Terms of service

Terms of Service 

1. Introduction

This User Agreement and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which Surf Exchange Company offers you access to and use of our Services. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is: Surf Exchange Company. In this User Agreement, this entity is individually and collectively referred to as "Surf Exchange Company," "we," or "us."

2. About Surf Exchange Company 

Surf Exchange Company is a marketplace that allows users to offer, sell and buy goods and services in various geographic locations. Surf Exchange Company is not a party that contracts for sale between third-party sellers and buyers, nor is Surf Exchange Company a traditional auctioneer.

Any guidance Surf Exchange Company provides as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. We may help facilitate the resolution of disputes between buyers and sellers through various programs. Unless otherwise expressly provided, Surf Exchange Company has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

3. Using Surf Exchange Company

In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • fail to pay for items purchased by you, unless you have a valid reason as set out in an Surf Exchange Policy policy, for example, the seller has materially changed the item's description after you bid
  • fail to deliver items sold by you, unless you have a valid reason as set out in an Surf Exchange Company policy;
  • manipulate the price of any item or interfere with any other user's listings;
  • take any action that may undermine the feedback or ratings systems
  • transfer your Surf Exchange Company account (including feedback) and user ID to another party without our consent;
  • share your log in credentials with any third parties. If you require that authorized third parties (employees, agents, etc) have access to your account, you must contact Surf Exchange Company prior to doing so
  • create listings, post, or upload content in inappropriate categories or areas on our sites;
  • post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Surf Exchange Company or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Surf Exchange Company;
  • circumvent any technical measures used to provide our Services.
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Surf Exchange Company application or tool
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to Surf Exchange Company. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Surf Exchange Company or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • commercialize any Surf Exchange Company application or any information, data or software associated with such application, except with the prior express permission of Surf Exchange Company; or
  • harvest or otherwise collect or use information about users without their consent.

Sellers must meet Surf Exchange Company's performance standards. Failure to meet these standards may result in Surf Exchange Company charging sellers additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are abusing Surf Exchange Company and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating our policies prohibiting offers to buy or sell on Surf Exchange Company, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. Also, as provided below in the Fees and Taxes section, if we believe you are violating our policy, you may be charged final value fees.

We may cancel unverified accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

4. Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

5. Fees and Taxes

We charge sellers for the use of our Services. The fees we charge sellers for using our Services are listed on our  How it works page and Commissions page. We may change our selling fees from time to time by posting the changes on the Surf Exchange Company site fourteen (14) days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.

If you are a seller, you are liable for fees arising out of all sales made using some or all of our Services, even if sales terms are finalized or payment is made outside of Surf Exchange Company. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying in person or outside of Surf Exchange Company, you may be liable to pay a final value free  applicable to that item, even if the item doesn't sell, given your usage of our Services for the introduction to a buyer.

You must have a payment method on file when using our selling Services and pay all fees and applicable taxes associated with your use of our Services by the payment due date. Surf Exchange Company current payment method for all sellers is by 'Paypal'. If your payment method fails or your account is past due, we may place restrictions on your account. In addition, you will be subject to late fees. In any jurisdiction where Surf Exchange Company has an obligation to collect sales taxes on sales you make using our Services, we will collect such sales taxes from you via the payment method on file.

Selling fees don't purchase exclusive rights to item exposure on our Services. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, including your listing, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

6. Listing Conditions

When listing an item for sale on our Services, you agree to comply with Surf Exchange Company's Listing Policy and Selling Practice Policy and also agree that:

  • You assume full responsibility for the item offered and the accuracy and content of the listing
  • Your listing may take up to seven (7) days to be accepted or rejected
  • Your listing may not be immediately searchable after accepted by keyword or category for several hours (or up to 72 hours in some circumstances). Surf Exchange Company can't guarantee exact listing duration. 
  • The content you provide complies with all of our listing policies, including the images, videos, and descriptions,
  • Content that violates any of Surf Exchange Company's policies may be modified, obfuscated or deleted at Surf Exchange Company's sole discretion,
  • We may revise product data associated with listings to supplement, remove, or correct information,
  • We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
    • buyer's location, search query, browsing site, and history;
    • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
    • seller's history, including listing practices, Seller ratings, Surf Exchange Company policy compliance, feedback, and defect rate; and
    • number of listings matching the buyer's query,
  • To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
  • Some advanced listing upgrades will only be visible on some of our Services,
  • Surf Exchange Company's Listing Policy may also affect whether your listing appears in search results,
  • Metatags and URL links that are included in a listing may be removed or altered,
  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and/or current listings; results may vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other sellers,
  • For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, Surf Exchange Company may require the use of certain payment methods.
  • You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. Surf Exchange Company has no responsibility or liability for the safety or performance of any product that you list or sell using our Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell using our Services,
  • Surf Exchange Company may publish and promote your listings, including related content such as username, product reviews and feedback on the websites or in the applications, services and tools of other Surf Exchange Company corporate family members or cooperating third-party operators of websites, applications, services and tools.

7. Purchase Conditions

When buying an item using our Services, you agree to the Buyer Policies and that:

  • You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
  • You enter into a legally binding contract to purchase an item when you buy, commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted),
  • For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller,
  • We do not transfer legal ownership of items from the seller to you,

8. International Buying and Selling

  • Currently Surf Exchange Company only offers Buying, Selling, and Services in the United States.

 

9. Content

When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Surf Exchange Company, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Surf Exchange Company takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions and specifications) that are provided by third parties (including Surf Exchange Company users). You may use that content solely in your Surf Exchange Company listings. Surf Exchange Company may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Surf Exchange Company is not responsible for examining or warranting the listings or content provided by third parties through our Services, and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name "Surf Exchange Company" and other Surf Exchange Company marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Surf Exchange Company in the U.S. and other countries. They may not be used without the express written prior permission of Surf Exchange Company.

11. Holds and Restricted Funds

To protect Surf Exchange Company from risk of liability for your actions as a seller, Surf Exchange Company may restrict access to your funds as described in the Payment Terms of Use.

12. Authorization to Contact You; Recording Calls; Analyzing Message Content

Surf Exchange Company may contact you at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Policy. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your marketing communications preference for calls or emails at any time, please notify us of your preference. 

Surf Exchange Company may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Surf Exchange Company or its agents for quality control and training purposes, or for its own protection.

Privacy of Others; Marketing

If Surf Exchange Company provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user's information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them in accordance with applicable laws, and only using Surf Exchange Company Services.

13. Additional Terms

Returns and cancellations for sellers

Surf Exchange Company does not currently offer returns; unless, for various reasons stated in our Returns Policy. Sellers can offer replacements, returns, and refunds on their own terms. Sellers may remove or customize their return preferences in their account policies within their Seller Portal. If a Seller accepts a replacement, return, or refund under normal conditions and outside of the examples stated in our Return Policy, it is the sole responsibility of the Seller to handle the entire transaction. 

 

Returns and cancellations for buyers

Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order directly with the Seller, and the seller will have 3 days to accept or decline the request. If the order cannot be cancelled, buyers may still be permitted to return the item if the item is eligible for a return or the Seller accepts the return.

In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller. If the buyer is responsible for the return shipping costs, the buyer is responsible for purchasing a shipping label directly from a carrier. 

Surf Exchange Company Money Back Guarantee

Most Surf Exchange Company sales go smoothly, but if there's a problem with a purchase covered by our Money-Back Guarantee, buyers can get their money back if an item didn't arrive, is faulty or damaged, or doesn't match the listing. You agree to comply with the policy and permit us to make a final decision on any Surf Exchange Company Money Back Guarantee case.

If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Surf Exchange Company under the Surf Exchange Company Money Back Guarantee, Surf Exchange Company may invoice you in the amount of the reimbursement. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the Surf Exchange Company Money back Guarentee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

14. Payment Services

Payments for goods and services sold using our Services are facilitated Surf Exchange Company. You agree to the accepted Payment methods and policies to the extent applicable to you. To receive payment for an item sold using our Services, you must accept and comply with the Payment Terms of Use, including the requirements to provide to Surf Exchange Company information about you, your business, and the PayPal account you will use to receive payments.

If you are a buyer:

  • You may pay for items and services using the payment methods that the Surf Exchange Company make available, and Surf Exchange Company will manage settlement of the payment to sellers. When buying on our Services, you authorize the Surf Exchange Company to initiate payments using your selected payment method and collect the transaction amounts on behalf of the seller. Accordingly, payments received by the Surf Exchange Company from you will satisfy your obligations to pay the seller in the amount of payments received.
  • In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with Surf Exchange Company's internal risk controls or due to potential violations of any policy of Surf Exchange Company, or a policy of one of the third-party payment services providers.
  • Surf Exchange Company, or any its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on our Services when you make a purchase or make any other transaction on our Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on our Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method. You are responsible for maintaining the accuracy of information we have on file, and you consent to Surf Exchange Company updating such stored information from time to time based on information provided by you. You will only provide information about payment methods that you are authorized to use.
  • You may seek returns or cancelations on our Services, or file Surf Exchange Company Money-Back Guarantee claims on our Services. If you are entitled to a refund, tSurf Exchange Company will issue the refund if Surf Exchange Company processed the original payment. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
  • You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of the services provided by Surf Exchange Company. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that Surf Exchange Company has no control over, or responsibility or liability for, such fees or actions.

15. Disclaimer of Warranties; Limitation of Liability

We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Surf Exchange Company's applications may not occur in real time. Such functionality is subject to delays beyond Surf Exchange Company's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will Surf Exchange Company (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Surf Exchange Company was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • the content you provide (directly or indirectly) using our Services;
  • your use of or your inability to use our Services;
  • pricing, shipping, format, or other guidance provided by Surf Exchange Company;
  • delays or disruptions in our Services;
  • viruses or other malicious software obtained by accessing or linking to our Services;
  • glitches, bugs, errors, or inaccuracies of any kind in our Services;
  • damage to your hardware device from the use of any Surf Exchange Company Service;
  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
  • a suspension or other action taken with respect to your account or breach of the Using Surf Exchange Company Section above;
  • the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
  • your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Surf Exchange Company Money-Back Guarantee up to the price the item sold for on Surf Exchange Company (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

16. Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17. Indemnity

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

18. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SURF EXCHANGE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED.

In this Legal Disputes Section, the term "related third parties" includes your and Surf Exchange Company's respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, Surf Exchange Company's, and these entities' respective employees and agents.

You and Surf Exchange Company agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Surf Exchange Company (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Surf Exchange Company or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law

You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Rhode Island, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Surf Exchange Company, except as otherwise stated in this User Agreement.

19. General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on https://surfexchangecompany.com.

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on https://surfexchangecompany.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Additionally, we will notify you by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a Surf Exchange Company representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

Without limiting Surf Exchange Company's ability to refuse, modify, or terminate all or part of our Services, Surf Exchange Company may also terminate this Agreement with anyone at any time for any reason, at our sole discretion, by giving notice of such termination.

The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Surf Exchange Company Service.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and Surf Exchange Company, and supersede all prior understandings and agreements of the parties.

The following Sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Payment Services, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.