Flite Terms of Service 

Effective as of 1 June 2022

Welcome to the Flite community. Our services strive to engage and connect Fliteboard riders in the spirit of adventure, finding freedom and taking flite. We want you to know and understand your rights and our rights relating to the provision of our services. Here are a few things we’d like to make sure you know: 

         
        Please review our Terms and Conditions of Use below carefully. 

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        Terms and Conditions of Use 

        1. General  

        Welcome to the FliteApp.  You are reading these Terms and Conditions of Use (Terms) because you are using the Fliteboard FliteApp (the App), which is operated by Fliteboard Pty Ltd (ACN 621 061 569) and its group companies (Fliteboard or us).  To continue accessing or using the App, you agree to be bound to these Terms.  If you do not agree to these Terms, do not access or use the App.  

        From time to time we may update these Terms and/or provide you with supplemental terms via the App or by email.  Such supplemental terms will also form part of these Terms.

        Privacy Policy and personal data

        The App cannot be provided to you, and the services described in these Terms cannot be performed, without Fliteboard collecting, storing and processing data about you, including your personal data and location data.  The App is made available to you subject to you consenting to our collection and use of your personal information and other data.   

        When you use the App, we collect certain personal information about you, as well as information about your device, your interaction with the App, and other information necessary to facilitate your use of the App.   

        The information we collect through the App includes your name, email address, phone number, date of birth, country, gender, height, weight, your location and ride history, your device (including its version, specifications and operating system), your IP address, time zone and the technical details and configuration of your Fliteboard eFoil.  

        The App will collect the above information while open on your device and will collect location-specific information while it is open in the background of your device.  

        The App will not collect information regarding your activity in other apps on your device.    

        We will use your personal information to provide the App and its content to you.  We may also use your personal information for marketing purposes if you consent to such use.  From time to time, it may be necessary for us to share your personal information across our various platforms. 

        These requirements in relation to privacy are supplementary to Fliteboard’s Privacy Policy, which is incorporated by reference into these Terms, with all references to the Site or other Fliteboard platforms in the Privacy Policy to read as references to the App (in addition to the Site or other platforms).   

        In particular, your personal information will be treated in accordance with the Privacy Policy’s provisions relating to the sharing of your personal information, the use of your personal information, our lawful bases for using and retaining your personal information, and your rights under privacy and data laws.    

        2. Account information 

        You are only eligible to use the App if you are of legal age in your country/region, or you have consent from your parent or guardian.  The App may include features that promote physical activity and fitness.  By using the App, you agree, represent and warrant that you have received consent from your physician to participate in health and fitness programs, workouts, exercises or any other related activities made available through the App.  

        To use the App, you will be required to create an account, provide an email address, create a password and disclose other personal information such as your name.  In creating an account and registering your details, you agree to: 

        1. provide true, accurate, current and complete information about yourself (Rider Data);  
        2. to keep your registration personal – you must only register one account, and you should not register an account on behalf of someone else, or transfer your account;  
        3. to maintain and properly update your Rider Data; and 
        4. keep your account and Rider Data secure.  
          You are solely responsible for maintaining the confidentiality and security of the password associated with your account while using the App.  Fliteboard, to the maximum extent permitted by law, takes no responsibility for any loss or activity that results from unauthorised use of your account. You must inform Fliteboard immediately of any unauthorised use of your account.
        5. You may delete your account at any time. This will result in the permanent deletion of your account details including name, email address, and password, as well as the association with any Rider Data created. All Rider Data created, including your position on any leaderboards, will become anonymised and can’t later be linked with any other account.  

        3. User Content 

        Sharing and ownership of Content 

        Some features of the App contain interactive features that allow riders to post, submit, publish, display, upload, message, supply, transmit, or otherwise make available information to other riders or persons (Content). 

        Fliteboard is not responsible for Content other riders post to the App.  You own the Content you make available in connection with the App (whether publicly posted, privately transmitted, or submitted through a third party API).  When you post Content to the App, you grant Fliteboard a non-exclusive, perpetual, transferrable, sub-licensable, royalty-free, worldwide licence to use the Content, including any of the concepts or ideas contained in the Content, for any purpose, including commercial use without any compensation to you.  Fliteboard may, in its sole discretion, remove any Content at any time.   

        By sharing Content via the App, you warrant that you are solely responsible for the transmission, accuracy, completeness and publication of that Content, and that you will not infringe or violate the rights of any third party.  

        Fliteboard’s rights in relation to collecting your data and personal information are separately outlined above and in our Privacy Policy 

        Other riders 

        As a neutral facilitator, Fliteboard is not directly involved in interactions between riders using the App, and as a result, has no control over the accuracy, quality, legality or safety of posts made by riders. 

        Fliteboard has no responsibility to confirm the identity of riders, nor confirm or verify the qualifications, background or abilities of riders using the App.  

        Fliteboard Community Standards  

        Fliteboard is excited for you to contribute to our community.  In doing so, we expect you to honour and respect our community standards.  You may not share Content in connection with the App that: 

        1. is offensive, objectionable, supports or praises terrorism, war, organised crime or hate groups; 
        2. contains threats or hate speech, harasses or allows harassment of other riders;  
        3. attempts to disrupt, degrade, impair or violate the integrity of the App, or that exposes Fliteboard or any other riders to any type of harm;  
        4. infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity or rides of other individuals or riders; or 
        5. contains software viruses, programs or other computer code that may disrupt the provision of the App.   

        The App is a public place.  Do not post Content containing personal information, including (without limitation), telephone numbers, street addresses or email addresses.   

        Fliteboard has a right (but not an obligation) at our sole discretion, to review and remove any Content at any time for any reason, and reserves the right at our sole discretion to deactivate, or delete your account temporarily or permanently if you post any prohibited Content to the App.  

        4. Intellectual property 

        The App is owned and operated by Fliteboard and all Content, except for your Content and other rider Content (as discussed above), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features, patents, copyrighted or copyrightable material, trade marks, and other intellectual property (collectively Fliteboard Content) is owned by, or licensed to, Fliteboard.  

        Except as expressly permitted by applicable law or authorised by Fliteboard, you agree not to appropriate, licence, modify, rent, lease, loan, sell, distribute or create derivate works based on the App, the App’s software, or any Fliteboard Content offered as part of the App in whole or in part.  

        Fliteboard grants you a personal, revocable, non-transferable, non-sublicenseable and non-exclusive right and licence to access and use the App, provided you do not, and do not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any aspect of the App, except where permitted by law.  This right and licence is also conditional on your adherence to these Terms.  

        5. Partners and third parties  

        Fliteboard may from time to time within the App link to, refer to or partner with third-party websites, social media platforms, mobile applications or other products and services (Third Parties).  You may be able to connect with Third Parties through the App, but this does not mean that Fliteboard endorses, monitors or has any control over these Third Parties or their activities.  The App may contain links to third party websites and applications.  Fliteboard is not responsible for the privacy, security or handling of your personal information via those websites and applications and you should review the privacy policy and terms of use each time you visit them. 

        6. Disclaimer  

        Use of the App is at your own risk.  Everything on the App and the content is provided to you “as is” and “as available” without warranty or condition of any kind. 

        None of the affiliates, directors, officers, employees, agents, contributors and licensors of Fliteboard make any express or implied representation or warranty about the content or any products or content (including the products or content of Fliteboard) referred to on the App. 

        This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: 

        1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; 
        2. the presence of any viruses, malware or other harmful material on the App; 
        3. errors, inaccuracies or omissions in the listing of information (including information relating to availability and pricing) on the App; 
        4. the accuracy, suitability or currency of any information on the App, the content, or any of its content related products (including third party material and advertisements on the App); 
        5. costs incurred as a result of you using the App, the content or any of the products of Fliteboard; or 
        6. the content or operation of links which are provided for your convenience. 

        Use of a Fliteboard eFoil has certain inherent and significant risks of property damage, bodily injury or death and you acknowledge and voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction or negligence of Fliteboard or by the action, inaction or negligence of others.  

        You expressly agree that Fliteboard are not providing medical or health advice via the App.  All content provided through the App, including all text, photographs, images, illustrations, graphics, audio, video and other materials whether provided by Fliteboard or Third Parties should not be used in place of advice of your physician or other medical professionals, or information contained on or in any product packaging or labels, instructions, manuals or guides.  

        7. Indemnity  

        To the extent permitted by any applicable law, you indemnify and hold Fliteboard harmless on demand from and against any claim, damage, loss, charge, cost, expense, outgoing or payment which Fliteboard pays, suffers, incurs or is liable for in respect of your Content, or in connection with your breach of these Terms.  Your rights with respect to Fliteboard are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of the App, do not permit it.  

        8. Governing law 

        These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that state. 

        9. Contact   

        Providing a good customer experience is important to us. If you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@fliteboard.com or by mail using the details provided below:

        Fliteboard Pty Ltd 
        156 Jonson Street,  
        Byron Bay NSW  
        2481, Australia. 

        For customer support and technical enquiries, you can contact our customer experience team in your region using the numbers below: 

         
        Flite Customer Experience 

        APAC     +61 2 6694 3186         

        EU          +31 6 34 33 92 31     

        USA         +1 844 503 5483      

        If you are not satisfied with our response to any data protection issues, you have the right to lodge your complaint with the relevant data protection authority.