Terms of Service

Use of Services

The services include the newsletters and websites that Surfbeers creates and composes as part of FairSights B.V. (hereinafter ‘Surfbeers’) and the self-guided Craft beer City Tours it sells. Any new features that are added to or extend the services are also subject to these Terms of Service (hereinafter 'terms'). By using our services, users accept these terms in full. People who do not agree with these terms should not use our services. We request users to read these terms carefully before using Surfbeers' services. These terms apply to all visitors, users and others who access or use our services. We reserve the right to change these terms at any time without notifying users in advance. Please check these terms and conditions regularly for updates.

Intellectual property

All of the content featured or displayed on our websites or in our newsletters, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations is owned or licensed to Surfbeers or is attributed by us to the, in our assumption, rightful owner. By using our services, users agree that they will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, contribute to the transfer or sale, create derivative works from, or otherwise exploit any of our products and services for their own gain, including framing, inline-linking, or mirroring any part of the services. Users may share our work on selected social media through the appropriate links on our websites or in our newsletters, but only if they attach any copyright or other proprietary rights embedded in or attached to the content and referencing Surfbeers with a link to our websites www.surfbeers.nl and www.surfbeerstours.com, but never in a way that suggests that Surfbeers consent to them or their use of the work.

Any of these terms may be waived if parties obtain permission from Surfbeers to do so. We ask parties to contact us if they wish to use our work, or any part of it, for commercial or other purposes.  Where the work or any of its elements is in the public domain under applicable law, its status is not affected in any way by any licence.

Acceptable Use

Our services may not be used in any way that causes or may cause damage to the services or restrict their availability or accessibility; or in any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Our services may not be used to copy, store, host, transmit, use, publish or distribute material consisting of (or linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits or other malicious computer software. No systematic or automated data collection activities, including but not limited to scraping, data mining, data extraction and data harvesting, may be performed on or in relation to our services without the express written consent of Surfbeers. Our services may not be used for marketing purposes without Surfbeers' express written consent.

Craft beer self-guided City Tours

The Terms of Service apply without exception to the self-guided Craftbeer City Tours (hereinafter referred to as “tour(s)”) offered by Surfbeers. By purchasing one of our tours, you agree to these terms and conditions. The tours consist of a route description and any supplementary information provided digitally (hereinafter also referred to as the “materials”). We do our best to keep the route descriptions and other information up to date and accurate, but we do not guarantee that they are completely error-free. Surfbeers reserves the right to modify or update the content of the tours at any time without prior notice. The tours are provided “as is” without any explicit or implicit warranties regarding their content or suitability.

Payment for a purchased tour must be made in full at the time of booking. Purchases of tours are final and once a tour has been purchased, no refunds or cancellations are possible, regardless of the reason. Tours are delivered digitally using the contact details you have provided. Please ensure these are entered correctly. It is your responsibility to have access to suitable equipment and a stable internet connection to download and use the materials. We are not liable for any damages or losses caused by technical problems. If you are unable to access a purchased tour due to such issues, please contact us. We will attempt to provide a solution, such as re-sending the materials.

The materials provided by us are subject to a limited, non-exclusive and non-transferable licence, valid  solely for personal use. It is not permitted to reproduce, modify, commercially use, sublicense, rent, lend, lease, or otherwise distribute the materials or any part thereof to third parties without our prior written consent. This also applies to altering or removing any trademarks, logos, copyright notices, watermarks, metadata or other proprietary features present in or on the materials.

Surfbeers is not liable for any delays or failure to fullfil obligations due to circumstances beyond our control (‘force majeure events’), such as natural disasters, strikes, pandemics, extreme weather conditions, or government measures. Participation in any tour is at your own risk. You are responsible both for your own safety, health, preparation and for any damage to your property, damage you cause to third parties and any other risks that may occur during a tour.

Disclaimer

The services are provided on an 'as is' and 'as available' basis without any representations or warranties, express or implied. Surfbeers makes no representations or warranties regarding these services or the information and materials provided as part of these services. Without prejudice to the generality of the foregoing, Surfbeers does not warrant that: (a) the services will be continuously available, or available at all, or (b) the information contained in the services is complete, true, accurate or non-misleading. Nothing in our services constitutes, or is intended to constitute, advice of any kind. Surfbeers sends newsletters only at irregular intervals. Subscribers to Surfbeers' services waive the right to suspend the performance of any obligation arising from this agreement.

The services as provided by Surfbeers are for general informational purposes only. The information included in our services is either our own content or content obtained from other sources. While we strive to keep the information up-to-date and accurate, the information contained in our services is provided as 'as is'. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the websites or the information, products, services or related graphics contained on the websites for any purpose. Any reliance users place on such information is therefore strictly at their own risk.

Users should be aware that we do not and cannot take responsibility for the accuracy of material obtained from other sources. Through our services, users may follow weblinks to other websites which are not under our control. We have no control over the nature, content and availability of those websites. The inclusion of links does not necessarily imply a recommendation or endorsement by Surfbeers of the views expressed on those websites.

Under no circumstances will Surfbeers be liable for any loss or damage, including but not limited to, indirect or consequential loss or damage, or any loss or damage resulting from loss of data or profits arising out of, or in connection with, the use of our services. Every effort is made to keep the services running smoothly. However, Surfbeers takes no responsibility for, and will not be liable for, the services being temporarily unavailable due to technical issues beyond our control.

You may not advertise or solicit on our websites without Surfbeers' express permission. Users who breach these terms of use are required to indemnify and hold Surfbeers harmless from and against all liabilities and costs of any kind arising from that violation.

Breaches of Terms of Service

Without prejudice to Surfbeers' other rights under these terms, if users breach these terms in any way, Surfbeers may take such action as Surfbeers deems appropriate to deal with the breach, including suspending access to our services, prohibiting access to the services, blocking computers with IP addresses from accessing the services, contacting users' Internet service provider to request it to block access to the services, and/or initiating legal proceedings against users.

Settlement of Disputes

In the event of disputes, which relate to an agreement signed by the parties or from agreements that build on it, the parties will in first instance endeavor to resolve this by means of mediation, in accordance with the Mediators Federation Netherlands Regulations (established in Rotterdam) as it stands at the starting date of the mediation. As long as the mediation has not ended, neither of the parties will submit the dispute to the court, except solely for the preservation of rights. Parties attend the first mediation meeting together. The parties are then free to terminate the mediation at any time. The mediation starts at the moment that the parties attend the first joint mediation meeting.

If it has proved impossible to resolve a dispute as referred to above with the help of mediation, the dispute will be settled in accordance with the regulations of the Dutch Arbitration Institute in Rotterdam.

Governing Law

Any claim related to Surfbeers’ service shall be governed by the laws of the Netherlands without regards to its conflict of law provisions.