Terms and Conditions
Last updated: August 04, 2025
General
These Terms and Conditions govern the relationship between SURF NEUTRAL (PTY) LTD., a private company incorporated under the laws of South Africa, with registered office at 32 Keurboom Street, 6330 Jeffreys Bay, South Africa, registered under number 2018/048607/07 (hereinafter the "Company"), and you, either a user (hereinafter "User" or "Users") accessing and using the Company's website, including subdomains, mobile, tablet, and other smart device applications, and application program interfaces (collectively, the "Platform"), or a Provider as defined below.
The Platform is an online marketplace enabling Users to lease surf gear and equipment (hereinafter "Gear") from third parties (hereinafter "Provider" or "Providers") or the Company and/or utilize surfing-related services (hereinafter "Services") provided by Providers or the Company. These Terms and Conditions also govern the relationship between Providers and the Company. Providers are independent, third-party contractors and not employees, agents, joint venturers, or partners of the Company.
The Company may amend these Terms and Conditions for reasons such as enhancing Platform functionality, implementing technological advancements, ensuring Platform operability or security, or complying with legal or regulatory requirements. Material changes will be communicated to Users and Providers with appropriate notice.
Account Registration
To access the Platform, Users and Providers must create an online account (hereinafter "Account").
Users and Providers must provide accurate, current, and complete personal information during registration and maintain up-to-date Account details.
Users and Providers are responsible for safeguarding their Account credentials and must not disclose them to third parties. They must promptly notify the Company of any suspected or actual unauthorized use, loss, theft, or compromise of credentials.
During registration, Users and Providers will create a password for accessing confidential Platform information and functions. Users could also create a personal identification number (PIN) for authentication.
Users and Providers are liable for all activities conducted through their Account unless such activities are unauthorized and they have not been negligent (e.g., failing to report unauthorized use or credential loss).
Content
Providers may create a personal page on the Platform for branding purposes, uploading content such as pictures, text, messages, information, descriptions, or other materials (hereinafter "Content").
Provider Content and personal information will not be disclosed to Users until the Provider registers at least one self-designed surfboard on the Platform.
Providers must: (i) provide complete and accurate Gear and Service details (e.g., description, location, availability), (ii) disclose any deficiencies, restrictions, or requirements (e.g., minimum age, proficiency, or fitness levels), and (iii) supply any additional information requested by the Company. Providers are responsible for keeping this information current.
Images, animations, or videos uploaded by Providers must accurately reflect Gear quality and condition. The Company may require images to meet specific format, size, or resolution standards.
The Company may, but is not obligated to, monitor, review, or edit Content. It reserves the right to remove or disable access to Content that, in its sole discretion, violates these Terms and Conditions, without prior notice.
Providers are solely responsible for their Content, warranting that they: (i) own or have all necessary rights, licenses, consents, and releases to grant the Company rights to such Content, and (ii) ensure that their Content and the Company's use thereof does not infringe third-party intellectual property, privacy, or publicity rights, or violate applicable laws.
Providers must not upload Content that is: (i) fraudulent, false, misleading, or deceptive; (ii) defamatory, libellous, obscene, pornographic, vulgar, or offensive; (iii) discriminatory, bigoted, hateful, harassing, or harmful; (iv) violent, threatening, or promotes violence; or (v) promotes illegal or harmful activities or substances.
The Company may remove or disable Content violating applicable laws, these Terms and Conditions, or Company policies, or deemed harmful or objectionable to the Company, Users, Providers, third parties, or their property.
Transactions
All transactions for leasing Gear or using Services are conducted directly between Users and Providers. The Company facilitates these transactions through the Platform but is not a party to them.
Users and Providers are responsible for agreeing on payment terms and methods directly. The Company does not handle or process payments and assumes no responsibility for payment disputes or issues arising from direct transactions.
Reservation, Booking, and Lease Agreements
Only registered and validated Users may make reservations through the Platform's booking process. All applicable fees, including lease fees and taxes, will be presented to the User prior to booking (hereinafter "Total Fee").
Upon agreement between the User and Provider, the User will receive a booking confirmation from the Company, forming a legally binding lease agreement between the User and Provider. A sample lease agreement is available at https://surfneutral.freshdesk.com/a/solutions/articles/43000608048 .
The Company is not a party to any lease agreement between Users and Providers.
Promotions
Contests, sweepstakes, or other promotions offered by the Company through the Platform may be subject to separate terms and conditions.
Fees
No subscription fee is currently required to use the Platform. The Company reserves the right to introduce subscription fees for new features in the future, with adequate notice provided before implementation.
Providers may set their own lease prices for Gear, which must include applicable taxes (e.g., VAT). Once a User requests to rent Gear, Providers may not demand a higher price than initially indicated.
Providers are solely responsible for determining and fulfilling their obligations to report, collect, remit, or include applicable taxes (e.g., VAT, sales taxes, occupancy taxes, or income taxes) in their pricing.
Users acknowledge that local tax authorities may require taxes to be collected and remitted on the lease price, which may vary by jurisdiction (e.g., as a percentage or fixed amount).
Availability, Errors, and Inaccuracies
The Company regularly updates the Platform but is not liable for dysfunctionality, inaccurate descriptions, or unavailability of Gear or Services.
The Company does not guarantee the accuracy or completeness of information (e.g., prices, Gear images, specifications, or availability) uploaded by Users or Providers.
The Company reserves the right to modify or correct information, including errors, inaccuracies, or omissions, without prior notice.
Insurance
Providers are solely responsible for insuring their Gear.
Copyright Policy & Intellectual Property
The Company respects intellectual property rights and responds to claims of infringement related to User-uploaded Content. Copyright owners alleging infringement must submit a written notice to "Copyright Infringement" at dmca@surfneutral.com, detailing the alleged infringement.
The Platform's original content (excluding User-provided Content), features, and functionality remain the exclusive property of the Company. Unauthorized use, display, mirroring, or framing of Platform elements, including the Company's name, trademarks, logos, or page designs, is prohibited without express written consent.
Links to Other Websites
The Platform may include links to third-party websites or services (e.g., http://www.winklecard.com , http://www.freshworks.com ) not owned or controlled by the Company.
For support, the Company uses Freshworks to manage requests and issues. Freshdesk's terms and conditions are available here, and its privacy policy is available here.
The Company is not responsible for the content, privacy policies, or practices of third-party websites or services, nor for any damage or loss arising from their use.
Termination
Users may terminate their Account at any time via the Platform's termination procedure.
The Company may suspend or terminate User or Provider access to the Platform without notice if they: (i) materially breach these Terms and Conditions or Company policies, (ii) violate applicable laws or third-party rights, or (iii) pose a risk to the safety or property of the Company, Users, or third parties.
If a Provider deletes their Account, uploaded Gear images will remain visible to Users, branded as "Ghost Brand" and attributed to "Ghost Shaper" or "Ghost Surfer".
Limitation of Liability
The Company, its directors, employees, partners, agents, suppliers, or affiliates shall not be liable for direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, or goodwill, resulting from:
- Access to, use of, or inability to use the Platform;
- Third-party conduct or content on the Platform;
- Content obtained from the Platform;
- Unauthorized access, use, or alteration of transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether the Company was informed of potential damages.
The Company's liability is limited to gross negligence, excluding consequential damages (e.g., lost profits or income) or third-party claims against Users or Providers. Liability is capped at ZAR 500.00, whether contractual or non-contractual.
Disclaimer
The Company, its subsidiaries, affiliates, and licensors do not warrant that: (i) the Platform will function uninterrupted, securely, or at any specific time or location; (ii) errors or defects will be corrected; (iii) the Platform is free of viruses or harmful components; or (iv) Platform use will meet User or Provider expectations.
Governing Law
These Terms and Conditions are governed by South African law, without regard to conflict of law provisions. Disputes regarding validity, interpretation, or implementation fall under the exclusive jurisdiction of South African courts.
The Company's failure to enforce any right or provision does not constitute a waiver of those rights.
If any provision is deemed invalid or unenforceable, the remaining provisions remain in effect.
Changes
The Company may modify or replace these Terms and Conditions at its discretion, with notice provided for material changes.
Contact Us
For questions about these Terms, contact us at termsandprivacy@surfneutral.com.
South Africa Office
Surf Neutral (PTY) LTD
32 Keurboom Street
6330 Jeffreys Bay
South Africa
