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Terms of Service

Last update: August 10, 2015

These Terms of Service (“Terms”) govern your use of the Surf&Yoga ink. (“Surf&Yoga”) website and mobile version (, the “Site”) and the Surf&Yoga services (“Services”). These Terms apply to all users of the Site and Services. By accessing or using the Site or Services, you agree to these Terms.

  

  1. Purpose of the Site and Services

The Site and Services provides a marketplace platform where a person of any level of practice (“Client”) and yoga and surf Instructors (“Instructors”) with the specific skill-set and interest can respectively buy and sell yoga and/or surf lessons and sessions in their location or any other location. Clients can locate Instructors, schedule appointments, communicate with Instructors, and pay for the lessons and sessions using the Site and Services. Instructors can post surf or yoga sessions and lessons, schedule appointments, communicate with Clients, and receive payment using the Site and Services.

The Site and Services may only be used to obtain or offer the Services; no other services may be obtained or offered. Instructors are not employees of Surf&Yoga and Surf&Yoga is not hiring an Instructor for a Client. As between Surf&Yoga and any Instructor, Instructors are responsible for paying any taxes required by law. Surf&Yoga may, but is not obligated to, conduct reviews, verifications, and background checks of Clients and Instructors. Nonetheless, Surf&Yoga does not have control over the quality, timing, or legality of the services actually delivered by Instructors, nor of the integrity, responsibility or actions of Clients or Instructors and we make no warranties or guarantees about them.

 

  1. Eligibility and User Account

To use the Site and the Services you must be 18 or older and create a Surf&Yoga’s account (“User Account”). By registering a User Account, you hereby represent and warrant that you are 18 or older.

Users agree and accept that all of the information they provide to Surf&Yoga when setting up their User Account and at any other time will be true, complete and accurate in all respects.

 

  1. Additional Terms

Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.

 

  1. Acceptable Use of the Site and Services

You understand and agree that you are solely responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not:

  • violate any law or regulation;
  • violate or infringe the rights of any person including but not limited to their intellectual property, privacy, publicity, or other legal rights;
  • offer or accept payments using any method other than the payment method(s) made available on the Site
  • use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
  • transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
  • send unsolicited or unauthorized advertising or commercial communications, such as spam;
  • transmit any malicious code or computer viruses;
  • stalk, harass, or harm another individual;
  • impersonate or misrepresent your affiliation with someone else;
  • use any means to “scrape,” “crawl,” or “spider” any web pages contained in the Site (although Surf&Yoga does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, and Surf&Yoga reserves the right to revoke these exceptions either generally or in specific cases);
  • use automated methods to use the Site or Services in a manner that sends more requests to the Surf&Yoga servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
  • register for more than one Surf&Yoga account or register for an Surf&Yoga account on behalf of an individual other than yourself;
  • recruit or otherwise solicit any user to join third party services or websites that are competitive to Surf&Yoga, without Surf&Yoga prior written approval;
  • use, display, mirror, or frame the Site or any individual element within the Site or Services, Surf&Yoga’s name, any Surf&Yoga trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Surf&Yoga’s express written consent;
  • access, tamper with, or use non-public areas of the Site, Surf&Yoga’s computer systems, or the technical delivery systems of Surf&Yoga’s providers;
  • attempt to probe, scan, or test the vulnerability of any Surf&Yoga system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Surf&Yoga or any of Surf&Yoga’s providers or any other third party (including another user) to protect the Site or Services;
  • attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

 

You acknowledge that Surf&Yoga has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content (as defined below), but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law.

 

If you come across any content that may violate our Terms, you should report it to us.

Surf&Yoga reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms or due to any illegal or inappropriate use of the Site or Services. Violation of our Terms may get your account disabled permanently. Users with disabled accounts will not be able to use the Sites and Services.

 

  1. User Content

You own all content and information you post or share using the Site or Services (referred to as “User Content”). You give Surf&Yoga permission to use your User Content as follows: you grant to Surf&Yoga and its affiliates a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Surf&Yoga, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.

You represent and warrant that:

  • you own all rights to your User Content or, alternatively, that you have the right to give Surf&Yoga the rights described above;
  • you have paid and will pay in full any fees or other payments that may be related to the use of your User Content;
  • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; and
  • your User Content is not defamatory, misleading or offensive.

We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.

 

  1. Ownership

Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content”) and Surf&Yoga’s trademarks, logos, and brand elements (collectively, the “Marks”). We reserve all rights not expressly granted to you.

 

  1. Copyright Policy

We respect the intellectual property rights of others. Surf&Yoga does not check Users Content for appropriateness, violation of copyright, trademarks, other rights and violations. Users are expressly asked not to publish any content that infringes any other personal rights (e.g copyright). Any such content is against Surf&Yoga’s policy and Surf&Yoga does not accept liability in respect of such content, and the user responsible will be personally liable for any damages or other liability arising and agrees to indemnify Surf&Yoga in relation to any liability it may suffer as a result of any such content. We encourage everyone or report violations together with proof of ownership as appropriate. As soon as Surf&Yoga is made aware of infringing content, Surf&Yoga shall do everything it can to remove such content from the Site as soon as possible. Reported violating content may be removed or disabled.

 

  1. Privacy

Surf&Yoga takes the protection of your privacy very seriously. You agree that Surf&Yoga’s Privacy Policy (as may be updated from time to time) governs Surf&Yoga’s collection and use of your personal information. Please read our Privacy policy to learn how we collect, use, and disclose information about you.

 

  1. Third Party Content and Interactions

The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Surf&Yoga, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including Clients and Instructors, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Surf&Yoga is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that Surf&Yoga is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release Surf&Yoga and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.

 

  1. Payment

Clients

Standard Pricing

When a Client schedules a lesson or session with an Instructor through the Site, the Client must provide requested payment card information. At that time, a temporary hold of the total amount of the lesson or session will be placed on the Client’s payment card. Payment for the lesson or session will be processed 24 hours after completion of the lesson or session.

Surf&Yoga Service fee (as defined below)is non-refundable if the cancellations are made within 5 days of the scheduled lesson or session.

If Client fails to pay the lesson or session whether by cancelling Client's payment card, initiating an improper chargeback, or any other means, Surf&Yoga may suspend or close Client's account and revoke Client's access to the Site, including Client's ability to use the Site to process any additional payments or obtain any additional lessons or sessions. Without limiting other available remedies, Client must pay upon demand for amounts owed under these Terms.

 

Refunds; Credits; Taxes

At Surf&Yoga sole discretion, refunds or credits may be granted as a result of specific refund guarantee promotions, or to correct any errors made by Surf&Yoga. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the Client shall be responsible for payment of all taxes, levies, or duties associated with his or her purchases hereunder.

Instructors

Pricing Models

A Surf&Yoga Client can purchase lessons or sessions through the Site using a one-time payment model, where the Client is charged for each purchase of a lesson or session. Instructors will be paid for completed sessions only. For avoidance of doubt, an Instructor will not be paid for cancelled sessions that are cancelled by the Instructor or by a Client more than 24 hours prior to the scheduled lesson or session.

Payment

When a Client schedules a lesson or session with an Instructor through the Site, the total amount for such lesson or session will be reserved from the Client’s payment card at that time. In consideration for the use of Surf&Yoga’s online market place and platform, Surf&Yoga charges a service fee to Client for each lesson or session (the "Service Fee"). Surf&Yoga will deduct the total amount paid by the Client for the scheduled lesson or session before remitting the balance to the Instructor.

 

Cancellation by Clients

A Client may cancel a lesson or session up to 24 hours prior to the scheduled lesson or session and obtain a full refund. Cancellations within 24 hours of the scheduled lesson or session, will result in a charge equal to the full amount due for the lesson or session, and no refunds will be provided (unless made in accordance with the Refunds; Credits; Taxes section above).

Cancellation by Instructor

In the event that the Instructor cancels a scheduled lesson or session 24 hours or more prior to the scheduled lesson or session, Client signed up for the scheduled lesson or session shall be entitled to a full refund for the cancelled lesson or session. 

If an Instructor cancels a scheduled lesson or session within 24 hours before the scheduled lesson or session, the Client signed up for the scheduled lesson or session shall be entitled to a full refund for the cancelled lesson or session, which will be deducted from any amounts previously paid to the Instructor, and, in addition, the Instructor shall further compensate the Client with a complimentary session, which shall be of substantiality same quality as the cancelled lesson or session.

Refunds; Credits

At Surf&Yoga’s sole discretion, refunds or credits may be granted to Clients as a result of specific refund guarantee promotions, or to correct any errors made by Surf&Yoga. Any refunds made to a Client will be deducted from any amounts paid to the Instructor. Surf&Yoga will provide any additional payment terms and details to Instructors.

  1. Links

The Site and Services may contain links to other websites, or allow others to send you such links. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.

  1. Changes to the Site or Services

Surf&Yoga enhances and updates the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.

  1. Termination

We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

  1. Disclaimer and Limitations on Our Liability

You use the Site and Services at your own risk. The Site and Services are provided on an “AS IS” and “AS AVAILABLE” basis to the fullest extent permitted by applicable law. Surf&Yoga and its officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, and licensors (referred to collectively as “Affiliates”) disclaim all warranties of any kind, express or implied, with respect to the Site and Services (including implied warranties of merchantability, fitness for a particular use or purpose, and non infringement).

 

Surf&Yoga is not liable, and you agree not to hold us responsible, for any damages or losses arising as a result of:

  1.     your use of or your inability to use our Site or Services;
  2.     delays or disruptions in our Site or Site Services;
  3.     viruses or other malicious software obtained by accessing, or linking to, our Site or Services;
  4.     glitches, bugs, errors, or inaccuracies of any kind in our Site or Services;
  5.     damage to your hardware device from the use of the Site or Services;
  6.     the content, actions, or inactions of third parties' use of the Site or Services;
  7.     a suspension or other action taken with respect to your account;
  8.     any third party product or services, including but not limited to, any services offered by Instructors, recommended, advertised, or offered on or through the Site or      Services or any linked website;
  9.    the cancellation of a lesson or session by Client or Instructor;
  10.    for any fraudulent useof payment instruments by a Client

 

  1.     your reliance on the quality, accuracy, or reliability of Instructors profiles, ratings, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Site; and
  2.     your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to these Terms;

You are solely responsible for your interactions with other users (including both Clients and Instructors). You understand that Surf&Yoga may not conduct criminal background checks or screenings on or any other screening of Client or Instructors. Surf&Yoga may not inquire into the backgrounds of all Clients or Instructors. Surf&Yoga makes no representations or warranties as to the conduct of Clients or Instructors or their compatibility with any current or future Clients or Instructors.

To the extent permitted by applicable law, neither Surf&Yoga and Affiliates, nor our third-party service providers will be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but nor limited to, personal injury, pain and suffering, emotional distress, litigation costs, installations and removal costs, or loss of data, production, profit, or business opportunities.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Surf&Yoga may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Surf&Yoga’s liability will be the minimum permitted under such law.

 

  1. Indemnification

You agree to indemnify, defend, and hold Surf&Yoga and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Surf&Yoga reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Surf&Yoga in such defense.

 

  1. Dispute Resolution between Clients and Instructors

Surf&Yoga shall provide users with a resolution assistance for any disputes that shall arise between Clients and Instructors in respect to the lessons and sessions.

Surf&Yoga is under no obligation to seek to resolve the dispute and this service is provided at Surf&Yoga sole discretion.

 

  1. Other Provisions

Under no circumstances will Surf&Yoga be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms shall be governed by and construed in accordance with the laws of Sweden, and any disputes arising in relation to these Terms shall be subject to the jurisdiction of the Courts of Sweden.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Surf&Yoga to enforce any right or provision of these Terms will not prevent Surf&Yoga from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.

 

  1. Changes to these Terms

Surf&Yoga may make changes to its Terms from time to time. When these changes are made, Surf&Yoga will make a new copy of the terms of service available on this page. You understand and agree that if you use Surf&Yoga after the date on which the Terms of Service have changed, Surf&Yoga will treat your use as acceptance of the updated Terms of Service.