STANDARD TERMS AND CONDITIONS FOR SUPPLY OF SERVICE

1. INTERPRETATION

   In this document the following words shall have the following meanings:

   1. "Customer" means any person who purchases Services from the Supplier;
   2. "Supplier" means APEX WATERSPORTS Co. a wholly owned subsidiary of APKEL PTY LIMITED;
   3. "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.

2. GENERAL

   1. These Terms and Conditions shall apply to all contracts for the supply of Services by the Supplier to the Customer and shall take precedence over any other documentation or communication from the Customer.
   2. Any variation to these Terms and Conditions shall only be effective if agreed upon in writing by the Supplier.

3. PAYMENT AND CANCELLATION

   1. To secure a booking and schedule sessions, full payment for the selected service must be made in advance.
   2. In case of cancellation, the following fees will apply:
      1. Cancellations made within 48 hours before the scheduled service time will incur a 10% administrative fee.
      2. Cancellations made within 12 hours of the scheduled service time will be subject to a 50% cancellation fee.
      3. After scheduled service time (no show) will result in a 100% cancellation fee.
   3. Customers may choose to pay via electronic funds transfer (EFT) or card payment.
   4. All electronic fund transfers must be made net of any applicable bank charges.
   5. Card payments will incur an additional 2% processing fee.

4. CUSTOMER'S OBLIGATIONS

   To enable the Supplier to fulfill its obligations, the Customer shall:

   1. Co-operate with the Supplier.
   2. Provide the Supplier with any information reasonably requested.
   3. Keep the supplier informed of their correct name, phone number and e-mail address.
   4. Comply with any other requirements agreed upon by both parties.
   5. Adhere to all relevant statutory requirements – particularly those related to medical conditions.

5. SUPPLIER'S OBLIGATIONS

   1. The Supplier shall perform the Services with reasonable skill, care, and to a standard in accordance with recognised standards and codes of practice.
   2. The Supplier accepts full responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied are free from defects at the commencement of the service.
   3. The delivery date and time of the service will be agreed upon mutually by both parties.

6. LIMITATION OF LIABILITY

   1. Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury. However, the Supplier’s liability for any direct loss or damage suffered by the Customer, howsoever caused (including negligence or breach of contract), shall not exceed the total price of the Services.
   2. Under no circumstances shall the Supplier be liable to the Customer or any third party for any indirect or consequential loss, loss of profit, or other economic loss, howsoever caused (including negligence, breach of contract, misrepresentation, or otherwise).

7. FORCE MAJEURE

   Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure is due to events or circumstances beyond its reasonable control, including but not limited to acts of God, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery or shortages or unavailability of raw materials from a natural source of supply. The affected party shall be entitled to a reasonable extension of time to fulfill its obligations.

8. SEVERANCE

   If any term or provision of these Terms and Conditions is deemed invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provision shall be severed, and the remaining provisions shall continue in full force and effect as if these Terms and Conditions had been agreed upon without the invalid, illegal, or unenforceable provision.

9. GOVERNING LAW

   These Terms and Conditions shall be governed by and construed in accordance with the law of Australia, and the parties hereby submit to the exclusive jurisdiction of the Australian courts.