Surfy Nomads 28 April 2017

The worldwide surfer to surfer surfboard rental

Terms and conditions

1. Key Terms

Surfy Nomads provides an online platform that connects “User” who have surfboards and surf related gear to list and book (also referred as “Owner”) with “User” seeking to book such equipment (also referred as “Leaser”) (collectively, the “Services”), which Services are accessible at www.surfynomads.com through which Surfy Nomads makes the Services available (collectively, the “Website”) .

“Surfboard” means a long, narrow shaped board used in surfing.

“Surf equipment” or “surf gear” means accessories related to surfing like wetsuits, wax, leashes.

“Website” the domain https://www.surfynomads.com.

“Service” are the services provided by Sufy Nomads through the Website, among which an online platform to view or publish renting ads and other Contents.

“Content” mean file containing texts, images, audio recordings and/or videos, data and/or information organized in a data bank, but generally any file, document and/or information of any size made available by Surfy Nomads on the website, including any content licensed by thirds and /or sent and made available by the Members and/or the Website Visitors and/or however developed by the Members by using our Services. Each content will also be defined as “Content”.

“User” any physical or legal entity who enters the website, whether a community member or not.

“Member” any User who completes Surfy Nomads account registration process, including, among others, Owners and Leasers, in accordance with the description in the following section “Account Registration”. Each member will be identified by a nickname self-chosen when registering and not successively changeable.

“User’s Account” personal area reserved to each Member. It is accessible with a password and contains the Member’s personal information.

“Personal information” every Member’s personal information collected through the Website, including name, address and phone number.

“Owner” each Member who rents out at least one item by using the website gosharewood.com.

“Leaser” any Member who rents an item using our Website.

“Item or Product” any type of recreational equipment, such as a surfboard, stand up paddle board, etc. made available for renting by an Owner through Surfy Nomads Website.

“Ad” the tab published by an Owner related to the Item that he/she updated.

“Communication” means all messaging via the Surfy Nomads website, between the Owner and the Leaser.

“Reservation request” the request made by a Leaser for renting out the Item of a specific Ad.

“Time of Reservation Acceptance” the lapse of time, starting from a Leaser’s reservation request (as determined by Surfy Nomads on its discretion), during which an Owner can decide to confirm or deny such reservation request, as determined in the Website.

“Reservation Acceptance”: the Owner’s acceptance of the Reservation Request made by the Leaser.

“Compensation” the amount owed by the Leaser in order to use the Item.

“Transaction” the consideration supply owed to the Owner.

“Fee” the payment for service.

2. Terms of Service

  1. By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service , whether or not you become a Member of the Services. These Terms govern your access to and use of the Website, all Content (as defined above), constitute a binding legal agreement between you and Surfy Nomads.
  2. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Website.
  3. THE WEBSITE, COMPRISE AN ONLINE PLATFORM THROUGH WHICH OWNERS MAY CREATE LISTINGS FOR EQUIPMENT AND LEASERS MAY LEARN ABOUT AND BOOK EQUIPMENT DIRECTLY WITH THE OWNERS. YOU UNDERSTAND AND AGREE THAT SURFY NOMADS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OWNERS AND LEASERS, NOR IS SURFY NOMADS A SHOP , E-COMMERCE OR SURFBOARDS RESELLER. SURFY NOMADS HAS NO CONTROL OVER THE CONDUCT OF OWNERS, LEASERS AND OTHER USERS OF THE WEBSITE OR ANY EQUIPMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  4. IF YOU CHOOSE TO CREATE A LISTING ON SURFY NOMADS, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH SURFY NOMADS IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF SURFY NOMADS FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF SURFY NOMADS. SURFY NOMADS DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF SURFY NOMADS, INCLUDING BY INAPPROPRIATELY USING ANY SURFY NOMADS INTELLECTUAL PROPERTY.
  5. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES , WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR ITS CONTENT.

3. Modification

Surfy Nomads reserves the right, at its sole discretion, to modify the Website or to modify these Terms, including the Service Fees (if any), at any time and without prior notice. If we modify these Terms, we will post the modification on the Website and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Website will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website. If you do not close your Surfy Nomads Account you will be deemed to have accepted the changes.

4. Eligibility

The Website is intended solely for persons who are 18 or older. Any access to or use of the Website, by anyone under 18 is expressly prohibited. By accessing or using the webSite you represent and warrant that you are 18 or older.

5. How the Website Works

The Website can be used to facilitate the listing and Booking of Surfboards and Surf Equipment. Such Equipment is included in Listings on the Website by Owners. You may view Listings as an unregistered visitor to the Website; however, if you wish to book an item or create a Listing, you must first register to create an Surfy Nomads Account (defined below).

Surfy Nomads provides a platform for connecting people who would like to rent Surf gear (“Leasers”) with those willing to rent out the Surf gear (“Owners”).

A Leaser with a requirement for surf equipment creates an account with Surfy Nomads and reviews existing listings on the Surfy Nomads Website before requesting a rental for a specific period of time (Booking).

An Owner with specific surf equipment creates an account with Surfy Nomads, posts listings on the Surfy Nomads Platform and reviews rental requests by Leasers.

If an Owner desires to accept a Booking, the Owner must accept the rental request using the functionality as provided by the Surfy Nomads Website. By accepting a Booking, the Owner confirms that s/he is legally entitled to and capable of supplying the equipment described in the listing.

If an Owner in any way updates a listing after it has been published on the Surfy Nomads Website and before a booking has been accepted, then Surfy Nomads may, at its discretion, cancel all Bookings for that listings that were made prior to the update and recommence the offer process.

Surfy Nomads provides the website only. Apart from enabling a Leaser to find an Owner to provide a particular item of gear, Surfy Nomads accepts no liability for any aspect of the Leaser and Owner interaction, including but not limited to the description of gear and services offered, the performance of services and the delivery of gear. Surfy Nomads has no obligation to any User to assist or involve itself in any way in any dispute between a Leaser and an Owner.

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE IS ONLY INTENDED TO BE USED TO FACILITATE OWNERS AND LEASERS CONNECTING AND BOOKING SURF EQUIPMENT DIRECTLY WITH EACH OTHER. SURFY NOMADS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ITEM ADDED TO THE WEBSITE. SURFY NOMADS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EQUIPMENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

6. Account Registration

A User creates an account with Surfy Nomads when s/he validly completes a registration form on the Surfy Nomads website.
Your Surfy Nomads Account and your Surfy Nomads Account profile page will be created for your use of the Website and Application based upon the personal information you provide to us .

You may not have more than one (1) active Surfy Nomads Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Surfy Nomads reserves the right to suspend or terminate your Surfy Nomads Account and your access to the Website if you create more than one (1) Surfy Nomads Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party. You shall immediately notify Surfy Nomads of any unauthorized use of your Surfy Nomads Account.

7. Items Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Accommodation to be listed, including, but not limited to, the location, size, features, availability and pricing of the Surf Equipment.

In order to be featured in Listings via the Website, all Surf Equipment must have valid physical addresses. Listings will be made publicly available via the Website .You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to,Members preferences, ratings and/or ease of Booking.

Other Members will be able to book your Surf Equipment via the Website based upon the information provided in your Listing.

You understand and agree that once a Member requests a Booking of your Surv Equipment you may not request the Member to pay a higher price than in the Booking request. Even if the transaction occurs out of Surfy Nomads Website.

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 will not breach any agreements you have entered into with any third parties, such as actual equipment owners , surf shops, club association, or other third party agreements.

Please note that Surfy Nomads assumes no responsibility for a Member’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Surfy Nomads reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Surfy Nomads, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Surfy Nomads’ then-current policies and guidelines or otherwise harmful to the Website.

8. Bookings and Financial Terms

Key definitions

  1. “Fixed Fees” means the fees that Owner charges a Leaser for Pick up and Returning the surf equipment.
  2. “Daily fee” daily price for the surf equipment rental, that Owner charges to the Leaser.
  3. “Daily long term rental fee” discounted daily price for the surf equipment rental that Owner charges to the Leaser for long term renting periods ( over 14 days long).
  4. “Security Deposit Fee” is the amount that might be requested by Owner in order to cover and recover potential damages to the rented equipment . This amount will be fully returned by the Owners to the Leaser on return of the rented equipment.
  5. “Equipment Fee” means means collectively the amounts that are due and payable by a Leaser to the Owner in exchange for Surf Equipment rent including Fixed fees and Daily Fees.The Owner may in his or her sole discretion decide to include in these amounts a deposit fee permitted on the Surfy Nomads platform.

Since All the Payments will be occurring outside Surfy Nomads, solely between the Owner and the Leaser, the applying of the mentioned fees are beyond Surfy Nomads’ control and responsibilities.

Any Member is however encouraged to report to Surfy Nomads about any irregularities occurred regarding policy fees appliance by the Members.

Booking Cancellation

If, as a Owner, you cancel a confirmed Booking, you agree that Surfy Nomads may apply consequences to you or your Listing, including publishing an automated review on your Listing indicating that a Booking was cancelled.

Booking Modifications

You as a Owner or Leaser are responsible for any modifications to a Booking . Surfy Nomads is not responsible for any modification to a Booking between Members.

9. Currency Conversion

Prices and rates are made in Euro.

However the Surfy Nomads website allows users to view the price of Listings in a number of currencies. Since the all the payments will occur outside the Surfy Nomads website , solely between Members, Members can decide at the own discretion the currencies the prefer for the payment of the rented equipment.

10. Damage to Equipment and Security Deposits

You acknowledge and agree that, as a Leaser, you are responsible for the returning the equipment in the original conditions it was rented to you. In the event that a Owner claims otherwise and provides evidence of damage, you agree to pay the cost of replacing the damaged .

Owners may choose to include security deposits in their Listings (“Security Deposit Fee”). Each Listing will describe whether a Security Deposit is required for the applicable Equipment.

Surfy Nomads is not responsible for administering or accepting any Damage Claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

11. Privacy

You agree that Surfy Nomads Privacy Policy (as may be updated from time to time) governs Surfy Nomads’ collection and use of your personal information.

12. Intellectual Property Ownership and Rights Notices

The Website and Collective Content are protected by copyright.

You acknowledge and agree that the Website and Collective Content, including all associated intellectual property rights, are the exclusive property of Surfy Nomads and its licensors. You will not remove, alter or obscure any copyright, or other proprietary rights notices incorporated in or accompanying the Website, or Collective Content. As a Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Website.

13. Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Website, or through Surfy Nomads promotional campaigns, you hereby grant to Surfy Nomads a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Website. Surfy Nomads does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Website or through Surfy Nomads promotional campaigns. 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 Website or through Surfy Nomads promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Surfy Nomads 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 Surfy Nomads’ use of the Member Content (or any portion thereof) on, through or by means of the Website or Surfy Nomads promotional campaigns 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.

14. Links

The Website may contain links to third-party websites or resources. You acknowledge and agree that Surfy Nomads 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 Surfy Nomads 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.

Some portions of the Surfy Nomads platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

15. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website (“Feedback”). You may submit Feedback by emailing us, through the “Contact” page of the Website or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Surfy Nomads and you hereby irrevocably assign to Surfy Nomads and agree to irrevocably assign to Surfy Nomads 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 Surfy Nomads’ request and expense, you will execute documents and take such further acts as Surfy Nomads may reasonably request to assist Surfy Nomads to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

16. Disclaimers

IF YOU CHOOSE TO USE THE WEBSITE OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK.

THE WEBSITE , COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SURFY NOMADS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.SURFY NOMADS MAKES NO WARRANTY THAT THE WEBSITE COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EQUIPMENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SURFY NOMADS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EQUIPMENT, OWNERS, LEASERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SURFY NOMADS OR THROUGH THE WEBSITE 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 WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY OWNERS OR LEASERS. YOU UNDERSTAND THAT SURFY NOMADS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. Surfy Nomads MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE 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 WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, OWNERS AND LEASERS, PARTICULARLY AS YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY SURFY NOMADS. SURFY NOMADS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBERS OR OTHER THIRD PARTY.

17. 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 WEBSITE AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EQUIPMENT VIA THE WEBSITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SURFY NOMADS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER SURFY NOMADS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, COLLECTIVE CONTENT 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 WEBSITE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION 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 SURFY NOMADS 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.

18. Indemnification

You agree to release, defend, indemnify, and hold Surfy Nomads and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Website or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of any Equipment, or (iii) creation of a Listing; (d) the use, condition or Booking of any Equipment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of any Equipment.

19. Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional Surfy Nomads policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms and Conditions constitute the entire and exclusive understanding and agreement between Surfy Nomads and you regarding the Website, Collective Content , and any Bookings or Listings of Equipment made via the Website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Surfy Nomads and you regarding Bookings or listings of Equipment, the Website, and Collective Content (excluding Payment Services).

20. Dispute Resolution

Surfy Nomads encourages You to try and resolve disputes (including claims for damage) with other Surfy Nomads Users directly. Accordingly, You acknowledge and agree that Surfy Nomads may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.

If Surfy Nomads provides information of other Surfy Nomads Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Surfy Nomads against any claims relating to any other use of information not permitted by this Agreement.

21. General

The failure of Surfy Nomads 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 Surfy Nomads. 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.

22. Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

23. Contacting Surfy Nomads

If you have any questions about these Terms or any App Store Sourced Application, please contact Surfy Nomads.