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Terms of Use for Surf Seller App

1. Overview

These Terms of Use (“Terms”) govern your use of the Surf Seller Hub (“App”), operated by Surf Creative Solutions Ltd. (“Surf”, “we”, “us”, or “our”). By accessing or using the App, you agree to comply fully with these Terms.

2. Account Registration and Eligibility

To access the App, sellers must provide accurate business and contact details, including:

Business name, VAT number, registered address, and contact details
Valid WhatsApp number for communication

You are responsible for maintaining the confidentiality and security of your account credentials.

3. Dashboard and Data Access

The Seller Dashboard provides access to key metrics, including:

Orders, revenue, taxes, and inventory
Sales and performance analytics

All information displayed is for business reference purposes and may be subject to verification by Surf.

4. Product Listings

Sellers may upload product details, images, descriptions, and pricing information. You are responsible for ensuring that all listings are accurate, lawful, and compliant with Maltese and EU consumer protection laws.

Seller Plans and Pricing Model

Surf offers three seller subscription plans:

Starter (Free) – 10% commission + 3.5% transaction fee
Growth (€49/month) – 8% commission + 3.2% transaction fee
Enterprise (Custom) – Tailored commission and features

By listing and selling on Surf, sellers agree to the applicable plan terms and commission structure. Detailed pricing can be viewed here.

5. Order Management

Sellers must:

Accept, prepare, and dispatch orders promptly
Update order statuses accurately in the App
Cooperate with Surf’s logistics partners for pickups and returns

Repeated failure to fulfill orders or excessive delays may result in account suspension or termination.

6. Payments and Fees

Seller payouts are processed within 7–15 business days after successful delivery confirmation. Surf automatically deducts applicable commissions, transaction fees, and any refund or return costs where applicable. Sellers are solely responsible for ensuring VAT compliance and maintaining accurate tax records.

7. Returns and Refunds

7.1 Seller Fault Returns

If a product is defective, damaged, or incorrect, Surf reserves the right to deduct the return or refund cost from the seller’s next payout.

7.2 Non-returnable Items

Sellers must clearly mark items that are non-returnable, including perishables, hygiene products, and custom items.

8. Seller Responsibilities

List only lawful, genuine, and accurately described products
Avoid misleading titles or restricted keywords
Maintain current product and stock details
Comply with all applicable Maltese and EU trade, tax, and consumer laws

9. Prohibited Conduct

List counterfeit, unsafe, or prohibited products
Upload defamatory, discriminatory, or obscene content
Misuse customer data obtained through the platform

Any breach of this section may lead to immediate account suspension and, where applicable, legal action.

10. Intellectual Property

All intellectual property rights relating to the Surf platform and App remain the property of Surf Creative Solutions Ltd. Sellers grant Surf a non-exclusive, royalty-free license to display, market, and promote their listings within Surf’s ecosystem.

11. Termination and Suspension

Surf may suspend or terminate a seller’s account if:

The seller breaches these Terms or any applicable laws
There are repeated verified customer complaints
Fraudulent or abusive activity is detected

Upon termination, any outstanding payments will be processed after verification of pending orders and refunds.

12. Limitation of Liability

To the fullest extent permitted by law, Surf shall not be liable for indirect, incidental, or consequential damages, loss of revenue, profit, or data, or service disruptions caused by external or third-party systems. The App and all services are provided “as is” without warranties of any kind, whether express or implied.

13. Indemnification

Sellers agree to indemnify and hold harmless Surf Creative Solutions Ltd., its employees, directors, and affiliates from any claims, losses, or damages arising from breaches of these Terms, product misrepresentation or defects, customer disputes, or regulatory claims.

14. Modifications

Surf reserves the right to update or modify these Terms periodically. Any material updates will be communicated via email or in-App notification. Continued use of the App constitutes acceptance of the revised Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of Malta. Any disputes arising under or in connection with these Terms shall fall under the exclusive jurisdiction of the Maltese courts.

16. Contact

For questions, feedback, or legal inquiries, please contact:

Surf Creative Solutions Ltd.
Email: info@surf.mt
Phone: +356 77215267
Address: Office 204, Level 2B, Centris Business Gateway II, Triq is-Salib tal-Imrieħel, Zone 3, Central Business District, Birkirkara, CBD 3020, Malta.

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