These terms and conditions (hereinafter the "Terms and Conditions") govern the relationship between SURF NEUTRAL INT. BV, a private company with limited liability incorporated under the Laws of Belgium, with registered office at 8400 Ostend, Violierenlaan 64 (Belgium) and registered with the Crossroads Bank for Enterprises under the number 0707.905.703 (hereinafter the "Company") and you, either a user (hereinafter the "Users" or "User") with respect to the access the use of the website of the Company, including any subdomains thereof, the Company’s mobile, tablet and other smart device applications, and application program interfaces (collectively, and all associated services provided by the Company’s (hereinafter collectively as the "Platform"), or a Provider as defined below.

The Platform is an online marketplace that enables the Users to lease surf gear and equipment (hereinafter the "Gear") from third parties (hereinafter the "Providers" or "Provider") or the Company and/or make use of the surfing-related services (hereinafter "Services" or "Service") provided by the Providers or the Company. The Terms and Conditions also govern the relationship between the Providers and the Company. The Provider relationship with the Company is limited to being an independent, third-party contractor, and not an employee, agent, joint venture or partner of the Company for any reason.

The Company may make changes to the Terms and Conditions for valid reasons, such as improving the existing functions or features or adding new functions or features to the Platform, implementing advancements in science and technology, and reasonable technical adjustments to the Platform, ensuring the operability or the security of the Platform, and for legal or regulatory reasons. When the Company makes material changes to the Terms and Conditions, it will provide the Users and Providers with an appropriate notice.

In order to use the Platform, the Users and Providers must create an online account on the Platform (hereinafter the "Account").

The Users and Providers must provide accurate, current and complete personal information during the registration process and keep their Account up-to-date at all times.

The Users and Providers are responsible for maintaining the confidentiality and security of their Account credentials and may not disclose these credentials to any third party.

The Users and Providers must immediately notify the Company if they are aware or have any reason to suspect that their credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of their Account.

During the registration process, the Users and Providers will create a password to access confidential information and functions on the Platform. In addition, the User will create a personal identification number (PIN) for the purpose of authenticating himself/herself on the Platform.

The Users and Providers are liable for any and all activities conducted through their Account, unless such activities were not authorized by the Users and Providers who have not otherwise been negligent (such as failing to report the unauthorized use or loss of its credentials).

The Platform allows the Providers to build a personal page on the Platform for branding purposes. Providers may therefore post, upload, or otherwise contribute content to the Platform (which may include, for example, pictures, text, messages, information, descriptions and compilations, and/or other types of content) (hereinafter "Content").

Personal information and Content added on the Platform by the Providers will however not be disclosed to the Users until the Provider has at least one surfboard (which was designed and created by the Provider) registered on the Platform.

The Providers must (i) provide complete and accurate information about the Gear and Services (such as a description, location and availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by the Company. The Provider is responsible for keeping this information (including availability) up-to-date at all times.

Pictures, animations or videos used by the Providers must accurately reflect the quality and condition of the Gear. The Company reserves the right to require that the images of the Gear on the Platform are of a certain format, size and resolution.

The Company may, but has no obligation to, monitor, review, or edit Content. In all cases, the Company reserves the right to remove or disable access to any Content for any or no reason, including Content that, in the Company’s sole discretion, violates the Terms and Conditions. The Company may take these actions without prior notification.

Providers are solely responsible for all Content that they make available on or through the Platform. Accordingly, the Providers represent and warrant that they (i) either are the sole and exclusive owners of the Content made available on the Platform and/or have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in and to such Content, as contemplated under these Terms and Conditions; and (ii) neither the Content nor the posting, uploading, publication, submission or transmittal of the Content or the Company’s use of the Content (or any portion thereof) as contemplated under these Terms and Conditions 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 Providers will not post, upload, publish, submit or transmit any Content that is (i) fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances.

The Company may remove or disable access to any Content that is in violation of applicable law, these Terms and Conditions or its policies or standards, or otherwise may be harmful or objectionable to the Company, other Providers, Users, third parties, or their property.

In the event the Gear or a Service is available on the Platform and the User is willing to rent the Gear or to make use of a Service, the Users may be required to provide additional personal information to the Company (e.g. their credit card number, the expiration date of the credit card and billing address).

The Users must represent and warrant that they have the legal right to use any credit card(s) or other payment method(s) in connection with any to the purchase of the Gear of the use of a Service and that the provided information is accurate, current and complete.

The Company will not store credit card details, as these details are directly provided by the Users or Providers to third-party payment processors whose use of the personal information is governed by their respective privacy policy.

By creating an account with a payment provider, the Users and Providers acknowledge and agree to be bound by the terms and conditions of the respective payment provider and that the Users and Providers have at all times a direct contractual relationship with the respective payment provider.

As from the date of these Terms and Agreements, transactions are made through, processed and secured by Mangopay SA, with registered office at Boulevard Royal 59, L-2449 Luxembourg, registered in Luxembourg under the number B173459 and approved by the Commission de Surveillance du Secteur Financier, 110 Route d’Arlon L-1150 Luxembourg.

The Company is not involved in (i) the execution of any payment transaction and (ii) and has no access to the Users’ or Providers’ funds on any of the payment accounts that are managed by a third-party payment processor. The Company remains a commercial agent within the meaning of the Second European Directive on Payment Services 2015/2366. The Company does not possess or control funds of the Users and/or the Providers.

In the event that a Provider requests a payout to his bank account the Provider will need to provide our payment provider with KYC (Know your Customer) documents to prevent false accounts and money laundering. These documents will be validated by our payment provider and once approved SURF NEUTRAL will inform the Provider that the money can be transferred to the Provider’s bank account only in the event the Provider bank details are available at the payment provider.

A cash out per transaction fee will be applied by our payment provider. The Provider cost for such a pay-out is mentioned on https://www.mangopay.com/pricing/ and will be at the Provider’s exclusive expense.

Only a registered and validated User is eligible to make a reservation via the respective booking process on the Platform. All applicable fees, including the lease fee, and any applicable taxes will be presented to the User prior to booking the Gear (hereinafter the "Total Fee").

Upon receipt of the payment of the Total Fee, the User will receive a booking confirmation from the Company and a legally binding lease agreement is formed between the Users and the Provider. A copy of the lease agreement can be found at https://surfneutral.freshdesk.com/a/solutions/articles/43000608048.

The Company is not a party to any lease agreement concluded between Users and Providers.

Contests, sweepstakes or other forms of promotions that are made available through the Platform by the Company may be governed by terms and conditions that are separate from the Terms and Conditions.

No subscription fee is due for using the Platform. However, the Company reserves the right to charge its Users subscription fees in the future for certain new features that have been developed and have been added to the Platform. If the Company decides to charge fees for future features, it will provide an adequate notice of its changed fee policy before it becomes effective.

Providers are free to set their own lease prices for the use of the Gear (however, the prices must include taxes and charges, such as VAT, if applicable). Once a User requests to rent the Gear, the Providers may not request that the User pays a higher price than in the earlier indicated price.

A as compensation for the use of the Platform, the Company is entitled to charge an additional fee of 6% on top of the total lease fee that was charged by the Providers to the Users for the use of the Gear. The compensation fee for the Providers is calculated as follows:

SNF =	(PDP x LPD)
	x 6%

SNF = SURF NEUTRAL Fee;
PDP = Provider Day Price, i.e. the price (including any taxes) charged by the Provider for the lease of the Gear;
LPD = Lease Period in Days;

You acknowledge that the Provider is solely responsible for determining its obligations to report, collect, remit or include any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes") in its PDP.

You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where the Gear is located may require Taxes to be collected from the User or the Provider on the PDP, 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 PDP set by Providers, a set amount per day, or other variations.

The Company is regularly updating its Platform. The Company cannot be held liable for any dysfunctionality of the Platform, inaccuracy of the description or the unavailability of the Gear and/or Services provided on the Platform.

The Company cannot and does not guarantee the accuracy or completeness of any information, including prices, Gear images, specifications, availability of the Content, Gear and/or Services as they are uploaded to the Platform by the Users.

The Company reserves the right to change and update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

It is the sole responsibility of each Provider individually to insure its Gear.

The Company respects the intellectual property rights of others. It is the policy of the Company to respond to any claim regarding the infringement of intellectual property right related to the content that has been uploaded on the Platform by Users.

A copyright owner that believes that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, must submit its notice in writing to the attention of "Copyright Infringement" of dmca@surfneutral.com and include in the notice a detailed description of the alleged Infringement.

The Platform and its original content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of the Company. use, display, mirror or frame of any individual element within the Platform, the Company’s name, any Company’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without express written consent of the Company is prohibited.

The Platform may contain links to third-party websites or services that are not owned or controlled by the Company (e.g. www.winklecard.com; www.freshworks.com; www.mangopay.com;)

• For support related matters SURF NEUTRAL is using Freshworks to manage incoming requests and issues
  Terms and conditions of freshdesk our helpdesk platform can be found by clicking this Link.
  Privacy Policy of freshdesk our helpdesk platform can be found by clicking this Link.
• As a third party payment provider SURF NEUTRAL is using Mangopay and its API’s www.mangopay.com

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

The Users may terminate the Account at any given moment by going through the respective procedure on the Platform.

The Company may immediately, without notice, stop or suspend providing the Users and Providers access to the Platform if the Users and Providers have (i) materially breached the obligations under these Terms and Conditions, the Company’s policies or standards, (ii) have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of the Company, its Users, or third parties.

The payment provider will pay-out any remaining funds to the Users or Providers bank account within 24 hours after the termination or suspension of the Account.

In the case a Providers has uploaded Gear on the Platform and requests his account to be deleted, images of the Gear which have been uploaded on the Platform will still be visible to the Users and will be branded and labelled as "Ghost Label" and its creation attributed to "Ghost Shaper".

In no event shall the Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• the access to or use of or inability to access or use of the Platform;
• any conduct or content of any third party on the Platform;
• any content obtained from the Platform; and
• unauthorized access, use or alteration of the transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Within the framework of the performance of the contract, the Company may only be held liable for gross negligence, excluding any responsibility for any form whatsoever of consequential damages (including lost profits or lost income) and for any action whatsoever that would be brought by third parties against a User or Provider. In any case, the liability of the Company remains limited at most to five hundred euro (500.00 €), regardless of whether the action was brought on a contractual or non-contractual basis.

The Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Platform will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Platform is free of viruses or other harmful components; or d) the results of using the Platform will meet the requirements of the Users and Providers.

These Terms and Conditions shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Any dispute as to its validity, interpretation or implementation shall be the exclusive jurisdiction of the courts of the district where Company has its registered office.

Failure by the Company to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.

If any provision of these Terms and Conditions is held to be invalid or unenforceable by a court, the remaining provisions of these Terms and Conditions will remain in effect.

The Company reserved the right, at its sole discretion, to modify or replace these Terms and Conditions at any time.

If you have any questions about these Terms, please contact us on
termsandprivacy@surfneutral.com.