Terms of Service

Last Updated: 27/09/2022

These Terms of Service (the “Terms”) is a legal Agreement made between you (the “User”, “Your” or “You”) and Falbrock OÜ DBA Suppama (the “Company”, “Suppama”, “Us” or “Our”). This Agreement governs your access to our website: www.suppama.com, (the “Site”) App (the “App”) and/or any of the following subdomains such as https://app.suppama.com, https://courses.suppama.com owned by the Company and linked to Services and/or Goods offered by Us.

By accessing or purchasing our Goods or Services (the “Services” “Goods”, “Courses” and/or “Order”) you agree to our Terms. If you do not want to be legally bound by this Agreement, please do not access and/or use our Site and/or App. 

These Terms have been developed to regulate the provision of services related to the use of equipment used for Stand-up paddling (the “SUP”), the provision of this type of equipment for use, and the sales of products by the Company.

Suppama provides to Users SUP-boards with auxiliaries, which are a vest and a paddle (the “Equipment”), and the User undertakes to pay a fee to Suppama for such Equipment (the “Fee”).

SUP Equipment can be used during trips, tours, team building activities, SUP yoga classes arranged by the Company, and it can be obtained from Suppama staff, SUP-Stations (the “SUP-Station”) or in some other way arranged by the Company.

Suppama offers equipment only for personal use (except as otherwise envisaged by the contractor parties) and only at the sites specified on the map (the “Map”). Locations are available on the Site of the Company and/or in the App.

User undertakes to pay for the Equipment the fee specified in the price list, which is available on the Site and/or App. This obligation is valid for a specific period, and the User is obliged to return the Equipment without damages.

BY ACCESSING OUR SITE AND/OR APP, YOU AGREE TO BE BOUND BY THESE TERMS:

Section 1. Accession

To access the Site and/or App and the resources it offers, you may be asked to provide certain registration details or other information necessary for accession purposes. It is mandatory that all the information you provide on the Site and/or App is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site and/or App or portions of it using username, password, or other security information if any.

You agree to notify us immediately of any unauthorized access to or use of username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible to make all arrangements necessary for you to have access to the Site and/or App.

We have the right to disable any user, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or other Policies.

Section 2. Permitted Uses

Our goal is to make sure that User(s) receive quality Services and/or Goods and that is why our Company makes available Site and/or App.

As long as you comply with our Terms, we grant you a personal, worldwide, non-assignable, non-exclusive, revocable and non-sublicensable license to access our Site and/or App, its content and/or to use our Services and/or Goods permitted by these Terms and applicable laws.

Protocol and guidelines of permitted uses:

a)   The Equipment can be obtained from the staff of Suppama or from SUP-Station.

b) Users should avoid using the Goods and/or Services if they have a special medical condition. If they have any doubts, whether they can use Goods and/or Services provided by the Company, the user must consult with a doctor.

c)   The equipment should be handled with care and in a manner that would maintain its original condition.

d) The Equipment is only allowed to be used in the areas specified in the guidelines.

e)   User is required to read the guidelines provided by Suppama and follow safety requirements.

f)   Suppama has the right to request from User return of the Equipment without paying back the money if the user does not adhere to the requirements established by the Terms and regardless of previous notices, poses a threat to the life and health of his or her own as well as to the life and health of other people and the integrity of the equipment.

g) Users should not leave the Equipment without supervision.

h) Users should check whether the Equipment has been stored appropriately and if SUP-Station detects all of the elements correctly.

i) If the allocated time for using the Equipment exceeds the designated period, the user is obliged to pay for the exceeded time in accordance with the price list, which is available on the Site and/or App. If there are no sufficient funds on the User account, the User must pay for the exceeded time within 5 calendar days to the bank account of the Company. If the user does not pay for the exceeded time in due time, Suppama has the right to block the user account of the user and limit the usage of services until the relevant payment has been made. In case of repeated violations, Suppama has the right to cancel the user account on an unilateral basis, after sending a warning.

j) The user shall be held liable for not placing the equipment in the SUP-Station in an appropriate manner, or if, because of the actions of the User, the equipment has been damaged, lost, or stolen. In the event of occurrence of the situations listed above, the user undertakes to inform Suppama about it immediately. In addition to that, in such a situation the user undertakes to cooperate with the appropriate authorities and/or Suppama team and carry out relevant actions, such as filing a statement to the police.

Section 3. Prohibited Uses

You are not allowed to use our Site and/or App for activities that violate law, regulation, statute, ordinance, decree or appropriate rules set by relevant authorities.

Prohibited activities include, but are not limited to uses that:

a) are violent, illegal, defamatory, threatening or discriminatory.

b) would violate the intellectual property rights of another person or entity.

c) impersonate any person or organization or its representatives.

d) misrepresent yourself.

 

Users are prohibited to:

e) attempt to manipulate Site and/or App.

f) use any robot or automated means to access the Site unlawfully or incorporate malicious software, viruses, Trojan horses, worms, logic bombs, or other material that is technologically harmful.

g) collect personally identifiable information for direct marketing purposes.

h) access or use Site and/or App to build a similar Site or solicit Users of the Site and/or App.

i) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or otherwise modify Site and/or App, or create derivative work and/or source code.

j) act in a bad faith and harm Intellectual Property Rights of the Company.

Users shall adhere to time limits allocated to them for using the Equipment. Violation of this clause will result in a penalty as determined by the Company.

 

Section 4. Intellectual Property Rights

Site and/or App is Our exclusive proprietary property and all databases, software, source code, website or design, audio, video, text, graphics (the “Content”) and the trademarks, service marks, logos or any other marks (the “Marks) are owned and or controlled by us or licensed to us, and are protected by appropriate Intellectual Property laws, unfair competition laws, international conventions and any implementing legislation.

No part of our Intellectual Property, Content, or Marks may be copied, reproduced, republished, uploaded, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written consent.

You must not modify copies of any materials from this Site and/or App, use any illustrations, photographs, video or audio sequences, or any graphics separately from accompanying text, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site and/or App.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site and/or App in breach of the Terms, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site and/or App is transferred to you, and all rights not expressly granted are reserved by Us.

By using our Site and/or App, you are granted a limited license to access and use our Services with a personal non-commercial use only.

If you wish to make any use of material on the Site and/or App other than that set out in this section, please contact us at info@suppama.com to make a request.

Section 5. Reporting Violations

Please immediately report to the customer service, if you become aware of any violation that is against of our Terms.

We reserve the right to investigate complaints or reported violations of our Terms and to take any action we consider appropriate, including but not limited to suspending or terminating access, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user information, email addresses, usage history, IP addresses and traffic information accordingly as envisaged by our Privacy Policy.

 

Section 6. Privacy Policy

Our Services require you to provide certain personal data. All information you provide must be true, accurate and complete. It is your responsibility to inform us if anything changes with your personal data.

Your submission of personal information is governed by our Privacy Policy.

Section 7. Termination

If you violate the Terms, We will assess your harmful behavior and might modify or discontinue, terminate or suspend your access to our Services. We reserve the right to take appropriate legal action.

To the extent that we are practically able to do so, we may terminate your access to our Services without notice if you breach any of the terms. We reserve the right to make use of any technological, legal or other means to enforce the Terms and prevent you from accessing our Services.

Any provision of this Agreement which by its terms imposes continuing obligations on the parties shall survive the expiration or termination of this Agreement. Your information will be maintained and deleted in accordance with our Privacy Policy.

Section 8. Service Fee, Payments and Cancellations

For making our Services and/or Goods available for User(s) we receive compensation/service fee, as defined under the foregoing Terms or agreements directly concluded between the contracting parties.

We may change Fees as we deem appropriate and necessary for our business or to comply with applicable law and we will notify you in case of any changes.

For using the Equipment User shall pay the fee specified in the price list, in accordance with the Terms. If the user wishes to use the equipment for longer than a time frame allocated to him/her, without, meanwhile, returning the equipment to the SUP-Station, additional fee will be incurred upon him/her.

a)   The period of usage of the equipment can be extended maximum for 6 consecutive hours.If closing time of SUP-station is in less than 2 hours, User can rent the equipment for a limited time of 1 hour.

b) If the equipment has not been returned 6 hours later at most, a warning will be sent to the User, which will be visible for the User in his or her account. If the user is late with returning his or her SUP equipment for the second time, the User’s account might be disabled. The warning shall be valid for one year from the moment of violation, and after that, it will be deleted by default. Please contact the Suppama team immediately after receiving a false warning, or if your booking has been cancelled without you violating the rules mentioned above.

c)   If the maximum time has been exceeded, Suppama has the right to demand the payment of a penalty fine from the User.

d) By making a payment, the User confirms the purchase of a Service and/or Goods irrevocably and declares his or her consent with the present Terms. The user is aware of and gives his or her consent to the conclusion of the contract with Suppama.

e)   The Company reserves the right to cancel the Order, Booking or discontinue Services for the User who violates the foregoing Terms.

f)   Suppama has the right to change the prices at any time. If the prices in Suppama’s online store have been changed after the user has placed an order and paid for it, Suppama will deliver relevant products to the User at the price that was valid at the time of placing the Order.

g) The options for making changes and cancelling Order confirmations are limited. The User shall submit his or her request for making a change or cancelling the order by e-mail. As a rule, changes and cancellation shall take place for extra fee, unless Suppama has decided otherwise.

h) If the user wishes to withdraw from the contract after making a purchase, the user is required to inform Suppama about it in writing immediately. A written notice shall be sent by e-mail at info@suppama.com. The date of placing the order as well as the number of the order, from which the user wishes to withdraw, shall be specified in the e-mail, and the user’s contact details should also be specified (first name, surname, contact phone number). In the event of withdrawal, the products purchased by the User shall be returned to Suppama no later than within 14 days after submitting the application for withdrawal. The expenses related to the return of the products shall be paid by the User. Returned Goods shall be in the original packaging and suitable for further resale. The copy of the Order or the invoice shall be attached as well as the reason for the return of the products (preferably). If the product is damaged, Suppama shall not pay a refund for the product to the user. 

i) You can purchase a Seasonal Ticket (the “Seasonal Ticket”). The price of a Seasonal Ticket is indicated in the price list. In addition to Seasonal Tickets, Suppama can also sell other tickets that are valid for the duration of specific time period, the price and term of validity of which can be different.

    Users can check the exact free time for using the equipment as well as the availability of the Equipment via the App. 

    Every single user can only purchase one Seasonal Ticket at a time. Seasonal tickets are personalized and meant for personal use only. It is not allowed to resell Seasonal Tickets or hand it over for use to third parties. Suppama does not guarantee the availability of the Equipment in the SUP-Station at any time. The user can check the availability of the Equipment via the App and, if it is available, book the Equipment. If the user does not show up at the time of booking and neither starts using the equipment nor cancels the booking at least two hours before the start of the booking, Suppama has the right to charge the user for the period of use of the Equipment that he or she has booked in advance. A seasonal ticket can be terminated at any time, and the registered account can be deleted. In the event of termination of a Seasonal Ticket, the payments that have already been made by the User are not refundable.

j) You can buy gift cards from Suppama (the “Gift Card). If the user has purchased a Gift Card, Suppama will send a unique code to the purchaser (the “Voucher Code”) by e-mail, and using that code, the User will be able to purchase products in Suppama’s online store as well as pay for events. Gift cards can be handed over to third parties, and the forwarding of the voucher code is the duty of the User that has purchased a gift card. A person that has been awarded with a gift card can redeem the code and register as a User.

 

Section 9. Taxes

You are liable for all transaction taxes on the Services and/or Goods provided to you, other than taxes based on our income.

User(s) are responsible for all tax liability associated with payments made or received, and that We will not withhold any taxes from payments except as required by the law and as envisaged under the Terms.

In the event of an audit of the Company, you agree to promptly cooperate with us and provide copies of tax returns and other documents as may be reasonably requested from the appropriate authorities.

Section 10. Indemnification.

You agree to indemnify and hold harmless Company and its officers, directors, employees, agents and affiliates (each deemed as “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation, attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your misuse of the Site and/or App.

Users are held personally liable for all of the damage done to themselves or to other people while using the Equipment.

The User shall be held liable for not placing the Equipment in the SUP-Station in due manner, or for not closing the door appropriately, or if, because of the actions of the User, the Equipment has been damaged, lost, or stolen, and it is no longer subject for repairs of further use. The liability limit is comprised of the value of the SUP-board, paddle, and the vest.

If the user is responsible for loss or destruction of more than one set of equipment, a larger amount of liability may apply. Suppama shall inform the User about the relevant claim in advance by e-mail or by phone.

Section 11. Limitation of Liability

We are not liable, and You agree not hold us responsible for any damages arising out of or in connection with the Terms, including but not limited to:

a) glitches, bugs, errors, viruses or other malicious software obtained by accessing, or linking to our Services and/or Goods.

b) damage to your device from the use of the Site and/or App.

c) your inability to use our Site and/or App.

d) a suspension or other action taken with respect to your account.

e) the failure of any telecommunications or computer services, systems, equipment or software operated or provided by any third party.

f) your reliance on the accuracy, or reliability of profiles, recommendation or other information found on or made available through our Site and/or App.

g) any other event not reasonably within our control.

Force Majeure means any cause affecting the performance of the Terms arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and includes, but is not limited to, the following: strikes, lockouts or other industrial action; civil commotion, riot, invasion, sabotage, war threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic, severe weather or other natural physical disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; etc.

Neither party is liable to the other for any failure to perform its obligations under the Terms to the extent caused by Force Majeure, provided that the affected Party:

1. Immediately notifies the other Party and provides full information about the Force Majeure.
2. Uses best efforts to overcome the Force Majeure and continues to perform its obligations to the extent practicable.
3. If either party is unable (wholly or in part) by reason of Force Majeure to carry out its obligations pursuant to the Terms, the obligation shall be suspended, so long as the Force Majeure exists, provided that that period of suspension must not under any circumstances exceed 15 days.
4. If a delay caused by Force Majeure continues for more than 30 days, parties can terminate the foregoing binding Terms by giving 7 days’ written notice to the other party.

 

 

Section 12. Disclaimer of Certain Damages and Warranties.

To the fullest extent of law, We shall not be liable to You or anyone else for any indirect, exemplary, incidental, consequential or other damages of any type or kind, including but not limited to personal injury, lost profits, pain and suffering, emotional distress, loss of data or revenue, copyright infringement, and/or economic advantage.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, Site and/or App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site and/or App for any reconstruction of any lost data.

To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer and/or device equipment, computer programs, data, or other proprietary material due to your use of the Site and/or any App.

The Site and/or App, its content, and any services or items obtained through the Site and/or App are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site, Services and/or Goods.

Some of Our Services, Courses and/or Tours are carried out by the external third-parties/Service providers and We are not responsible for any claims arising from those contractual relationships concluding between You and those third parties.

To the fullest extent provided by law, Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Section 13. Dispute Resolution

You agree to resolve disputes in a prompt, low-cost and mutually beneficial way. Before taking legal action or requesting legal proceedings, you will personally participate in an alternative dispute resolution procedure. Mediation and/or arbitral forum will be mutually selected.

If a dispute cannot be resolved by the parties within 7 days of the dispute arising,   the dispute may be referred by either party to the process of dispute mediation or online commercial arbitration administered by JAMS, Inc. pursuant to its Streamlined Arbitration Rules and Procedures (the “Rules”) (The Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration ) or any other online dispute resolution (ODR) center agreed upon between the parties. The mediation or arbitration rules shall be nominated by the mediator or the arbitrator.

You may be required, at Our sole discretion, to give up any and all rights you may have to seek legal action to resolve any disputes arising from these terms through any other means, including but not limited to any court of law.

Any cause of action or claim you may have relating to these Terms must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this section.

You give up your right to participate in a class action or other class proceeding.

Nothing in this clause affects a party’s right to obtain interlocutory relief or to commence legal proceedings.

Section 14. Governing Law and Jurisdiction

Foregoing Terms are governed by the applicable International Private Laws together with the local laws and regulations of the country, where the Suppama and/or its branches are incorporated, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms shall be instituted exclusively in the courts of country, where the Suppama and/or its branches are incorporated. Although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts.

Section 15. Miscellaneous

We reserve the right to change our Terms from time to time to comply with applicable laws and regulations and in such case, we will notify you in a timely manner.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

We reserve the right to prohibit and/or restrict access to Users who violate our Terms and seek legal action when applicable.

Except as otherwise provided in these Terms, if any provision is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

When we require that you provide an email address, you are responsible for providing your most current email address. In case that the last email address you provided is not valid or is not capable of receiving message, notice or notification, such notice shall be deemed as an effective notice.

If the Site and/or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site and/or App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The headings are included for convenience only and shall not affect the interpretation of the Terms.

No waiver by Us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Terms set out here should be read in conjunction with our Policies.

Section 16. Contact Information

If you have questions, feedback, requests about our Terms, please use the following contact information:

Company: Falbrock OÜ DBA Suppama

Phone: +372 5858 0905

Email Address: info@suppama.com

 

ANNEX I

ADDITIONAL TERMS AND CONDITIONS THAT APPLY TO SPAIN

 

Before using the equipment, the user agrees to comply with the safety requirements and maritime navigation regulations. Users are also obligated to observe all relevant signs, follow the requirements, and ensure their own safety, as well as the safety of others and the integrity of the equipment while using it.

Users are required to inspect the equipment before use. During the inspection, users must thoroughly examine the equipment as there may be failure situations that cannot be detected by the Station. The user is obligated to immediately inform the Company through the application’s communication channels if any faults are detected in the SUP or its equipment, and they agree not to use the SUP and its equipment in such a case.

The following SAFETY RULES must be followed:

• The use of a life jacket is obligatory.
• The user must be sober and in good health
• The table paddle board can only be used by one person at a time; it is strictly prohibited for two or more people to climb onto it.
• Minors must always be under the supervision and responsibility of an adult.
• Access to the sea must be made through marked channels. If there are no marked channels, access must be made perpendicular to the land, exercising caution, and always at a speed of less than 3 knots within 200 meters of the coast or vice versa.
• Navigation is only permitted during daylight hours within the areas delimited by the maritime captaincy, parallel to the coast, within the strip of sea between 50 and 200 meters from the coast. The user may not venture more than 1 mile from the station within the aforementioned strip of sea.
• Special attention must be given to bathers, both when entering and exiting the base and during navigation, always respecting the designated area and never entering exclusive bathing areas.
• Navigation with a yellow or red flag is prohibited in rocky and port areas.
• Navigation is only permitted in good weather conditions, with visibility greater than one nautical mile, ensuring visibility from the shore at all times, and vice versa.

Limitation of liability in the use of equipment and practice of Paddle Surf

The user voluntarily and freely assumes responsibility for all the risks and dangers associated with paddle surfing and will be accountable for any injuries, losses, or material damages, whether direct or indirect, arising from the use of the equipment. The user explicitly releases the company from any liability.

The company will not be held responsible for any damages caused by third parties to the user, whether intentional or unintentional, whether direct or indirect, during the practice of Paddle Surf.

The user agrees to indemnify SUPPAMA and/or its suppliers against any claims, costs, damages, losses, liabilities, and expenses (including attorney fees and expert costs) awarded against SUPPAMA or its suppliers by a competent court related to a third-party claim associated with the user.

We do not assume responsibility for any belongings that the user chooses to leave in the locker. The user is solely responsible for any damage, loss, or theft of their belongings during the rental period. If the user forgets any belongings in the locker, SUPPAMA holds no responsibility.

If you have questions, feedback, requests about our Terms, please use the following contact information:

Company: Falbrock OÜ DBA Suppama

Phone: +372 5858 0905

Email Address: info@suppama.com