1. Offer and Agreement
1.1 In these terms of use, the term "SURFFE" means all SURFFE websites.COM (i.e. SURFFE.COM, SURFFE.CO.UK & SURFFE.NL) and the affiliate sites per nation, managed by and lawfully owned by SURFFE based in Amsterdam (KvK 34295128), The Netherlands. Any visitor to SURFFE immediately and undoubtedly recognizes the existence of SURFFE's terms of use as a user and is committed to carefully read them, so to be aware of the user's rights and obligations when using SURFFE. Through use of SURFFE in any way (accessible via surffe.com and the affiliate sites per nation or indirectly through other websites) imply the acceptance of these Terms of Use.
1.2 Each User visiting / using the publicly accessible areas of SURFFE, agrees to respect the law on privacy and will not reuse any data within SURFFE in any way.
1.3 By using SURFFE each User amends that someone who makes use of SURFFE on User's computer will also adhere to these terms of use.
1.4 This Terms of Use refer to all services which SURFFE offer to its users. Deviations from these conditions are only valid if explicitly agreed to in writing by SURFFE and User.
1.5 SURFFE has the right to adjust these Terms of Use at any time, but will inform its users within a 14 (fourteen) days notice by e-mail and report on the start page (home) of SURFFE. The latest terms of use can be consulted at SURFFE. If User continue to use SURFFE after the 14 (fourteen) days notion, it implies that they irrevocably accepts the adjustment. It is therefore recommended to keep changes to the terms of use in good attention.
2. Conditions
2.1 SURFFE's mission is to provide its users a most accessible service as possible and on a free basis under the terms and conditions as stipulated herein. (i) SURFFE JOBS is a search engine for job advertisements; (ii) SURFFE WEBSITES is a search engine for websites.
2.2 SURFFE does not regulate the communication among or between users in the service of SURFFE, which implies the responsibility rests with users themselves. SURFFE has a limitation in control of security, legitimacy, integrity or accuracy. SURFFE is not liable for acts or omissions of users, including files, data and / or materials available at SURFFE. SURFFE provides no guarantees regarding the content of files, data and / or materials used by users are available. However SURFFE strives to maximize transparency where a self-regulating effect is encouraged and supported so that undesirable excesses can be detected and filtered.
2.3 SURFFE is entitled to put its services (temporary) out of use without prior notice or to limit the service of SURFFE without any reason and to do so without arising any right to compensation against SURFFE.
2.4 Users oblige themselves to the confidentiality of information when it is reasonable to assume that it is of a confidential nature in the context of SURFFE. References to users, will only be released on condition that they are explicitly requested by SURFFE and according to the on SURFFE described procedure.
2.5 SURFFE is entitled to temporarily restrict and / or end User's activities in connection to their user account on SURFFE and / or delete files and / or data and / or remove materials and issue other users a warning to refuse services to the User, in particular when (but not limited to) if: You act in violation of these Terms of Use, SURFFE is unable to verify or identify any information that User provides to SURFFE and SURFFE finds User's actions damaging or a liability to User and / or other users and / or SURFFE. SURFFE will in no way be liable for this to the User.
2.6 The User activities carried out as part of SURFFE may not (i) be based on untruths or be misleading, (ii) infringe rights of third parties, including copyright, neighbouring rights, trademark rights or any other intellectual property rights or rights relating to the protection of privacy, (iii) conflict with any law, legislation, regulation or other applicable rules, (iv) contain viruses, Trojan horses, worms, bots or other software that as an automated work or data could damage, disable or disabling create, delete or appropriation.
2.7 User on SURFFE may not discriminate towards appearance, race, religion, sex, culture, descent, or as otherwise could be specified as offensive, call for violence and / or harassment of other users, contrary to morals or good taste or refer to pornographic material, misuse available personal data in a way that encourages or commits any illegal activities and / or where commercial activities are involved (such as advertisements, spam, lotteries, contests, or pyramid games, etc.) without prior written consent of SURFFE.
2.8 If one or more conditions of these Terms of Use are declared invalid or annulled, the remaining conditions will still remain applicant.
3. Intellectual property
3.1 Under the conditions stated in these Terms of Use, the User retains copyright and other intellectual property rights belonging to User on the files available on SURFFE.
3.2 User acknowledges and agrees that by sharing files, data and / or materials on SURFFE, SURFFE automatically: (a) receives a free, unencumbered, worldwide, non-exclusive license to (i) stocks, information and / or materials to distribute and publish it in connection with the services and / or services of SURFFE and (ii) to other users for files, data and / or materials to be used after agreement expressly so provided in connection with the services and / or services of SURFFE, (b) the right to remove any of the posted files, data and / or materials from the servers of SURFFE and the services and / or services of SURFFE, intended or unintended, under whatever reason, and without SURFFE in any way being liable for the intellectual property of User or third person.
3.3 The license referred to in Article 3.2 terminates when User removes such files, data and / or materials from SURFFE.
3.4 User acknowledges and agrees that the files, data and / or materials made available to SURFFE, also can be released to other individual users of SURFFE. SURFFE accepts no liability for infringement by users of SURFFE of these Terms of Use. User acknowledges that the possibility exists that the files, data and / or materials made available to SURFFE, can be used in a way that is contrary to and / or unforeseen in these terms of use. SURFFE is not liable for any breach by another user with these Terms of Use or any statutory provision or other unlawful act by another user.
3.5 User's warrants to SURFFE that they are fully entitled in respect of the files, data and / or materials referred to in Article 3.2 and that they are fully powered and authorized to provide the license referred to in these Terms of Use. User indemnifies SURFFE and all its affiliates and persons and other users of SURFFE for all claims of third parties based on the claim that the files, data and / or materials in breach of any applicable (intellectual property / rights of third parties or otherwise unlawful towards third parties and all claims arising from users acting in breach of any warranty provided in these Terms of Use. All SURFFE costs and damages in any way related to these claims will be reimbursed by User.
3.6 By making files, data and / or materials available to SURFFE, the User ensures that (a) it is competent to do so in accordance with these terms of use and that User is entitled to lending SURFFE the rights referred to in these terms of use, (b) any file, and / or material that User makes available is original, (d) the files, data and / or materials made available by the User does not breach any law or infringing any rights of third parties, including contractual rights, intellectual property rights, privacy rights or otherwise unlawful towards third parties or SURFFE, and that no permission or license is necessary or required of User or any third party, (e) User is not restricted by any lack, limitation or prohibition with respect to User's right to act in accordance with these terms of use and / or files, data and materials available, (f) SURFFE will not be obliged to any payment of any kind to anyone, including persons and parties whose performance or concepts contained in the files, data and / or materials available to User, or the publisher (s) or creator (s) thereof.
4. Responsibility
4.1 Even as much as SURFFE will try to make users integer and controllable, as stated in the goals of these terms of use, the objective of transparency will never be complete. As SURFFE does not want to be liable and become lodged in the behaviour of users of SURFFE, the User hereby relieves SURFFE (and all its associated parties and persons) in case of a business dispute or any claims, demands and damage requests (actual and future, direct and indirect) of any kind or nature, known or unknown, disclosed or concealed and arising from here. In addition, User should be noted that by acting on the information provide by SURFFE a possible risk exists of encountering persons acting under false pretences.
4.2 In no case is SURFFE liable for indirect and / or consequential damages, including also business interruption, lost income, unsatisfactory functioning project efforts, damage to goodwill or lost savings. SURFFE can also never be liable for any direct or indirect damage arising from or related to the use of SURFFE, or the inability to use and / or any related services of SURFFE.
4.3 SURFFE therefore can not ensure that at any time the service of SURFFE is accessible without interruptions or malfunctions. The aim is to scheduled maintenance during the most favourable hours (i.e. between 03:00 and 05:00 GMT) to take place.
4.4 SURFFE can not be held to fulfil any obligations if SURFFE has been prevented due to other causes.
4.5 Others causes of Article 4.4 are considered to be, any circumstances independent of the will of SURFFE by which the fulfilment of its obligations to others are fully or partly prevented or that the fulfilment of such obligations can not reasonably be required of SURFFE regardless of whether the phenomenon at the time of concluding the Agreement was to be expected. Those circumstances in any case are ( but not limited to the following): government-imposed obligations that affect the provision of services, failures in systems that form part of the Internet, disruptions in telecommunication infrastructure, loss of electricity of SURFFE.
4.6 SURFFE will work to correct any faults in the access to SURFFE and / or use of the technical infrastructure of SURFFE as soon as possible, and although SURFFE strives to do so, it can not reasonably guarantee an uninterrupted availability of SURFFE. Any costs resulting from repairing the failure are borne by users, when the interference is caused by users and / or third party, by whose act or omission of User can be allocated, and / or who act contrary to these terms of use. SURFFE also has the right to temporarily put SURFFE out of use when repairing the failure without being obliged to compensate damages of users. SURFFE reserves the right to make changes in the (access to) SURFFE, if appropriate for the operation of SURFFE. If such changes directly affect the way users access and / or use of SURFFE, SURFFE will inform users about the changes as soon as possible.
4.7 SURFFE includes e-mail addresses and hyperlinks to other websites, and is not responsible for the content and operation of this e-mail addresses and web sites and therefore accepts no liability for it. The use of this e-mail addresses and websites is also User's own responsibility.
4.8 SURFFE is not liable to User for any damages arising from the transmission of viruses and / or other irregularities in the electronic communication, and not for damaged or receive messages. However, SURFFE will provide proper protection against this on its systems and SURFFE is required to notify its users within 24 hours via e-mail and a posting on SURFFE, and when a damage or a leak in its files or digital systems has been completed and SURFFE has concluded such.
4.9 The limits of liability in this article do not apply in case to damages caused by intent or deliberate recklessness on the part of SURFFE or its managerial staff.
5. Rights and Obligations
5.1 The User is not allowed to transfer the rights and / or obligations under any agreement with SURFFE to third parties without the prior written consent of SURFFE. In turn SURFFE may restrict such a consent to further conditions.
5.2 SURFFE is granted to transfer the rights and / or obligations of any User Agreement to third parties with the prior written consent of User. Such a consent is not necessary if the third party, in case of merger or take over, integral and unchanged continues the activities of SURFFE.
5.3 SURFFE will try to provide support to its users, and provide in a responsible maintenance of SURFFE.
5.4 It is not allowed to copy, reproduce, translate, (de) assembly, (de) compile and / or change SURFFE, or parts of SURFFE without prior written consent of SURFFE, under penalty of an immediately due fine of not less EURO 50,000.00 (fifty thousand euros) per event.
6. Privacy
6.1 SURFFE collects and processes information relating to users of SURFFE bring attention to and realisation of the services of SURFFE. The processing of personal data of SURFFE-users focus on:
- Provision of the said services, including the desire to keep a high quality available
- Developing and improving existing and new services
- Enforce compliance with SURFFE's policies and use
- Answering and fulfilling users' questions
- Analyzing data for statistical purposes for internal use by SURFFE
- To (let) assess and accept information that users wish to place
- Providing information on services of SURFFE and to carry out promotion in this regard.
The information available through user on SURFFE can further be used to inform users about SURFFE and possible changes regarding the use of SURFFE.
6.2 SURFFE's user lists are not sold, rented or leased to third parties. SURFFE may from time to time contact User on behalf of external business parties on certain offers that may be of interest to users. In such cases, user's personal data (e-mail address, name, address and telephone number) is not transferred to the corporate parties. Sensitive personal data, such as race, religion or political conviction, are not used by SURFFE or released without the User's explicit permission. SURFFE hires other companies to a minimum in order to support SURFFE in implementations, such as processing of transactions, or performing statistical analysis of SURFFE services. SURFFE provides businesses only the personal information they require to provide the needed service. Related companies are obliged to keep data confidential and are not allowed to use these data for any other purpose. SURFFE aims to maximize the above services to take place in house in order to improve security and protection of personal data.
6.3 SURFFE is allowed to release personal data when it is required by law or if the firm beliefs that such action is necessary: (a) to act in accordance with the regulations or a subpoena addressed to SURFFE, (b) to protect or defend the property rights of SURFFE (SURFFE including its website) (c) to act on urgent circumstances as to protect the personal safety of users of SURFFE or to others.
6.4 SURFFE may collect and analyze data via cookies. A cookie is a small text file that contains relevant information that our Web server can retrieve from your browser. SURFFE's web server can only retrieve cookies that are relate to the information exchanged between users and SURFFE via the Internet. Cookies that do not posses security sensitive information, could be stored unto User's hard disk, so they will be available the next time they visit the website. User is free to allow the use of cookies or disallow them by the settings of User's browser. If the User does not want to use cookies, the information will no longer be saved by User's browser, and the information will be requested to re-entered at each web visit. Nevertheless, the use of the open domain of SURFFE is possible without cookies. The settings regarding cookies may vary per Internet Browser.
6.5 SURFFE is committed protect User's personal data. SURFFE uses a variety of security technologies and procedures to protect User's personal data against unauthorized access, use or disclosure. For example SURFFE stores the User's personal data on computer systems, which only a limited number of persons have access to and which are located in secured facilities. In SURFFE, all data (like a password) that are transmitting over the Internet, always are protected by encryption, according to the latest market conditions encryption, the SSL protocol (Secure Sockets Layer). In addition, all user data is stored encrypted in the database of SURFFE.
6.6 SURFFE-webpages may include web beacons (electronic images known as "single-pixel gifs') to help determine how many users have visited the page. SURFFE can also include Web beacons in promotional e-mails or newsletters to determine whether messages have been opened and used. On the basis of this information SURFFE can then offer similar services. SURFFE can also place web beacons from third parties on the site, with which the combined statistics and the effectiveness of SURFFE's joint promotional or advertising can be determined. Third-party web beacons are not used to access personal data. It is also possible that SURFFE cooperates with other companies who advertise on SURFFE and places web beacons on their sites, so SURFFE can develop statistics on how often clicking on an ad on SURFFE led to a purchase or other action at the site of relevant advertiser.
6.7 SURFFE provides users the opportunity to send messages to other users on SURFFE. Users may only use this opportunity to bring content to the attention of other users that is potentially relevant to them. SURFFE sends these messages to and on behalf of users. The messages contain a link to the relevant Content. The user who receives the message, needs to login before the user can take knowledge of the content. SURFFE also advises users to take the necessary precautions when sending messages via SURFFE and advise users in particular to any refrain from sending personal information in the communication.
7. Disputes
7.1 On all agreements between Users and SURFFE Dutch law is applicable. Only a Dutch court of law in the district of Amsterdam has jurisdiction to judge disputes between Users and SURFFE.
7.2 The liability of any kind under SURFFE is expressly limited to a cumulative € 50.00 (fifty Euro). Any further liability of SURFFE is excluded unless there is demonstrable intent or gross negligence on the part of SURFFE.
7.3 User will indemnify SURFFE against claims of third parties, including members of SURFFE, in connection with the execution of any agreement injury arising out of acts or omissions of User.
