SURF SLEEP TRAVEL
TERMS AND CONDITIONS

The proprietor and operator of the SURF SLEEP TRAVEL website at www.surfsleeptravel.com (hereinafter the ‘Website’) is Swell Foundry Limited (hereinafter, ‘Swell Foundry Limited’, ‘We’ or ‘Us’); a business registered in United Kingdom at Ambrose, New Polzeath, Wadebridge, Cornwall, PL27 6UA.

These Terms and Conditions (hereinafter, the ‘Terms and Conditions’) govern the use of the Service provided by Swell Foundry Limited. The scope of these Terms and Conditions shall extend to the Service and the Website, which has been developed and is operated by Swell Foundry Limited with an aim of provision of services to the user as set forth herein.

These Terms and Conditions are a reflection of the entire understanding of the relationship between Swell Foundry Limited and the User and it shall prevail any previous agreements, unless Swell Foundry Limited, expressly and in writing, states otherwise.

The standard language of the agreement is English and in case of any conflict between human-readable form and machine-readable form, the human-readable form shall prevail.

By using the Website, you agree to comply with and be legally bound by these Terms and Conditions (hereinafter the ‘Terms’), whether or not you become a registered user of the Services.
The Terms govern your access to and use of the Website and Services and constitute a binding legal agreement between you and Swell Foundry Limited. If you do not agree to these Terms, you shall refrain from using the Website and the Services.

THE WEBSITE AND SERVICES COMPRISE AN ONLINE PLATFORM WHICH ENABLES Travel Services ProviderS TO ADD THEIR PROPERTIES AND/ OR OFFER SURFING COURSES AND GUESTS MAY LEARN ABOUT AND BOOK ACCOMMODATIONS WITH THE Travel Services ProviderS. YOU UNDERSTAND AND AGREE THAT Swell Foundry Limited IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN Travel Services ProviderS AND GUESTS, NOR IS Swell Foundry Limited A REAL ESTATE BROKER, AGENT, INSURER Travel Services Provider OR SURFING COURSE PROVIDER. Swell Foundry Limited HAS NO CONTROL OVER THE CONDUCT OF Travel Services ProviderS, GUESTS AND OTHER USERS OF THE SITE AND SERVICES OR ANY ACCOMMODATIONS OR SURFING COURSES AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. DEFINITIONS
‘Accommodation’ shall mean the property which is listed by the Travel Services Provider on the Website;
‘Guest’ shall mean the User, as defined herein, who seeks accommodation and/ or surf courses via the Website;
‘Service’ shall mean the system provided by Swell Foundry Limited through the Website whereby Users can book Accommodation listed on the Website;
‘Swell Foundry Limited’, ‘Us’ and ‘We’: shall mean Swell Foundry Limited and/or any of its affiliate entities;
‘User’, ‘You’: shall mean any individual who accesses the Website and uses the Service provided thereon;
‘User Account’: shall mean the personal account of each User on the Website required to use the Service provided by Swell Foundry Limited, such as making a booking or listing;
‘Third Parties’: shall mean all other websites and entities that do not form part of Swell Foundry Limited;
‘Travel Service(s)’: shall mean services offered by Travel Services Providers referred to collectively, such as but not limited to accommodation and surf courses;
‘Travel Services Provider’ shall mean the User, as defined herein, who provides accommodation and/ or surf courses via the Website;
‘Website’: shall mean www.surfsleeptravel.com

2. WEBSITE USE AND SCOPE OF SERVICES

2.1 Swell Foundry Limited Service can be used to facilitate the listing, processing and booking of Accommodation and other Travel Services, such as surf courses. The Accommodation is listed on the Website by Travel Services Providers. You may view listings of Accommodation as an unregistered visitor to the Website and Service. Nonetheless, if You wish to book an Accommodation or create a listing, You must first register to create a User Account. Swell Foundry Limited does not provide, own or run any Travel Services itself and in particular we do not provide, own or run any Accommodation.
2.2 Swell Foundry Limited grants the User a right to use the Service on the terms and conditions set forth herein.
2.3 The Service is made available exclusively for personal and non-commercial use. The User shall not re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on the Website for any commercial or competitive activity or purpose.

3. BOOKINGS AND LISTINGS
3.1 When You make a booking on the Website, You understand and agree that You enter into an agreement for Travel Services and such agreement is entered into between the respective Travel Services Provider and Yourself and that Swell Foundry Limited is not a party to such agreement, as Swell Foundry Limited merely constitutes a platform to bring Guests and Travel Services Provider together. You understand and agree that it is the Travel Services Provider’s sole responsibility to provide You with the Travel Services. We are not responsible and shall not be held liable for the fulfilment of any booking made through the Website or for the availability or quality of any Accommodation or any other Travel Services that are booked.
3.2 If you are a Travel Services Provider:
3.2.1 You may create listings of Accommodation and other Travel Services, such as surf lessons (hereinafter the ‘Listings’). In order to create a Listing you will be asked a variety of questions about the Accommodation or Travel Service to be listed, including, but not limited to availability, Rates, On site amenities, Business Address, Facebook Page, Twitter Page, Email, Phone Number. Listings will be made publicly available via the Website. Other Users will be able to book your Travel Services via the Website based upon the information provided in your Listing.
3.2.3 You acknowledge and agree that You are responsible for any and all Listings posted by You. Accordingly, You represent and warrant that any Listing You post and the booking of, or a Guest’s stay at, an Accommodation in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), tax requirements, and rules and regulations that may apply to any Accommodation included in a Listing you post (including having all required permits, licenses and registrations), and will not conflict with the rights of third parties.
3.2.4 You understand and agree that Swell Foundry Limited does not act as an insurer or as your contracting agent. If a Guest books and stays at your Accommodation, You understand and agree that You enter into an agreement with such Guest and that Swell Foundry Limited is not a party thereto. Notwithstanding the foregoing, Swell Foundry Limited Payments serves as the limited authorised payment collection agent of the Travel Services Provider for the purpose of accepting, on behalf of the Travel Services Provider, payments from Guests of such amounts stipulated by the Travel Services Provider (including cleaning or other fees and/or Taxes).

3.2.5 You understand and agree that Swell Foundry Limited does not act as an insurer. We recommend You to obtain appropriate insurance for your Accommodations as well as a public liability insurance or similar if You provide surfing activities within your Travel Services.
3.2.6 You acknowledge and agree that You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation at your request or invitation, excluding the Guests.
3.3 If you are a Guest:
3.3.1 You need to have an operating PayPal account and be of legal age in order to use the Website, the Service and book Accommodation.
3.4 Swell Foundry Limited assumes no responsibility for a Travel Services Provider’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Swell Foundry Limited reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that We, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Website or Services.

4. USER ACCOUNT REGISTRATION AND TERMINATION
4.1 In order to access certain features of the Website and to book a Travel Services or create a Listing, You must register to create a User Account by registering on this page http://surfsleeptravel.com/?ptype=login with your email address, full name and password.
4.2 Upon creation of your User Account You will be given access to a profile page for your use of the Website and Services based upon the personal information You provide to Us. You may not have more than one (1) active User Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Swell Foundry Limited reserves the right to suspend or terminate your User Account and your access to the Website and Services if You create more than one (1) User Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
4.3 You are responsible for safeguarding your password and login (hereinafter the ‘Login Details’). You agree that You will not disclose your Login Details to any third party and that You will take sole responsibility for any activities or actions carried out or connected to your User Account, whether or not You have authorised such activities or actions. You shall immediately notify Us of any unauthorised use of your User Account.
4.4 User shall be held liable if any illegal or related activity has been committed using User Account.
4.5 Swell Foundry Limited reserves the right to suspend, temporarily restrict, limit, alter, modify, deactivate or permanently terminate User Account, block a User’s e-mail or IP address immediately without notice for any reason, including but not limited to the following conditions:
4.5.1 When We sincerely and reasonably believe or suspect that your activities are in violation of the Terms of Service and/ or Privacy Policy and/ or any related rule or guidelines released by Us at any point of time.
4.5.2 When We sincerely and reasonably believe or suspect that User’s activities directly threaten or harm the commercial or any related interest of Swell Foundry Limited.
4.5.3 When We sincerely and reasonably believe or have grounds to believe that User’s activities on the Website may give rise to legal disputes or liabilities for Swell Foundry Limited.
4.5.4 When User’s activities in the past have created or invited legal liabilities for Swell Foundry Limited.
4.5.5 When We sincerely believe, suspect or have evidence that User’s activities on the Website have infringed the intellectual property rights, whether Ours or of third parties.
4.5.6 When We sincerely believe, suspect or have evidence that your activities concerning dispute with another User have tarnished or might tarnish the images and goodwill of the Website and the Service.
4.6 TERMINATION OF ACCOUNT INCLUDES DENIAL OF ACCESS TO THE USER ACCOUNT, REMOVAL OF ANY CONTENT THAT THE USER HAVE POSTED OR OTHERS HAVE POSTED FOR THE USER AND DELETION OF USER ACCOUNT.
4.7 Swell Foundry Limited SHALL NOT BE HELD LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY TERMINATION OF A USER’S ACCESS TO THE SERVICE OR THE WEBSITE AND SHALL NOT BE BOUND TO PAY ANY AMOUNT OF COMPENSATION, BENEFIT, MONETARY OR NON-MONETARY, REFUND ETC. FOR ANY ACTION UNDER THIS SECTION RELATED TO SUSPENSION OR TERMINATION OF A USER ACCOUNT.
4.8 After the User Account termination User agrees not to intend to use the Service or the Website.
4.9 User reserves the right to terminate or delete their User Account without any prior notice to Us by following the procedures given on the Website. You may cancel your User Account by stating your user name and reason for closure in this form http://surfsleeptravel.com/contact-us/] or by sending an e-mail to support@surfsleeptravel.com
5. USER CONDUCT
5.1 At all times the User undertakes to:
5.1.1 Use the account in a lawful and ethical manner, which shall not be in conflict of the intent and purpose of the Service.
5.1.2 Refrain from carrying out any activity that violates any term of the Privacy Policy, Cookie Policy or Terms of Service.
5.1.3 Refrain from using the account to propagate hatred, disaffection or discontent among the local government or using our services for any political purpose.
5.1.4 Report to us any violation of the Privacy Policy and Terms of Service or any case of abuse, falsehood or offensive language.
5.1.5 Refrain from using abusive, obscene, defamatory, demeaning, libellous, threatening and offensive language while using our services.
5.1.6 Refrain from using their account to hurt religious sentiments of any person. NO content shall be sexually, racially, regionally or in any way objectionable.
5.1.7 Refrain from initiating or indulging in any activity that aims at disrupting, harming, overburdening of our system servers, computers and technical resources that have been employed to provide you with our services or facilitate the same.
5.1.8 Refrain from using our services to harm the Services of the SNS platforms though which it is using our services.
5.1.9 Refrain from attempting to gain any access to Company´s databases, User files and folders at any time.
5.1.10 Refrain from attempting to gain unauthorised and unlawful access to accounts registered by other Users to access the Services.
5.1.11 Refrain from collecting and using personal information of other Users without our and User’s express permissions.
5.2 The User shall, at no point of time:
5.2.1. Use this service to commit a crime or facilitate the same;
5.2.2 Infringe or attempt to infringe the intellectual property rights of Swell Foundry Limited or any third parties;
5.2.3 Take part or initiate an activity that will or have the potential to harm the commercial, business, technical or any related interests of the Website or Swell Foundry Limited;
5.2.4 Use the Services in any way to promote his commercial interests, commercial interests of a company of which he is an employee, commercial interests of any other company which is engaged in a similar business and is deemed by us to be a rival company to Our business;
5.2.5 Swell Foundry Limited has a right, but is not obliged, to remove any, whether fully or partially, reported content, which might be deemed to be in violation of any law of the aforementioned policies when posted, shared or otherwise made available by the User.

6. USER CONTENT
6.1 User can ad content on the Website, including but not limited to reviews and comments. Comments will not appear on Facebook or other social media profiles. User can leave a review on the Travel Services Provider’s listing page. Reviews are only viewable on the Travel Services Provider’s listing page on which they were posted. Comments can be left on a blog post made by Swell Foundry Limited. These comments are only viewable on the same blog post they were posted on.
6.2 User shall not use, upload, post, email, transmit, or otherwise make available on the Website any content (the “Content”) which (a) violates law or promotes anti-constitutional organisations; (b) can be deemed to be racist, pornographic, sexist, harmful to young persons; related to narcotics trafficking, inciting or downplaying the consumption of narcotics, inciting criminal offences, gambling, insult or slander, defamation; (c) breaches any rights of any third party, such as but not limited to copyright, performance, and commercial property rights; (d) is libelous or defamatory, (e) contains threats or incite violence towards Us, any individuals or entities or another User, and/or violates the privacy or publicity rights of any third party; (f) includes information for which the User has no right to disclose or make available under any law or under contractual or fiduciary relationships; (g) constitutes spam, machine-generated or randomly-generated and contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts or mislead recipients as to the source of the material; (h) contains or installs viruses, worms, malware, Trojan horses or other harmful or destructive content; (i) intends to disrupt, destroy, limit, or impair the Website service or the functionality of any computer software or hardware or telecommunications equipment, in particular through robots, spiders, spamming, DOS attacks, chain mail, junk mail, scripts.
6.3 User shall bear all responsibility for any defamatory, libellous, offensive, objectionable and abusive Content the User post or shares, since We disclaim all liability in this matter and reserve the right to remove any Content We deem inappropriate.
6.4 Swell Foundry Limited does not review all the Content posted to and published on the Website, and cannot therefore be responsible for that Content, its use or effects. By operating the Website, Swell Foundry Limited does not represent or imply that it endorses the Content posted thereon, or that it believes such material to be accurate, useful or non-harmful.
6.5 Without limiting any of those representations or warranties, Swell Foundry Limited has the right (though not the obligation) to (a) refuse or remove any content that, in Swell Foundry Limited’s reasonable opinion, violates any Swell Foundry Limited policy or is in any way harmful or objectionable, or (b) terminate or deny access to and use of the Website to any individual or entity for any reason, in Swell Foundry Limited’s sole discretion.
6.6 Swell Foundry Limited also reserves the right to repost, store, distribute, transfer and transmit any User posted content without any prior consent of the User as well as the right to access, monitor and store your messages to other Users, chat text, voice communication, comments in forums, IP address and other related personal information as further stipulated in our Privacy Policy.
6.7 The User hereby agrees to indemnify Swell Foundry Limited or any affiliated or related entity for any liability that it may have to incur due to the User posted content.
7. MAKING A BOOKING

7.1 Upon making a booking, You will be required to pay a non-refundable deposit which amounts to 10% of the total amount of the booking services. The booking is guaranteed upon the receipt of the deposit.
7.2 The Travel Services Provider may email an invoice to the Guest before arrival date if such option is mentioned in the booking terms of the Travel Service Provider. The terms of each Travel Service Provider are listed under their Listings.
7.3 In the even of non-arrival Travel Services Provider will be able to invoice the Guest for the total amount payable for the first day of Services and/or Accommodation.
7.4 After the booking is complete You will be able to view a booking via confirmation page after paying through PayPal on Surfsleeptravel.com which will contain your booking reference and booking details. An email will also be sent to the email You entered on the booking confirmation page containing your booking reference and booking details.

8. CANCELLING A BOOKING

8.1 You may cancel any booking that You make provided that You give the requisite period of notice set out in the travel services provider’s cancellation policy contained in the Travel Services Provider’s terms and conditions, which would prevail over this section.
8.2 Should the Travel Services Provider’s cancellation terms be unavailable You need to give at least 3 working days notice prior to the time and date of your scheduled arrival. You can cancel your booking by emailing your booking reference to support@surfsleeptravel.com.
8.3 Travel Services Provider can refuse a booking within 7 days of the user making a booking.

9. RATING AND REVIEWS
9.1 You may be asked to review the Travel Services that you have booked and received. Swell Foundry Limited may share your review with the respective Travel Services Provider so that they can act upon your feedback and make any necessary improvements. In order to achieve that the Travel Services Providers will have your contact details and may therefore contact You to make further enquiries about your experiences in order to help them make the improvements.

9.2 We reserve the right to adjust, refuse or remove reviews at our sole discretion. The guest review form should be regarded as a survey and does not include any (further commercial) offers, invitations or incentives whatsoever.

10. PAYMENTS AND SECURITY
10.1 You understand and agree that once a Guest requests a booking of your Accommodation, You shall not request the Guest to pay a price which is higher than the price in the booking request.
10.2 Deposits for a booking with a TSP are taken via Paypal. The deposit always amounts to 10% of the Travel Services Provider’s’s stated rates and is inclusive of any relevant Paypal fees.

10.3 We do not store your payment details, such as credit or debit card details which are linked to your PayPal account.

11. INTELLECTUAL PROPERTY

11.1 The Services offered by Swell Foundry Limited including, but not limited to, any concepts, ideas, artwork, animations, sounds, methods of function, coding related to computer, moral and legal rights, documented archives, musical work, audio effects, profiles, accounts of Users, any non User published content except third party advertisements and any other data related to Swell Foundry Limited and published by Swell Foundry Limited are copyrighted works owned by Swell Foundry Limited exclusively.
11.2 Swell Foundry Limited reserves the right, without limitation, to all moral and intellectual property rights and related proprietary rights in connection with the Service.
11.3 Swell Foundry Limited reserves the right to change, modify, alter, amend or delete any content on the Website without prior consent or information and with a just in time notice in situations We seem appropriate to.
11.4 No User shall have the right, without Swell Foundry Limited’s express consent, to change, alter, modify, reproduce, amend, distribute or transfer all or any part of the materials specified in section 11.1 and in accordance with these Terms and Conditions.
11.5 Nothing within this clause shall be deemed to give rise to any liability on Us due to User posted content on the Website or through the Services. Swell Foundry Limited reserves the right to terminate or suspend any account subject to the Section 4.

12. THIRD PARTIES APIs AND HYPERLINKS
12.1 The Website might contain third party hyperlinks and APIs operated by parties other than Swell Foundry Limited, such as but not limited to Mandrill (for sending communications), Tripadvisor (for additional ratings), Paypal (for payment processing), Google Maps API (for visualisation of open positions on the world map). Please see the relevant Websites for Google Maps API and PayPal API for more information regarding their Terms and Conditions and Privacy Policies. Please visit the websites of third party in order to view their respective terms and policies:
Mandrill api
https://www.mandrill.com/api_use/

Google maps api
https://developers.google.com/maps/terms

Paypal api
https://www.paypal.com/webapps/mpp/ua/devterms-full

Tripadvisor api
http://api-portal.anypoint.mulesoft.com/tripadvisor/api/tripadvisor-api

12.2 Swell Foundry Limited is not responsible for the availability of these external APIs and hyperlinks, any of its contents, advertising, products, or other materials. Any inclusion of hyperlinks to such websites does not imply any endorsement of the material on such API or any association with their operators. Under no circumstances shall Swell Foundry Limited be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such API. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
12.3 Some content of the Website, including but not limited to, User profiles available, Listings as well as comments and Reviews, may contain links to third party websites or services which Swell Foundry Limited is not affiliated with. Swell Foundry Limited disclaims all liability with relation to such third party content.

13. DISCLAIMER OF WARRANTIES

13.1 The Website is provided on “as is” or “as available” basis; Swell Foundry Limited, its suppliers, licensors and affiliates hereby disclaim, to the fullest extent permitted by law, all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement or proprietary rights, security, reliability, accuracy, website performance, the Services and the Travel Service Provider Services.

13.2 Neither Swell Foundry Limited nor its suppliers, licensors or affiliates, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You obtain content or services through the Website at your own discretion and risk.

13.3 Swell Foundry Limited makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained on the Website, in particular on Travel Service Provider User Account profile. Users agree to evaluate and bear all risks associated with, the use of any Travel Service Provider profiles and Travel Service Provider Services as under no circumstances shall Swell Foundry Limited be responsible in any way for any Travel Service Provider profiles content or Travel Service Provider Services or be held liable for any loss or damage of any kind incurred as a result of the use of any Travel Service Provider profile content made available via the Service or any Travel Service Provider Services whether offered, booked, carried out or non-performed.

13.4 Swell Foundry Limited disclaims any and all warranties for other services or goods received through, advertised on or accessed through any links on the Website.

13.5 Swell Foundry Limited make no other warranty, term, representation or condition in relation to the Website, Service, User Content or any services provided under this Agreement whether as to performance, functionality or otherwise.

13.6 GUEST AGREES AND UNDERSTANDS THAT ANY TRANSACTIONS, INTERACTIONS, DEALINGS OR RELATIONSHIPS WITH TRAVEL SERVICE PROVIDERS FACILITATED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF TRAVEL SERVICE PROVIDER SERVICE AND ANY OTHER TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS ARE CARRIED OUT SOLELY BETWEEN THE GUEST AND THE TRAVEL SERVICE PROVIDER REGARDLESS OF WHETHER Swell Foundry Limited ACTS AS AN INTERMEDIARY FOR USER COMMUNICATION.

14.7 ANY TRANSACTION OR DEALINGS BETWEEN GUEST AND TRAVEL SERVICE PROVIDER ARE ENTERED INTO ON THE SOLE RESPONSIBILITY OF SUCH GUEST AND SUCH TRAVEL SERVICE PROVIDER. GUEST AGREES THAT GUEST WILL MAKE WHATEVER INVESTIGATION GUEST DEEMS NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION OR DEALING WITH ANY TRAVEL SERVICE PROVIDER AS Swell Foundry Limited DISCLAIMS ALL LIABILITY IN SUCH RESPECT.

15. LIMITATION OF LIABILITY AND INDEMNITY

15.1 Swell Foundry Limited is not a party to any User transaction, dealing or dispute. In any event of a dispute arisen between any two Users, such as but not limited to disputes between a Travel Service Provider and a Guest, each User releases Swell Foundry Limited, its agents, affiliates and employees from any claims, demands and damages, whether actual or consequential or any kind and nature, known or unknown, suspected or unsuspected, disposed and undisclosed, arising out of or in any way connected with such disputes.

15.2 In no event shall Swell Foundry Limited be held liable for any harm, loss or damage resulting from User’s relationships and agreements with other Users and/ or any third parties, as set forth in these Terms. The provisions set forth in this clause shall extend to third party services and products You might have been directed to via any third party links, whether posted by Us or any other User.

15.3 User agrees to indemnify and hold Swell Foundry Limited, its officers, subsidiaries, affiliates, successors, assignees, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of User’s use of the Service, User’s violation of these Terms, User’s breach of any of the representations and warranties herein, or User’s violation of any rights of another.

16. ELIGIBILITY
By accessing or using the Website or Services you represent and warrant that you are of sufficient age to lawfully use the Website, enter into agreements and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You understand that You are financially responsible for all uses of the Website by You and those using your log-in information.
17. SEVERABILITY AND NO WAIVER
17.1 If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Agreement and shall not affect the validity and enforceability of any of the remaining provisions of the Terms.

17.2 Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

17.3 The failure of Swell Foundry Limited to enforce any right or provision of this Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Swell Foundry Limited.

18. MODIFICATION
18.1 Swell Foundry Limited reserves the right, at its sole discretion, to modify the Website or to modify these Terms, including the Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Website or provide you with notice of the modification. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
19. APPLICABLE LAW, VENUE AND DISPUTE RESOLUTION
19.1 These Terms shall be governed by and construed in accordance with laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England to which both parties submit.

19.2 User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terns must be filed by the User within 1 year after such claim or cause of action arose or be forever barred.

20. CONTACT Swell Foundry Limited

If You have any questions to or suggestions for Us, please contact Us at: support@surfsleeptravel.com.