Welcome to MYSURFMATE, a peer-to-peer marketplace and online service provided by MYSURFMATE.
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that MYSURFMATE is not a party to any agreements entered into between users, providers, renters and owners, nor is MYSURFMATE an agent or insurer. MYSURFMATE has no control over the conduct of users, providers, renters, owners or other users of the service and disclaims all liability in this regard. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
MYSURFMATE Limited (referred to as “MSM”, “Company”, “we”, “us”, or “our”) establishes and maintains an online platform that provides individuals (“users”) with the information on individuals and legal entities (“Providers”) who provide surfing, supervision, teaching, equipment rental and repair, and other related services (“Services”) and facilitates booking of such Services (collectively referred as the “Services”), which Services are accessible at www.mysurfmate.com accommodation, photography and any other websites through which Company makes the services available (the “Site”) and as applications for mobile devices (the “Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and constitute a binding legal agreement between you and MYSURFMATE.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site or Services. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
Modification of these Terms
MYSURFMATE reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the MYSURFMATE Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the MYSURFMATE Platform will constitute acceptance of the revised Terms.
“Booking Request Period” means the time period starting from the time when a booking is requested by a User (as determined by MYSURFMATE in its sole discretion), within which a Provider may decide whether to confirm or reject that booking request, as stated on the Site or Services. Different Booking Request Periods may apply in different places.
“Collective Content” means Member Content and MYSURFMATE Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“User” means a Member who requests from a Provider a booking of Services via the Site, Application or Services, or a Member who uses the Services and is not the Provider for such Services.
“Provider” means a Member who creates a Listing via the Site, Application and Services.
“Listing” means one or more Services that is listed by a Provider as available for booking via the Site, Application and Services.
“Member” means a person who completes MYSURFMATE’s account registration process, including but not limited to Users and Providers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site and/or Application.
“MYSURFMATE Content” means all Content that MYSURFMATE makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that Providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
The Site and Services comprise an online platform through which Providers may create listings and Users may book Services directly with Providers. You understand and agree that MYSURFMATE is not a party to any agreements entered into between Providers and Users, nor is MYSURFMATE a Broker, Agent or Insurer. MYSURFMATE has no control over the conduct of Providers, Users and Other users of the Site and Services.
MYSURFMATE does not provide any warranty or other representation regarding the suitability or quality of any of the providers and users book services subject to their own assessment of such suitability and quality and hence at their own risk. MYSURFMATE disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to use the service and/or participate in a rental, you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from MYSURFMATE or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, MYSURFMATE, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any rental will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
This Service is intended solely for people eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. MYSURFMATE reserves the right to limit or restrict access by any person, in our sole discretion. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
MYSURFMATE reserves the right, at its sole discretion, to modify the Site or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or Services.
How the Site and Services Work
The Site can be used to facilitate the listing and booking of Services. Such Services and Providers are included in Listings on the Site. You may view Listings as an unregistered visitor to the Site. However, if you wish to book Services or create a Listing, you must first register to create a MYSURFMATE Account (defined below).
As stated above, MYSURFMATE makes available an online platform with related technology for Providers and Users to meet online and arrange for bookings of Services directly with each other. MYSURFMATE is not a Services provider, owner or operator of Service related facilities and equipment, or transportation or travel services. Unless explicitly specified otherwise in the MYSURFMATE platform, MYSURFMATE responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as a portal to facilitate collection of payment from each User on behalf of each Provider, subject to receipt of a payment from the Provider for the provision of such portal and services.
As stated above, the site and services are intended to be used to facilitate Providers and Users connecting and booking Services directly with each other. MYSURFMATE is not responsible for and disclaims any and all liability related to any and all listings and services. Therefore, any bookings will be made or accepted at the User’s and Provider’s own risk.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, non-commercial use only. MYSURFMATE may terminate this license at any time for any reason or no reason.
In order to access certain features of the Site and to book a Service or create a Listing, you must register to create an account (“MYSURFMATE Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.
You must register an account (“MYSURFMATE Account”) to access and use certain features of the MYSURFMATE Platform, such as publishing or booking a Listing. If you are registering a MYSURFMATE Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
You can register a MYSURFMATE Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account”). You have the ability to disable the connection between your MYSURFMATE Account and your SNS Account at any time, by accessing the “Settings” section of the MYSURFMATE Platform.
You must provide accurate, current and complete information during the registration process and keep your MYSURFMATE Account and public MYSURFMATE Account profile page information up-to-date at all times.
You may not register more than one (1) MYSURFMATE Account unless MYSURFMATE authorizes you to do so. You may not assign or otherwise transfer your MYSURFMATE Account to another party.
You are responsible for maintaining the confidentiality and security of your MYSURFMATE Account credentials and may not disclose your credentials to any third party. You must immediately notify MYSURFMATE if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your MYSURFMATE Account. You are liable for any and all services conducted through your MYSURFMATE Account, unless such services are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Services to be listed, including, but not limited to, the location, type, available equipment, certificate and qualifications of the Provider and pricing and related rules and financial terms. Listings will be made publicly available via the Site, Application and Services. Other Members will be able to book your Services via the Site and Services based upon the information provided in your Listing. You understand and agree that once a User requests a booking of your Services, you may not request the User to pay a higher price than in the booking request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or a User’s use of Services in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as your employer, customers, or similar party and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Services included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that MYSURFMATE assumes no responsibility for an User’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. MYSURFMATE reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that MYSURFMATE , in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or MYSURFMATE ’s then-current Policies, or otherwise harmful to the Site or Services.
If you are a Provider, you understand and agree that MYSURFMATE does not act as an insurer or as your contracting agent. If a User requests a booking of your Services and uses them, any agreement you enter into with such User is between you and the User and MYSURFMATE is not a party to it. Notwithstanding the foregoing, MYSURFMATE either serves or uses an appointed third party as the limited authorized payment collection agent of the Provider for the purpose of accepting, on behalf of the Provider, payments from Users of such amounts stipulated by the Provider (including applicable fees and/or Taxes).
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a booking of your Services, such as requiring Members to have a profile name, surname, picture or verified e-mail or phone number, in order to book your Services. Any Member wishing to book Services included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Provider” section of the Site, Application and Services.
If you are a Provider, MYSURFMATE makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for booking for your Services. You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who provides or are otherwise present at the time of provision of Services at your request.
MYSURFMATE requires that Providers to obtain appropriate insurance for their Services and provides written confirmation to MYSURFMATE that such insurance remains in force. Please review any insurance policy that you may have for your Services carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users. MYSURFMATE does not assess the suitability of Users for services that they may wish to participate in. It is the responsibility of Providers to assess the suitability of Users for any such services and MYSURFMATE shall have no responsibility to any Providers in respect of any claim that may be made by Users or third parties against Providers in respect of any matter arising out of the relationship between Users and Providers. Providers agree to indemnify and keep indemnified MYSURFMATE against any liability of any nature that MYSURFMATE may incur from any action brought by Users or third parties arising out of the relationship between Users and Providers.
You agree to defend, indemnify and hold harmless MYSURFMATE and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service or Products; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the Australia or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
Limitation of Liability:
Except as expressly provided in the insurance provision, to the maximum extent permitted by applicable law, in no event shall MYSURFMATE , its affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any rental.
To the maximum extent permitted by applicable law, MYSURFMATE assumes no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service or products; (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the service; (V) Any bugs, viruses, or the like that may be transmitted to or through our service by any third party; (IV) Any errors or omissions in any content or for any loss or damage incurred as a result of the us of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) User content or the defamatory, offensive, or illegal conduct of any third party. In no event shall MYSURFMATE, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of either (a) The amounts paid by MYSURFMATE to you in the twelve (12) month period prior to the event giving rise to the liability; or (b) One hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between MYSURFMATE and you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MYSURFMATE has been advised of the possibility of such damage. The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
MYSURFMATE does not endorse any Member or any Services. Members are required by these Terms to provide accurate information, and although MYSURFMATE may undertake additional checks and processes designed to help verify or check the identities, ages or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity, age or background.
Any references in the Siteor Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by MYSURFMATE about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Provider or to accept a booking request from an MYSURFMATE, or to have any other interaction with any other Member.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from MYSURFMATE with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Provider against MYSURFMATE regarding the remittance of payments received from a User by MYSURFMATE on behalf of a Provider, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MYSURFMATE without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
You agree that: (i) the Service shall be deemed solely based in New York; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over MYSURFMATE, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of Australia. You agree to submit to the personal jurisdiction of a state court located in Australia for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that MYSURFMATE has not been able to resolve a dispute with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any MYSURFMATE claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in the state of New South Wales. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing MYSURFMATE from seeking injunctive or other equitable relief from the courts as necessary to protect any of MYSURFMATE ’s proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and MYSURFMATE are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by MYSURFMATE via the Service, shall constitute the entire agreement between you and MYSURFMATE concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Bookings and Financial Terms
“Service Fees” means the amounts that are due and payable by a User in exchange for that User’s receipt of Services. The Provider alone, and not MYSURFMATE, is responsible for the Services Fees for his or her Listing. The Provider may in his or her sole discretion decide to include in these amounts (i) a service fee or any other fee permitted on the MYSURFMATE platform, or (ii) Taxes that the Provider determines that he or she has to collect.
“User Fees” means the fee that MYSURFMATE charges a User for the use of the Services, which is calculated as a percentage of the applicable Services Fees. The User Fees will be displayed to the User when the User is asked whether to send a booking request to a Provider.
“Provider Fees” means the fee that MYSURFMATE charges a Provider for the use of the Services, which is calculated as a percentage of the applicable Services Fees. The Provider Fees will be displayed to the Provider when the Provider is asked whether to confirm or reject a booking request from a prospective User.
“Service Fees” means collectively the User Fees and the Provider Fees.
“Total Fees” means collectively the Services Fees and the User Fees plus any Taxes.
Bookings and Financial Terms for Providers and Users
If you are a Provider and a booking is requested for your Services via the Site, Application or Services, you will be required to either confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the User who has requested the booking, (ii) a link to the User’s MYSURFMATE Account profile page, (iii) if the User and Provider have both connected their MYSURFMATE accounts to SNS, the names of any members of an SNS with whom you are “friends” or associated on the SNS if such individuals are also “friends” or associated with the User on such SNS, and (iv) an indication of whether or not the User has provided other information to MYSURFMATE , such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by MYSURFMATE for the requested booking will be refunded to the applicable User’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a User, MYSURFMATE will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
MYSURFMATE will collect the Total Fees at the time of booking confirmation (i.e. when the Provider confirms the booking request) and will initiate payment of the Services Fees (less MYSURFMATE ’s Provider Fees and any Taxes in respect of the Provider Fees, such as VAT in Europe) to the Provider within 24 hours of when the User arrives at the applicable Services (except to the extent that a refund is due to the User). The time it takes for the Provider to receive pay-outs may depend upon the pay-out method chosen by the Provider. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Provider, including by deducting their charges from the pay-out amount.
If you owe or agree to pay any amount via MYSURFMATE to MYSURFMATE (whether as a result of your bookings or actions as an User or otherwise), then MYSURFMATE may (but is not obliged to) withhold the amount owing to MYSURFMATE from any pay-out amounts due to you as a Provider, and use the withheld amount to set-off the amount owed by you to MYSURFMATE . If MYSURFMATE does so, then your obligation to pay MYSURFMATE will be extinguished to the extent of the amount withheld by MYSURFMATE , and MYSURFMATE will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or electronic messaging systems, as provided to MYSURFMATE by you. Such communication may be made by MYSURFMATE or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of MYSURFMATE as Limited Payment Collection Agent for Provider
Each Provider hereby appoints MYSURFMATE as the Provider’s limited payment collection agent solely for the purpose of accepting the Services Fees from Users.
Each Provider agrees that payment made by a User through MYSURFMATE, shall be considered the same as a payment made directly to the Provider, and the Provider will make the Services available to the User in the agreed-upon manner as if the Provider has received the Services Fees. Each Provider agrees that MYSURFMATE may, in accordance with the cancellation policy selected by the Provider and reflected in the relevant Listing, (i) permit the User to cancel the booking and (ii) refund (via MYSURFMATE) to the User that portion of the Services Fees specified in the applicable cancellation policy. Each Provider understands that as MYSURFMATE accepts payments from Users as the Provider’s limited payment collection agent and that MYSURFMATE ’s obligation to pay the Provider is subject to and conditional upon successful receipt of the associated payments from Users. MYSURFMAT does not guarantee payments to Providers for amounts that have not been successfully received by MYSURFMATE from Users. In accepting appointment as the limited authorized agent of the Provider, MYSURFMATE assumes no liability for any acts or omissions of the Provider.
Please note that MYSURFMATE does not currently charge fees for the creation of Listings. However, you as a Provider acknowledge and agree that MYSURFMATE reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that MYSURFMATE will provide notice of any Listing fee collection via the Site, Application and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Users
The Providers, not MYSURFMATE, are solely responsible for honouring any confirmed bookings and making available any Services reserved through the Site, Application and Services. If you, as a User, choose to enter into a transaction with a Provider for the booking of Services, you agree and understand that you will be required to enter into an agreement with the Provider and you agree to accept any terms, conditions, rules and restrictions associated with such Services imposed by the Provider. You acknowledge and agree that you, and not MYSURFMATE, will be responsible for performing the obligations of any such agreements, that MYSURFMATE is not a party to such agreements, and that, with the exception of its payment obligations hereunder, MYSURFMATE disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that MYSURFMATE is not a party to the agreement between you and the Provider, MYSURFMATE acts as the Provider’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Provider. Upon your payment of the Total Fees to MYSURFMATE, your payment obligation to the Provider for the Services Fees is extinguished, and MYSURFMATE is responsible for remitting the Services Fees (less the Provider Fees and any Taxes in respect of the Provider Fees, such as VAT in Europe), in the manner described in these Terms. In the event that MYSURFMATE does not remit any such amounts as described in these Terms, such Provider will have recourse only against such MYSURFMATE entity.
The Total Fees payable will be displayed to a User before the User sends a booking request to a Provider. As noted above, the Provider is required to either confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Provider), any amounts collected by MYSURFMATE will be refunded to such User, depending on the selections the User makes via the Site and Application, and any pre-authorization of such User’s credit card will be released, if applicable.
You as a User agree to pay MYSURFMATE for the Total Fees for any booking requested in connection with your MYSURFMATE Account if such requested bookings are confirmed by the applicable Provider. In order to establish a booking pending the applicable Provider’s confirmation of your requested booking, you understand and agree that MYSURFMATE , on behalf of the Provider, reserve the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one US dollar ($1), or a similar sum in the currency in which you are transacting (e.g. AUD Dollar, euro or one British Sterling), to verify your credit card. As a general rule, MYSURFMATE will collect the Total Fees due once MYSURFMATE receives confirmation of your booking from the applicable Provider; if necessary, Total Fees may instead be collected at a later point. Please note that MYSURFMATE cannot control any fees that may be charged to a User by his or her bank related to MYSURFMATE ’s collection of the Total Fees, and MYSURFMATE disclaims all liability in this regard.
MYSURFMATE may charge fees to Providers (“Provider Fees”) and/or Users (“User Fees”) (collectively, “Service Fees”) in consideration for the use of the MYSURFMATE Platform.
Any applicable Service Fees (including any applicable Taxes) will be displayed to a Provider or User prior to publishing or booking a Listing. MYSURFMATE reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.
You are responsible for paying any Service Fees that you owe to MYSURFMATE. The applicable Service Fees are due and payable and collected by MYSURFMATE Payments pursuant to the Payment Terms. Except as otherwise provided on the MYSURFMATE Platform, Service Fees are non-refundable.
In consideration for the use of MYSURFMATE ’s online marketplace and platform, MYSURFMATE charges the Service Fees. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Provider Fees and User Fees. MYSURFMATE deducts the Provider Fees from the Services Fees before remitting the balance to the Provider as described in these Terms. User Fees are, as noted above, included in the Total Fees.
Balances will be remitted by MYSURFMATE to Providers in its sole discretion via check, PayPal, direct deposit or other payment methods, as described on the Site or via the Application, in the Provider’s currency of choice, depending upon the selections MYSURFMATE makes for each Provider via the Site, Application and Services. MYSURFMATE in its sole discretion may change the payment methods available on the website. Amounts may be rounded up or down as described the “Rounding Off” section below.
Please note that MYSURFMATE, may impose or deduct foreign currency processing costs on or from any payments or pay-outs by MYSURFMATE in currencies other than Australian Dollar. More information on any such costs or deductions will be available via the Site and Application. More information on Services Fees can be found at www.mysurfmate.com Except as otherwise provided herein, Service Fees are non-refundable.
Terms specific for Providers
Terms applicable to all Listings
When creating a Listing through the MYSURFMATE Platform you must (i) provide complete and accurate information about your Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by MYSURFMATE. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a User requests a booking of your Listing, you may not request that the User pays a higher price than in the booking request.
Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.
Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality and condition of your Provider Services. Airbnb reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
The placement and ranking of Listings in search results on MYSURFMATE may vary and depend on a variety of factors, such as User search parameters and preferences, Provider requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Service, and/or ease of booking.
When you accept or have pre-approved a booking request by a User, you are entering into a legally binding agreement with the User and are required to provide your Service(s) to the User as described in your Listing when the booking request is made. You also agree to pay the applicable Provider Fee and any applicable Taxes, which will be collected pursuant to the Payment Terms.
MYSURFMATE recommends that Providers obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Users (and the individuals the User has booked for, if applicable) while staying at your Accommodation or participating in your Services.
You may only list one Accommodation per Listing.
If you choose to require a security deposit for your Accommodation, you must specify this in your Listing (“Security Deposit”). Providers are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the MYSURFMATE Platform. MYSURFMATE will use commercially reasonable efforts to address Users’ requests and claims related to Security Deposits, but MYSURFMATE is not responsible for administering or accepting any claims by Provider related to Security Deposits.
You represent and warrant that any Listing you post and the booking of, or a User’s stay at, an Accommodation will (i) not breach any agreements you have entered into with any third parties, such as home-owners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Provider, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the User (and the individuals the User invites to the Accommodation, if applicable).
Listing Surf Guide, Surf Instructor, Surf Photographer and Other Services
To list as a Surf Guide, Surf Instructor, Surf Photographer or other Provider Services, you must create a Listing and submit the Service to MYSURFMATE. To be considered for publishing on the MYSURFMATE Platform, Provider Services must at all times meet the quality standards of Services and meet User demand. MYSURFMATE reserves the right to decide, in its sole discretion, if a submitted Provider Service will be published on the MYSURFMATE Platform.
When listing a Service you must, where applicable, fully educate and inform Users about (i) any risks inherent to the Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Service.
You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Service.
You must provide a Service in person and may not allow any third party to provide the Service on your behalf, unless authorized by MYSURFMATE.
Terms specific for Users
Terms applicable to all bookings
Subject to meeting any requirements (such as completing any verification processes) set by the Provider, you can book a Listing available on the MYSURFMATE Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), User Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your MYSURFMATE Account.
Upon receipt of a booking confirmation from MYSURFMATE, a legally binding agreement is formed between you and your Provider, subject to any additional terms and conditions of the Provider that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. MYSURFMATE Payments will collect the Total Fees at the time of the booking request or upon the Provider’s confirmation pursuant to the Payments Terms.
You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Provider to enter, occupy and use the Accommodation for the duration of your stay, during which time the Provider (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Provider.
You agree to leave the Accommodation no later than the checkout time that the Provider specifies in the Listing or such other time as mutually agreed upon between you and the Provider. If you stay past the agreed upon checkout time without the Provider’s consent (“Overstay”), you no longer have a license to stay in the Accommodation and the Provider is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Provider, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Provider, plus all applicable User Fees, Taxes, and any legal expenses incurred by the Provider to make you leave (collectively, “Overstay Fees”). Overstay Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Provider as a result of such Overstay. MYSURFMATE Payments will collect Overstay Fees from you pursuant to the Payment Terms. A Security Deposit, if required by a Provider, may be applied to any Overstay Fees due for a User’s Overstay.
You should carefully review the description of any Service you intend to book to ensure you (and any additional users you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Provider has specified in their Listing. You are required to inform the Provider of any medical or physical conditions, or other circumstances that may impact your and any additional User’s ability to safely participate in any Service. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Service.
Before and during a Service you must at all times adhere to the Provider’s instructions.
You may not bring any additional individuals to a Service unless such an individual was added by you as an additional user during the booking process on the MYSURFMATE Platform.
Ratings and Reviews
Within a certain timeframe after completing a booking, Users and Providers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of MYSURFMATE. Ratings and Reviews are not verified by Airbnb for accuracy and may be incorrect or misleading.
Ratings and Reviews by Users and Providers must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with MYSURFMATE Content Policy and Extortion Policy.
Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.
General Booking and Financial Terms
Cancellations and Refunds
If, as a User, you cancel your requested booking before the requested booking is confirmed by a Provider, MYSURFMATE will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a User, you wish to cancel a confirmed booking made via the Site, Application and Services, either prior to or after arriving at the Services, the cancellation policy of the Provider contained in the applicable Listing will apply to such cancellation. Our ability to refund the Services Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The User Fee is non-refundable regardless of the cancellation policy selected by the Provider.
If a Provider cancels a confirmed booking made via the Site, Services, and Application, (i) MYSURFMATE will refund the Total Fees for such booking to the applicable User within a commercially reasonable time of the cancellation and (ii) the User will receive an email or other communication from MYSURFMATE containing alternative Listings and other related information. If the User requests a booking from one of the alternative Listings and the Provider associated with such alternative Listing confirms the User’s requested booking, then the User agrees to pay MYSURFMATE the Total Fees relating to the confirmed booking for the Services in the alternative Listing, in accordance with these Terms. If a Provider cancelled a confirmed booking and you, as a User, have not received an email or other communication from MYSURFMATE, please MYSURFMATE.
If, as a Provider, you cancel a confirmed booking, you agree that MYSURFMATE may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a reservation was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future pay-outs or charged to the credit card on file in your MYSURFMATE Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, MYSURFMATE may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. MYSURFMATE may also determine, in its sole discretion, to refund to the User part or all of the amounts charged to the User in accordance with the User Refund Policy. You agree that MYSURFMATE and the relevant User or Provider will not have any liability for such cancellations or refunds.
If, as a Provider, your User cancels a confirmed booking or MYSURFMATE decides that it is necessary to cancel a confirmed booking, and MYSURFMATE issues a refund to the User in accordance with the User Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid MYSURFMATE shall be entitled to recover the amount of any such User refund from you, including by subtracting such refund amount out from any future Services Fees due to you.
In some instances, Users may be required to make recurring, incremental payments toward the Total Fees owed for a confirmed booking before beginning his or her applicable Services (collectively, “Recurring Payments”). More information on Recurring Payments will be made available via the Site, Application and Services, if applicable. If Recurring Payments apply to a confirmed booking, then the User authorizes MYSURFMATE, on behalf of the Provider, to collect the Total Fees and the Provider agrees that such MYSURFMATE entity will initiate payouts to the Provider, in the increments and at the frequency associated with the applicable Recurring Payments, each as identified on the Site, Application and Services.
MYSURFMATE may, in its sole discretion, round up or round down amounts that are payable from or to User or Providers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, MYSURFMATE will round up an amount of $99.50 to $100.00, and $206.79 to $207.00.
Some currencies are denominated in large numbers. In those cases, MYSURFMATE may determine the functional base unit in which those currencies are denominated to be 10,100 or 1,000 of the currency; the corresponding examples for such currencies would be for MYSURFMATE to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original pay out to or payment by you, so that you end up receiving or paying the correct amount.
Some Providers may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Provider does in fact make the donation he or she pledged to make. In such cases, the Provider in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
Tax regulations may require us to collect appropriate tax information from our Providers, or to withhold taxes from payouts to Providers, or both and your use of the Site is subject to your acceptance of us taking this approach, as required.
You as a Provider understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. MYSURFMATE cannot and does not offer Tax-related advice to any Members.
Where applicable, or based upon request from a Provider, MYSURFMATE may issue a valid VAT invoice to such Provider.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority”) where your Services are located may require Taxes to be collected from Users or Providers and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Services Fees set by Providers.
MYSURFMATE ’s online platform facilitates bookings between Users and Providers who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the MYSURFMATE platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs AUD$30 to buy £19.00, the currency conversion rate of AUD to GBP to Euros would be 0.63. Currency conversion rates will vary from time to time.
“Display Currency” means the currency in which users view Listing prices on the MYSURFMATE platform. Users may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
“Booking Currency” means the currency in which a User has to pay for his or her booking. At the time the User submits a booking request, the MYSURFMATE platform will select the Booking Currency, based on the User’s country of origin and the payment methods available for that country. MYSURFMATE supports only a certain number of currencies as Booking Currencies. The Booking Currency for a booking may be different from the relevant Listing Currency.
“Listing Currency” means the currency in which a Listing’s price is set. The Listing Currency is set by the Provider.
“Pay out Currency” means the currency in which a Provider’s pay out will be paid to the Provider. The Pay out Currency is set by the Provider.
“Base Exchange Rate” means a system-wide rate used by MYSURFMATE for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by MYSURFMATE. MYSURFMATE establishes the Base Exchange Rate using data from one or more third parties such as OZFOREX (https://au.ofx.com/login).
“Adjusted Exchange Rate” means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by MYSURFMATE for its holding costs and foreign currency risks.
MYSURFMATE will process a foreign currency conversion in the following situations:
The Display Currency is different from the Listing Currency when a user views a Listing: MYSURFMATE will calculate the estimated Total Fees in the Display Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency. The Adjusted Exchange Rate will be applied if the Display Currency is a supported Booking Currency, and it is different from the Listing Currency. Otherwise, the Base Exchange Rate will be applied.
The Booking Currency is different from the Listing Currency when a User submits a booking request for a Listing: MYSURFMATE will calculate the Total Fees in the Booking Currency, by applying either the Base Exchange Rate or the Adjusted Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The User will be able to view the actual exchange rate applied. The User Fee, which is a percentage of the applicable Service Fees, will be calculated based on the Services Fees in the Booking Currency (i.e. after conversion from the Listing Currency). The Adjusted Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing. Otherwise, the Base Exchange Rate will be applied.
The Payout Currency is different from the Listing Currency when MYSURFMATE initiates a payout: generally, MYSURFMATE will calculate the payout to the Provider, by applying the Base Exchange Rate on the date that MYSURFMATE initiates the payout to the Service Fees (less MYSURFMATE ’s Provider Fees and any Taxes in respect of the Provider Fees, such as VAT in Europe) in the Listing Currency. The Provider will be able to view the actual exchange rate applied in his or her transaction history in the Site or Application. In some cases where the payout method selected by the Provider involves certain third-party payment processors (such as Western Union), (i) MYSURFMATE will send the payout amount to the processor in a major currency (e.g. US dollars), by applying the relevant Base Exchange Rate for the Listing Currency to that major currency, (ii) the Provider will be able to view the payout amount sent by MYSURFMATE in that major currency in his or her transaction history in the Site or Application, and (iii) the processor will calculate the actual payout to the Provider by applying its own foreign currency conversion rate for that major currency to the Payout Currency.
When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the User or any refund to the User will be processed at the same rate as applied to the earlier payment by the User.
When you as a User submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Adjusted Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
MYSURFMATE updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, MYSURFMATE does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout, if your card or bank account is denominated in a currency that is different from the Booking Currency or the Payout Currency respectively. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to MYSURFMATE.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and MYSURFMATE ’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
MYSURFMATE has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
MYSURFMATE may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against MYSURFMATE or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of MYSURFMATE, its users, or members of the public. You acknowledge that MYSURFMATE has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. MYSURFMATE reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that MYSURFMATE, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the Australia and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of MYSURFMATE and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
MYSURFMATE Content and Member Content License
Subject to your compliance with the terms and conditions of these Terms, MYSURFMATE grants you a limited, non-exclusive, non-transferable license, to (i) access and view any MYSURFMATE content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MYSURFMATE or its licensors, except for the licenses and rights expressly granted in these Terms.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to MYSURFMATE the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or MYSURFMATE’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that MYSURFMATE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MYSURFMATE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of MYSURFMATE used herein are trademarks or registered trademarks of MYSURFMATE. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site and or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of MYSURFMATE and you hereby irrevocably assign to MYSURFMATE and agree to irrevocably assign to MYSURFMATE all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At MYSURFMATE ’s request and expense, you will execute documents and take such further acts as MYSURFMATE may reasonably request to assist MYSURFMATE to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
MYSURFMATE respects copyright law and expects its users to do the same. It is MYSURFMATE ’s policy to terminate in appropriate circumstances the MYSURFMATE Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Suspension, Termination and MYSURFMATE Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your MYSURFMATE Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your MYSURFMATE Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Application, Services, your MYSURFMATE Account, your Member Content, or receive assistance from MYSURFMATE Customer Service, (b) any pending or accepted future bookings as either Provider or User will be immediately terminated, (c) we may communicate to your Users or Providers that a potential or confirmed booking has been cancelled, (d) we may refund your Users in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Users to inform them about potential alternate Services with other Providers that may be available on the Site and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your MYSURFMATE Account. You may cancel your MYSURFMATE Account at any time via the “Cancel Account” feature of the Services or by sending us an email. Please note that if your MYSURFMATE Account is cancelled, we do not have an obligation to return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYSURFMATE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND, DBS OR OTHER OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYSURFMATE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYSURFMATE MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICESS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MYSURFMATE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICESS, PROVIDERS, USERS, YOUR ACCRUAL OF MYSURFMATE TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYSURFMATE OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROVIDERS OR USERS. YOU UNDERSTAND THAT MYSURFMATE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY SERVICES. MYSURFMATE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS AND PROVIDERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MYSURFMATE. NOTWITHSTANDING MYSURFMATE ’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE PROVIDERS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE PROVIDERS, MYSURFMATE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MYSURFMATE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MYSURFMATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHAKA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE PROVIDERS PURSUANT TO THESE TERMS, IN NO EVENT WILL MYSURFMATE ’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY SERVICES VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A PROVIDER, THE AMOUNTS PAID BY MYSURFMATE TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYSURFMATE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THE AFOREMENTIONED CLAUSE SHALL SEEK TO EXCLUDE OR LIMIT LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS RESTRICTED OR PROHIBITED BY LAW.
These Terms constitute the entire and exclusive understanding and agreement between MYSURFMATE and you regarding the Site, Services, Collective Content, and any bookings or Listings of Services made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MYSURFMATE and you regarding bookings or listings of Services, the Site, Services, and Collective Content.
You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any content from or on the Site or through the Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered with the Site. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE AND SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of Australia. You and we agree to submit to the exclusive jurisdiction of the Australian courts for resolving any dispute between the parties. Notwithstanding the above, if MYSURFMATE wishes to enforce any of its rights against you, we may elect to do so in the English courts or in the courts of the jurisdiction in which you are resident.
The failure of MYSURFMATE to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MYSURFMATE. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms please contact MYSURFMATE.