. The buyer will be contacted with the correct price before completing the order.
Gift Vouchers issued on the website expire 12 months from purchase and must be downloaded within 30 days of receipt of the electronic voucher per email.
Shipping for sales over $200 is free. International shipping may be available, please contact us in this case and we will advise of costs. Please note any item shipped overseas may incur a tax on arrival in the destination country, KBL Lessons holds no responsibility for any costs incurred and it is the sole responsibility of the buyer to inform themselves prior to purchasing with us.
Please see our Privacy Statement with regards to using our website and any data we may hold.
Privacy Policy
Privacy Statement
A peace of mind
Our Policy for Protecting Your Online Privacy
This website uses Google Analytics to help analyse how users use the site. The tool uses “cookies,” which are text files placed on your computer, to collect standard Internet log information and visitor behaviour information in an anonymous form. The information generated by the cookie about your use of the website (including IP address) is transmitted to Google. This information is then used to evaluate visitors of the website and to compile statistical reports on website activity for kiteboardinglessons.com.au
We will never (and will not allow any third party to) use the statistical analytics tool to track or to collect any Personally Identifiable Information (PII) of visitors to our site. Google will not associate your IP address with any other data held by Google. Neither we nor Google will link, or seek to link, an IP address with the identity of a computer user. We will not associate any data gathered from this site with any Personally Identifiable Information from any source, unless you explicitly submit that information via a fill-in form on our website.
Legal – Privacy & Security
KBL Kiteboarding Lessons Pty Ltd respects your privacy. We do not sell, rent or loan any identifiable information regarding our customers to any third party. We may use and share aggregated information when it enables us to improve and enrich our product offering. Any information you give us is held with the utmost care and security.
How we Collect Information and How We Use It
In order to provide you with up-to-date news and information, KBL Lessons asks you for specific pieces of personal information when you register for our membership programs, or subscribe to our website. KBL Kiteboarding Lessons Pty Ltd will not collect any personal information about a member except when provided by a member.
Personal Information
Your name, address, telephone number, e-mail address, and any special requests help KBL Kiteboarding Lessons Pty Ltd present you with tailored information that you may find of interest.
KBL Lessons will not reveal your personal information to any third party unless required to do so by law.
Cookies
KBL Kiteboarding Lessons Pty Ltd uses the information gathered from cookies to improve our products and services. If you would rather not receive cookies you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
IP Address
KBL Kiteboarding Lessons Pty Ltd logs IP addresses for systems administration purposes. IP addresses are logged to track a user’s session and help us determine how often the areas of our site are visited. In many cases, we view and discard the information immediately. We do not link IP addresses to anything personally identifiable so we could never link an IP address to a specific customer.
Online Surveys and Contests
From time to time, KBL Kiteboarding Lessons Pty Ltd may conduct online surveys that ask you for demographic data, like household information, ages, and so on. Participation in these surveys is always voluntary. KBL Kiteboarding Lessons Pty Ltd aggregates the responses received before using the information to improve the product services offered. KBL Kiteboarding Lessons Pty Ltd may also offer promotions that ask for some personal information, such as name and e-mail address, so that they can contact winners. All of these promotions follow applicable gaming regulations. And the rules and terms of each contest are posted on the site and newspaper (if necessary).
Website Terms & Conditions
Website T’S & C’S
A Lively Learning Experience
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Personal Information
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to KBL Kiteboarding Lessons Pty Ltd use of cookies in accordance with the terms of KBL Kiteboarding Lessons Pty Ltd [privacy policy/cookies policy].
License to use website
Unless otherwise stated, KBL Kiteboarding Lessons Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose
edit or otherwise modify any material on the website
redistribute material from this website except for content specifically and expressly made available for redistribution
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without [NAME’S] express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without KBL Kiteboarding Lessons Pty Ltd express written consent.
Restricted access
Access to certain areas of this website is restricted. KBL Kiteboarding Lessons Pty Ltd reserves the right to restrict access to other areas of this website, or indeed this entire website, at KBL Kiteboarding Lessons Pty Ltd discretion.
If KBL Kiteboarding Lessons Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
KBL Kiteboarding Lessons Pty Ltd may disable your user ID and password in KBL Kiteboarding Lessons Pty Ltd sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to KBL Kiteboarding Lessons Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to KBL Kiteboarding Lessons Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or KBL Kiteboarding Lessons Pty Ltd or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.
KBL Kiteboarding Lessons Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on KBL Kiteboarding Lessons Pty Ltd servers, or hosted or published upon this website.
Notwithstanding KBL Kiteboarding Lessons Pty Ltd rights under these terms and conditions in relation to user content, KBL Kiteboarding Lessons Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. KBL Kiteboarding Lessons Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, KBL Kiteboarding Lessons Pty Ltd does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading by accident.
Nothing on this website constitutes or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.]
Limitations of liability
KBL Kiteboarding Lessons Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if KBL Kiteboarding Lessons Pty Ltd has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit KBL Kiteboarding Lessons Pty Ltd liability in respect of any:
death or personal injury caused by KBL Kiteboarding Lessons Pty Ltd negligence;
fraud or fraudulent misrepresentation on the part of KBL Kiteboarding Lessons Pty Ltd; or
matter which it would be illegal or unlawful for KBL Kiteboarding Lessons Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, KBL Kiteboarding Lessons Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KBL Kiteboarding Lessons Pty Ltd officers or employees in respect of any losses you suffer in connection with the website.]
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect KBL Kiteboarding Lessons Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as KBL Kiteboarding Lessons Pty Ltd.
Unenforceable provisions
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify KBL Kiteboarding Lessons Pty Ltd and undertake to keep KBL Kiteboarding Lessons Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by KBL Kiteboarding Lessons Pty Ltd to a third party in settlement of a claim or dispute on the advice of KBL Kiteboarding Lessons Pty Ltd legal advisers) incurred or suffered by KBL Kiteboarding Lessons Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to KBL Kiteboarding Lessons Pty Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, KBL Kiteboarding Lessons Pty Ltd may take such action as KBL Kiteboarding Lessons Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
KBL Kiteboarding Lessons Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
KBL Kiteboarding Lessons Pty Ltd may transfer, sub-contract or otherwise deal with KBL Kiteboarding Lessons Pty Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with the terms and conditions listed on this website constitute the entire agreement between you and KBL Kiteboarding Lessons Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the Australian Consumer Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of New South Wales.