Terms & Conditions

The following terms of service (these "Terms of Service"), govern your access to and use of SOUL SURF services, including any content, functionality, and services offered on or through soulsurf.io (the "Site or website")

 

Please read the Terms of Service carefully before you start to use the Site. By accessing, browsing, registering to use the Site or Services or by clicking to accept or agree to the Terms of Service & our privacy policy when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use & Privacy Policy, do not use any portion of the Site, or the Services. Failure to use the Site following these Terms & Privacy Policy may subject you to civil and criminal penalties.

 

 

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and Conditions and any other provisions and/or terms and/or otherwise between us and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

 

1. ACCEPTANCE OF TERMS.

 

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “your” or “user”) and SOUL SURF (“SOUL SURF”, “we”, “us” or “our”), concerning your access to and use of soulsurf.io. You agree that by accessing the Site, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated. IF YOU DO NOT AGREE WITH ALL OF THIS TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to SOUL SURF. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders, and words in the singular include the plural and vice-versa.

 

2. USAGE/ ELIGIBILITY.

 

You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules, and regulations. If you violate any restrictions in these terms, you agree to indemnify SOUL SURF for any losses, costs, or damages, including reasonable legal fees, incurred by SOUL SURF in relation to, or arising out of, such a breach.

 

3. ABOUT SOUL SURF SERVICES.

 

SOUL SURF has created a surfing holiday aggregator where users can see a variety of surf vacation packages, register, book, and pay for them.

 

4. USE OF THE PLATFORM.

 

  1. 1. When utilizing the Platform, you can examine all offers offered by organizers ("Organizers") (referred to as "Experience Offers"), submit requests ("Requests") to the Organizers, filter offers, send messages to Organizers, make/cancel reservations ("Reservations") for such Experience Offers, and write evaluations. If the Organizer accepts your Reservation through the Platform, you and the Organizer have entered into a contractual agreement. However, requests are not legally binding. If you have any questions, comments, or concerns concerning an Organizer, an Experience Offer, a Reservation, or a Request, please email us at support@soulsurf.io.
  2. 2. The Organizer's terms and conditions, as well as all agreements between you and the Organizer, govern the Experience Offers. Soul Surf will never be a party to an arrangement between you and an Organizer. We recommend that you carefully read the Organizer's terms and conditions, since they may impose legal responsibilities on you, and it is your responsibility to comply with such requirements. Unless otherwise noted in these Terms of Use, Soul Surf assumes no responsibility for any decisions taken by you based on the material of Soul Surf and/or the Organizers on the Platform.
  3. 3. You are entirely accountable and liable for the content you post, including reviews. Because you have the ability to submit content to the Platform without limitation, you warrant that this content is legal and does not violate any party's intellectual property rights, privacy rights, or other rights, and you agree to indemnify Soul Surf from any third-party claim in this regard. You also warrant that you do not submit any content that involves any illegal activities or activities that are contrary to morality or public order, including, but not limited to, content that is intended to promote or sell drugs or firearms, is violent in any way, or qualifies as or transmits unwanted or unsolicited material or content (spam). We can not guarantee that your material will be available on the Platform accurately, entirely, or continually.
  4. 4. Finally, when utilizing our Platform, you must observe the following regulations. You may not:
    1. • Use the Platform with a device that contains viruses, Trojan horses, worms, bots, or other malicious software capable of altering, damaging, disabling, infecting, or deleting the Platform or rendering it unavailable or inaccessible.
    2. • Use manual or automatic software, devices, or other methods to "crawl," "spider," or scrape any material on the Platform.
    3. • Copy or decompile the Platform or apply reverse engineering to it, unless required by law.
    4. • Remove and/or bypass security measures or technical constraints of the Platform (including limitations on use).

 

5. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS.

 

The Website may provide links to external Internet sites. SOUL SURF hereby declares explicitly that it has no influence on the layout or content of linked pages and dissociates itself expressly from all contents of all linked pages of third parties. SOUL SURF shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notices do not apply to any collection and processing of your personal data on or through such external sites.

 

6. INTELLECTUAL PROPERTY.

 

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Ireland, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

 

7. YOUR REPRESENTATIONS.

 

By using the Site, you represent and warrant that:

 

  1. • All registration information you submit will be true, accurate, current, and complete.
  2. • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  3. • You have the legal capacity and you agree to comply with these Terms of Use.
  4. • You are not under the age of 18.
  5. • You are not a minor in the jurisdiction of which you reside, or if a minor, you have received parental permission to use the Site.
  6. • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  7. • You will not use the Site for any illegal or unauthorized purpose.
  8. • Your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

 

8. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION.

 

We are not responsible if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or timelier sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site, including these Terms of Service and the Privacy Policy.

 

9. ACCOUNT.

 

You can access the site either as a guest or by registering an account with us. Name, email address, and profile picture will be collected by the website. We obtain this information directly from Facebook and Google when the user checks in with Google or Facebook, or directly from the user if they create an account with us. We design user registration in simple steps: the user clicks the button "sign in with Google or Facebook," Google or Facebook displays the user consent page, stating that it will share the user's name, email address, and profile picture with us, the user consents to Google or Facebook, and Google or Facebook gives us this information, which we store in our database. If you choose to create an account with us (“Account”), you may be subject to additional contractual terms and conditions applicable to such Services (“Additional Terms”), which Additional Terms will be accessible to you on the Website or presented to you as Additional Terms when you sign up for or access such Services. Any such Additional Terms shall be incorporated into and form a part of these Terms. Your Account is for your individual, personal use only, and you may not authorize others to use your Account for any purpose. In creating your Account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your Account and password, and you agree to accept sole responsibility for all activities that occur under your Account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your Account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities, or expenses you may incur due to any unauthorized use of your Account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.

 

10. USER LICENSES.

 

In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), SOUL SURF grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, and the Services solely for your own personal purposes.

 

You may access and use the Site, and Services only in accordance with any instruction manuals, user guides, and other documentation as made available by SOUL SURF from time to time (“Documentation”).

 

This is the grant of a license, not a transfer of title, and under this license, you may not:

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by SOUL SURF at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

11. PRICING & MODE OF PAYMENT.

 

  1. • Your use of the Platform is completely free. The Experience Offers are charged at the organizers' discretion. Please be aware that if you make a Reservation, you may owe the Organizer (part of) the cost. We have no control over, are not involved in, and are not responsible for the payment of Reservations.
  2. • All prices shown for the Services are in Euro. Any applicable taxes and other charges, if any, are additional.
  3. • Because the Organizers are in charge of the payment arrangements, you cannot draw any rights from the currencies or payment methods that are available at any given time. Furthermore, Soul Surf is not liable for and has no control over the applicable payment.
  4. • Payments for the purchase of service offerings can be made with the use of Stripe service. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible for paying all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order.

 

12. WARRANTIES AND INDEMNIFICATIONS.

 

  1. • SOUL SURF makes no warranties of any kind, whether express, implied, statutory, or otherwise, except as expressly provided in these Terms of Use, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity, or accuracy of the Platform. Furthermore, Soul Surf makes no promise that using the Platform will result in a successful travel experience or the attainment of any skills, levels, or experiences relating to a specific trip adventure.

 

  1. • The conclusion and fulfillment of Reservations, including any financial obligations deriving therefrom, as well as the cancellation of Reservations, are solely your and an Organizer's responsibility. You agree to hold Soul Surf harmless from any claims made by an Organizer or a third party relating to Reservations made by you with that specific Organizer, as well as the payment of such Reservations. However, Soul Surf will assist you to the best of its ability if any problems emerge between you and an Organizer in order to remedy those problems.

 

  1. • You acknowledge and agree that we are not responsible for refunds, as well as the Organizer's level of service, length of stay, and so on. However, we will be pleased to help you monitor the quality of the services and, to the best of our ability, assist our users in obtaining a refund from the organizer if the service is not as described in the offered package.

 

  1. • You guarantee that you will not use the Platform in a way that:
    1. 1. Infringes the rights of Soul Surf or third parties such as other users or Organizers, including but not limited to IP Rights or rights in relation to the protection of privacy.
    2. 2. Is contrary to any current legislation or regulations.
    3. 3. Is contrary to any provision in these Terms of Use.

 

13. INDEMNIFICATION.

 

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless SOUL SURF, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “SOUL SURF Parties”), from and against all actual or alleged SOUL SURF Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to:

  1. • Your use or misuse of the Sites, Content, or Services.
  2. • Any Feedback you provide.
  3. • Your violation of these Terms.
  4. • Your violation of the rights of another.
  5. • Any third party’s use or misuse of the Site or Services provided to you.
  6. •Any User Content you create, post, share, or store on or through the Site or our pages or feeds on third-party social media platforms.

 

You agree to promptly notify SOUL SURF of any third-party Claims and cooperate with the SOUL SURF Parties in defending such Claims. You further agree that the SOUL SURF Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and SOUL SURF.

 

14. PROHIBITED USES.

 

You may not access or use the Site for any purpose other than that for which we make the available. The site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

As a user of the Site, you agree not to:

  1. • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  2. • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
  3. • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
  4. • Make improper use of our support services or submit false reports of abuse or misconduct.
  5. • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  6. • Interfere with, disrupt, or create an undue burden of the Site or the networks or services connected to the Site.
  7. • Attempt to impersonate another user or person or use the username of another user.
  8. • Use any information obtained from the Site in order to harass, abuse, or harm another person.
  9. • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  10. • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  11. • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  12. • Delete the copyright or other proprietary rights notice from any Content.
  13. • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  14. • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any parties’ functions, operation, or maintenance of the Site.
  15. • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or pcms”).
  16. • Except as may be the result of the standard search engine or Internet browser usage, use launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  17. • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  18. • Use the Site in a manner inconsistent with any applicable laws or regulations.
  19. • Use content without proper attribution.
  20. • Use content in a fashion that does not comply with the content’s specific licensing.

 

15. DISCLAIMERS.

 

You agree and acknowledge that our platform is a surfing vacation aggregator where users can view a range of surf vacation packages, register for them, book them, and pay for them. We do not arrange surfing events, but we do advertise numerous surfing vacation packages through the platform; therefore, your subscription and participation in any surfing event inspired by our website are entirely at your own risk. These are dangerous sports! Participating in dangerous sports and related activities carries a high risk of property damage, personal harm, and even death. You are engaging at your own risk, and as such, you must use your own discretion regarding the complexity of these sports, as well as assess your capacity to safely protect yourself from the hazards and dangers. We will not be held liable if those dangers emerge and harm occurs.

 

Your access to and use of the services and content provided on the website are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, (SOUL SURF ENTITIES are SOUL SURF founders, officers, directors, employees, agents, representatives, and partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

 

SOUL SURF makes no warranty and disclaims all responsibility and liability for:

  1. • The completeness, accuracy, availability, timeliness, security, or reliability of the Services or any Content.
  2. • Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content.
  3. • The deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services.
  4. • whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

 

No advice or information, whether oral or written, obtained from SOUL SURF or through the Services, will create any warranty not expressly made herein.

 

The Services may contain links to third-party websites or resources. You acknowledge and agree that the SOUL SURF is not responsible or liable for:

  1. • The availability or accuracy of such websites or resources.
  2. • 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 SOUL SURF 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.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUL SURF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SOUL SURF EXCEED THE AMOUNT PAID FOR THE SERVICES. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT SOUL SURF HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

We reserve the right to change any and all Content and to modify, suspend, or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

 

16. CHANGES.

 

If SOUL SURF decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.

 

17. GOVERNING LAW AND JURISDICTION

 

These general terms and conditions in relation to the use of the website are hereby governed by, and constructed and enforced in accordance with the laws of the Republic of Ireland. The competent courts in the Republic of Ireland shall have the exclusive jurisdiction to resolve any dispute between you and SOUL SURF. 

 

18. CANCELATION POLICY 

 

All the users are eligible to cancel their booking request free of charge before making any payments, once a partial/full deposit is paid, the user will have to follow the cancelation policy given by the school. Please note cancelation policy is mentioned on every product, and it could vary from product to product.