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SecondSurf terms of use

1. Introduction

This User Agreement sets out the terms on which SecondSurf (Second Surf Ltd) offers you access to and use of our Site and Services. You agree to comply with all that is outlined below when accessing or using our Site and Services. You are entering into a contract with Second Surf Ltd.

2. About SecondSurf

SecondSurf is an online marketplace built using the Sharetribe platform (Sharetribe Terms of use can be found bellow) that allows users (individuals and businesses) to list, rent out, sell and buy used, second-hand or old-season watersports equipment.  

SecondSurf does not have possession of anything listed, rented or sold through SecondSurf, (apart from any items which may be sold by the Second Surf account - username ‘secondsurf’) and is not involved in the actual transaction between buyers and sellers. 

The contract for the sale or rental is directly between buyer and seller.

SecondSurf attempts to review all listings for suitability but this may not have happened before a sale is agreed. 

While we may help facilitate the resolution of disputes, SecondSurf has no control over, and does not guarantee the existence, quality, safety or legality of, items advertised; the accuracy of users' content, the ability of sellers to sell  or rent items; the ability of buyers or renters to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Sellers must have a valid PayPal payment method on file with SecondSurf.

3. Using SecondSurf

In connection with using or accessing the SecondSurf Site or Services you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;

• breach or circumvent any laws

• sell or rent out any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties

• use our site and services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;

• fail to pay for items purchased by you, or rented out by you, unless you have a valid reason, e.g the seller has materially changed the item's description after you bid, or you cannot contact the seller

• fail to deliver items sold by you, unless you have a valid reason, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;

• manipulate the price of any item or interfere with any other user's listings;

• post false, inaccurate, misleading, defamatory, or libellous content;

• use the contact information of other users for any purpose other than in relation to a specific transaction on the SecondSurf site 

• distribute viruses or any other technologies that may harm SecondSurf, or the interests or property of our users;

• use any robot, spider, scraper or other automated means to access our Services for any purpose;

• infringe the copyright, trademark, patent, moral, database or other intellectual property rights that belong to or are licensed to SecondSurf. 

• harvest or otherwise collect information about users, such as email addresses, without their consent

• use SecondSurf to advertise or link to items or services listed for sale elsewhere, unless otherwise agreed

If you are registering with SecondSurf as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on SecondSurf, you must comply with all applicable laws relating to online trading.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time.

Additionally, we reserve the right to vary or terminate all or part of our services and/or not provide all or part of our services to anyone for any reason and/or period of time, at our discretion.

4. Abusing SecondSurf

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our services if:

• we think that you are creating problems or possible legal liabilities for us or our users

• we think that such restrictions will improve the security of the Second Surf community 

• we think that you are infringing the rights of third parties;

• we think that you are acting inconsistently with the spirit of Second Surf’s values

When a buyer or seller issue arises we may consider the user's performance history. 

5. Fees

Seller fees are clearly outlined on our ‘How it Works Page’ -  including the 5% SecondSurf sellers fee on completion of a successful transaction. This applies to both sales and rental transactions. At least 25% of all SecondSurf profits will be donated to clean ocean charities. We may change our fees, or introduce new fees from time to time. If this is the case, we will post the changes on the SecondSurf site and via email 30 days in advance. 

If you are a seller, you are liable for transaction fees arising out of all sales made using Second Surf. Please read the How it Works page and contact us if you have any questions before agreeing to any transaction.

You are required to have an appropriate PayPal account set-up when selling on SecondSurf. Please follow the 2 simple steps outlined on secondsurf.co.uk to set this up for the first time. If you have any questions about this, please get in touch. 

6. Listing Conditions

When listing an item, you agree to comply with the following:

• you are responsible for the accuracy, content and legality of the item listed

• your listing may not be immediately searchable by keyword or category 

• content that violates any of SecondSurf’s values may be modified or deleted at Second Surf’s discretion

• we may revise data associated with listings to supplement, remove, or correct information
  
  
  

7. Purchase Conditions

When buying an item, you agree to comply with the following:

• you are responsible for reading the full item listing before making a bid or commitment to buy;

• you enter into a legally binding contract to purchase an item when you commit to buy an item 
  
  
  

8. International buying, selling and translation

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items. 

9. Data protection and Privacy

• You and SecondSurf shall process personal data received under and/or in connection with this User Agreement. You shall be individually and separately responsible for complying with the obligations that apply to you as a personal data controller under applicable data protection laws.

• You shall comply with your obligations under applicable data protection laws (including but not limited to Regulation (EU) 2016/679 (EU General Data Protection Regulation “GDPR”) and supplementing EU and local data protection laws. 

• You shall process personal data received from SecondSurf exclusively for the purpose(s) you received the personal data 

• You shall erase the personal data immediately after the respective purpose(s) has/have been fulfilled. 

• Any further processing of the personal data is not permitted

• Failure to abide by the aforementioned obligations may result in account suspension.

• Our full privacy can be found here

10. Liability

We try to keep SecondSurf safe, secure, and functioning properly but cannot guarantee this at all times. We shall not be liable to you for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us.

By listing, buying and selling and renting on SecondSurf you accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

11. Rental specifics 

Watersports can pose inherent risks and dangers such as the possibility of damage to equipment, as well as injury to to self and others and even death. By signing this agreement, users accept that SecondSurf hold no responsibility for any damage or injury sustained of any nature and extent in any circumstance. 

Users agree to use their best judgement in undertaking the specific activity. SecondSurf hold no responsibility for any loss or damage to the rented equipment or accessories in any circumstance. 

Companies and individuals renting out equipment and accessories should strongly consider developing their own terms and conditions before agreement and rental of equipment. 

Sharetribe Terms of Use

SecondSurf is a web service built on the Sharetribe platform. The general terms of Sharetribe below apply also to the use of SecondSurf | Buy. Sell. Support our Oceans.

Sharetribe is a social media service that allows its users to change favors and items and communicate with each other. The Sharetribe-service may only be used in accordance with these terms of use. The service provider reserves the right to change these terms of use if required. Valid terms of use can be found from Sharetribe’s website.

Rights of Content

The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.

Disclaimer

No guarantees of the functioning of the Sharetribe service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.

The Removal of a User

The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.

Applicable Jurisdiction

The jurisdiction that is applicable in this service and these terms of use is that of Finland, unless something else is required by binding law.