Privacy Policy

Undertoe-Surf.com — Website Disclaimer, Terms of Use, and Privacy Policy

Effective Date: 05-June-2025
Website: https://undertoe-surf.com
Company: Undertoe Surf and Watersport
Business Activities: Retail Sales of Electric Hydrofoil Boards (eFoils), Accessories & Related Content
Jurisdiction: Canada (Applicable internationally)

1. Acceptance of Terms

By accessing this website and/or purchasing any products or services, you agree to be legally bound by these Terms of Use, our Privacy Policy, and all applicable laws and regulations. If you do not agree, you must immediately discontinue use of this site.

2. Assumption of Risk & Waiver of Liability

a. Inherent Risks of eFoil Use

eFoiling involves inherent risks, including but not limited to:

Serious personal injury

Paralysis

Drowning

Permanent disability

Death

Property damage or loss

By purchasing an eFoil or related product through Undertoe Surf and Watersport, or by engaging with instructional material or promotional content, you acknowledge and voluntarily accept all such risks.

b. Waiver of Liability

To the fullest extent permitted by law, you release and discharge Undertoe Surf and Watersport, its officers, agents, employees, affiliates, partners, suppliers, and contractors from any and all claims, liabilities, losses, damages, or injuries (including death) arising directly or indirectly from the use or misuse of any product sold or content provided on this site.

You agree not to initiate or join in any legal claim or action against us for any reason related to your use of the products, services, or website.

3. Product Use Disclaimer

eFoils should only be used:

By capable, responsible adults (or under adult supervision)

In accordance with local watercraft laws and regulations

With appropriate safety equipment, including helmets and personal flotation devices

Unauthorized, improper, or negligent use may result in injury or death, for which the user assumes full responsibility.

4. No Professional Advice

All instructional content, blog posts, videos, and manuals are provided for informational purposes only. They do not constitute safety, legal, or operational advice. Users are solely responsible for seeking professional guidance where needed.

5. Privacy Policy

We are committed to protecting your personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s Anti-Spam Legislation (CASL), and the EU General Data Protection Regulation (GDPR).

a. What We Collect

Full name, email address, shipping and billing addresses, phone number

Payment information (handled securely by third-party providers)

Browsing behavior, IP address, device type, analytics data

b. How We Use Your Data

Process purchases and provide customer support

Comply with legal obligations (e.g., fraud prevention, tax reporting)

Improve site functionality and personalize your experience

Send promotional or informational emails (only with consent)

c. How We Protect Your Data

Encrypted data storage and secure third-party payment processors

Access limited to authorized personnel

Data is retained only for as long as necessary for its intended use

d. Your Rights

You may:

Request access to your data

Withdraw consent or request deletion

File a complaint with a relevant privacy authority

6. Cookies Policy

This site uses cookies to enhance the user experience, analyze traffic, and serve relevant content. By continuing to use the site, you consent to the use of cookies. You may disable cookies via your browser settings at any time.

7. Third-Party Services

Our site may include links to or integrations with third-party services (e.g., Shopify, Stripe, Google Analytics). We are not responsible for the privacy practices or content of those external websites or services.

8. Intellectual Property

All content, including trademarks, logos, product designs, images, text, and media, is the exclusive property of Undertoe Surf and Watersport or its content suppliers. Unauthorized use or reproduction is strictly prohibited and may result in legal action.

9. Limitation of Liability

Under no circumstances shall Undertoe Surf and Watersport be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Injury, death, or property loss

Business interruption or revenue loss

Website unavailability or data breach

Use of this website and any purchased products is entirely at your own risk.

10. Indemnity

You agree to indemnify, defend, and hold harmless Undertoe Surf and Watersport and its affiliates from any claims, actions, damages, losses, costs, or expenses (including legal fees) arising from:

Your use of the website or our products

Your breach of these Terms

Any negligent or unlawful conduct on your part

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. Any disputes arising from your use of this website shall be exclusively resolved in the provincial or federal courts located in Alberta.

12. Modifications to These Terms

We reserve the right to revise, update, or modify these terms and policies at any time without prior notice. Your continued use of the site constitutes agreement to the current version.

13. Contact

If you have questions or concerns regarding this disclaimer, please contact:

Undertoe Surf and Watersport
Email: kyle.wall@undertoe-surf.com
Phone: 780-573-3163
Head Office: Cold Lake AB, T9M 0E8