Please read these Terms of Use carefully before using our website at https://surff.io (our “Website”), including before taking part in any public vote, poll or survey on it. By using our Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, please do not use our Website.
Who we are and what this agreement does
We are Surff Limited, a company incorporated in England and Wales under company number 15411120 and with our registered office at Collingwood Buildings, 38 Collingwood Street, Newcastle, NE1 1JF ("we", "us", "our" or "Surff").
These Terms of Use govern your use of our Website, including the public votes, polls and surveys we make available on it.
References in these Terms of Use to “you” or a “User” are to any person who visits or uses our Website.
Your privacy
Surff values the privacy of its Users very highly. We aim to be fully compliant with applicable data protection and privacy laws.
Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information.
Support and how to contact us
Support: If you have any questions about our Website, please see our support resources at surff.io/contact.
Contacting us (including with complaints). If you wish to contact us for any reason, please email our team at [email protected].
How we will communicate with you. If we need to contact you, we will use the contact details you provide to us (for example, if you submit a query or feedback through our Website).
Changes to these Terms of Use
We may need to change these Terms of Use from time to time to reflect changes in law or best practice, or for other reasons which we (acting reasonably) consider warrant changes.
Wherever reasonably possible, we will post details of any change on our Website before it takes effect. Your continued use of the Website after a change takes effect means you accept the updated Terms of Use.
If you do not accept the changes, you should stop using our Website.
We are not responsible for other websites you link to, visit or browse
Our Website may contain links to other independent websites which are not provided by us. Those sites are not under our control, and we are not responsible for, and have not checked or approved, their content or their privacy policies (if any), or how they may collect or use your data.
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
Acceptable use restrictions
You must:
not use our Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our Website or any operating system;
not infringe our intellectual property rights or those of any third party in relation to your use of our Website;
not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Website (including in any vote, poll or survey response you submit);
not use our Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
not collect or harvest any information or data from any part of our Website or our systems, or attempt to decipher any transmissions to or from the servers running our Website.
Intellectual property rights
All intellectual property rights in our Website, throughout the world, belong to Surff (or its licensors). You may use our Website only as permitted by these Terms of Use.
Your contributions (votes and survey answers)
When you submit a vote, poll response or survey answer on our Website, you grant Surff a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, store, reproduce, aggregate, publish and display that contribution (including in anonymised and aggregated form) for any purpose connected with our business, including operating and promoting our Website and producing aggregated insights and reports. You confirm that your contributions are your own and do not infringe the rights of any third party. Participation is anonymous, and you must not include personal data about yourself or any other person in your responses.
Our responsibility for loss or damage suffered by you
We will provide our Website using reasonable skill and care. If you experience problems with our Website you may contact us as described above and we will use reasonable endeavours to help. However, beyond this (to the fullest extent that the law permits) we do not give any warranties or guarantees about our Website. In particular, we do not guarantee that our Website, or any vote, poll or survey on it, will be uninterrupted, error free, accurate or complete.
We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we will only be responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. Nothing in these Terms of Use affects your statutory rights as a consumer.
We are not liable for business losses. Our Website is for domestic and private use. If you use our Website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Check that our Website is suitable for you. Our Website has not been developed to meet your individual requirements. Please check that its facilities and functions meet your requirements.
We are not responsible for events outside our control. If our provision of our Website is prevented, interrupted or delayed by an event outside our control, we will take reasonable steps to minimise the effect of the event, and we will not be liable for problems or delays caused by the event.
You may stop using our Website at any time.
We may end your right to use our Website if you break these Terms of Use.
We may end or suspend your right to use our Website at any time if you have broken these Terms of Use in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
We may withdraw our Website on reasonable notice.
We may withdraw or change our Website (or any vote, poll or survey on it) at any time. Wherever possible, we will give reasonable notice on our Website before doing so.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this agreement.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these Terms of Use to another person if we agree in writing.
No rights for third parties
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this agreement, we can still enforce it later
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this agreement and where you may bring legal proceedings
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.