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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 does not have possession of anything listed, rented or sold through SecondSurf, (apart from any items which may be sold by the SecondSurf 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.
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.
SecondSurf is intended to be a free service for buying and selling watersports kit.
SecondSurf charges selected business partners a 5% sellers fee on completion of a successful transaction. This is agreed on an individual basis by prior written agreement (including email communication).
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.
25% of SecondSurf Ltd profits will go directly to supporting our selected ocean-protecting charities.
Usual PayPal transaction fees apply if this payment provider is used.
Please read the ‘How it Works’ page and contact us if you have any questions before agreeing to any transaction.
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
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 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.
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.
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.
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.
Use of personal details (purpose of register)
Personal details are collected to make communication and use of service possible. Details can be used for communication between service providers and users and also for direct communication between users. Some personal details are visible on the profile page of the user, but those details are voluntary (except name).
The handling of personal details is not outsourced, but the register data is stored on a server that is rented from a third party company.
Information content of the register
The following information may be stored in the register:
- Personal details: Name, email address, phone number, street address
- Account details: username, password (stored in encrypted format)
- The description text that the user may write about him/herself
- The offers and requests the user has posted to the service
- The given and received feedback and badges
- Statistical data about service usage, e.g. number times the user has logged in
Regular sources of information
Personal details are given by the user on registration to the service or when using it later.
Regular handovers of the information
Information considering users of a single SecondSurf community may be handed over to the client who has founded that community or to the community administrators appointed by that client.
Transfers of the information outside the EU and the European Economic Area
Information may be stored to a server that may be located inside or outside of the EU and the European Economic Area
Register protection principles
The information is stored on computers. The access to the information is restricted with passwords and physical access to the computers is restricted by the server hosting company.
service: Sharetribe Ltd
Name of the register
User register of the SecondSurf | Buy. Sell. Support our Oceans. service