Terms and conditions

Effective Date: June 29, 2020

Please read these terms of service agreement carefully as it contains important information regarding your legal rights and obligations.

This website of TheBigQuiver, or its services (“TheBigQuiver”) and the information on it are controlled by TheBigQuiver.

This agreement rules the use of the site and the associated services and applies to all users visiting the website by access or using the website and its services in any way.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE SITE, YOU AGREE THAT:
(1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT,
(2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THEBIGQUIVER, AND
(3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY.

The term “you” refers to the individual or legal entity identified as the user when you registered on the website.

You understand and agree that TheBigQuiver is not a party to any agreement entered into between partners and users, nor TheBigQuiver a rental agency or insurer.

TheBigQuiver has no control over the conduct of users or partners or surfboards and disclaim any and all liability to the maximum extent permitted by law.

Accordingly, any booking will be made and accepted at the user’s own risk.

In short, what you need to understand

By using the website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service.

THE WEBSITE, COMPRISE AN ONLINE PLATFORM THROUGH WHICH PARTNERS MAY CREATE LISTINGS FOR EQUIPMENT AND USERS MAY LEARN ABOUT AND BOOK EQUIPMENT DIRECTLY WITH OUR PARTNERS. YOU UNDERSTAND AND AGREE THAT THEBIGQUIVER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND USERS, NOR IS THEBIGQUIVER A SHOP, E-COMMERCE OR SURFBOARDS RESELLER. THEBIGQUIVER HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES , WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR ITS CONTENT.

  • TheBigQuiver reserves the right, at its sole discretion, to modify the website or to modify these Terms, including the Service Fees (if any), at any time and without prior notice
  • The website is intended solely for persons who are 18 or older
  • TheBigQuiver provides a platform for connecting people who would like to rent Surf gear (« Leasers » or « Surfers ») with those willing to rent out the Surf gear (« Partners » or « Shapers »)
  • « Fixed Fees » means the fees that a Partner charges a Leaser for Pick up and Returning the surf equipment
  • « Daily fee » daily price for the surf equipment rental, that Partner charges to the Leaser
  • « Security Deposit Fee » is the amount that might be requested by Partner in order to cover and recover potential damages to the rented equipment. This amount will be fully returned by TheBigQuiver to the Leaser on return of the rented equipment
  • « Equipment Fee » means collectively the amounts that are due and payable by a Leaser to the Partner in exchange for Surf Equipment rent including Fixed fees and Daily Fees. The Partner may in his or her sole discretion decide to include in these amounts a deposit fee permitted on the TheBigQuiver platform
  • You agree to provide accurate, current and complete information during the registration or booking process and to update such information to keep it accurate, current and complete
  • TheBigQuiver is not responsible for any modification to a Booking between Partner (“shaper”) and Leaser (“Surfer”)
  • Prices and rates are made in Euro
  • The Security Deposit Fee is blocked via a third party platform (STRIPE) and TheBigQuiver does not charge any amount. The secure transaction is carried out directly between the Leaser and STRIPE
  • You acknowledge and agree that, as a Leaser, you are responsible for the returning the equipment in the original conditions it was rented to you. In the event that a Partner claims otherwise and provides evidence of damage, you agree to pay the cost of replacing the damaged
  • In order to cover any possible damage, TheBigQuiver will take all or part of the Security Deposit in agreement with the Partner (“shaper”)
  • We welcome and encourage you to provide feedback, comments and suggestions for improvements to the website (« Feedback »). You may submit Feedback by emailing us to general@thebigquiver.com
  • IF YOU CHOOSE TO USE THE WEBSITE OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK
  • Reading this summarized version of our Terms and Condition does not deprive you of the obligation to read the full version of the Terms and Condition provided bellow.

1. Terms of Service

By using the website, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service, whether or not you become a Member of the Services. These Terms rule your access to and use of the website, all Content (as defined above), constitute a binding legal agreement between you and TheBigQuiver.

IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO OBTAIN INFORMATION FROM OR OTHERWISE CONTINUE USING THE WEBSITE.

THE WEBSITE, COMPRISE AN ONLINE PLATFORM THROUGH WHICH SHAPERS (“PARTNERS”) MAY CREATE LISTINGS FOR EQUIPMENT AND USERS (“LEASERS” OR “SURFERS”) MAY LEARN ABOUT AND BOOK EQUIPMENT DIRECTLY WITH OUR PARTNERS. YOU UNDERSTAND AND AGREE THAT THEBIGQUIVER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN PARTNERS AND USERS, NOR IS THEBIGQUIVER A SHOP, E-COMMERCE OR SURFBOARDS RESELLER. THEBIGQUIVER HAS NO CONTROL OVER THE CONDUCT OF PARTNERS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES , WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR ITS CONTENT.

2. Modification

TheBigQuiver reserves the right, at its sole discretion, to modify the website or to modify these Terms, including the Service Fees (if any), at any time and without prior notice. If we modify these Terms, we will post the modification on the website and/or provide you notice of the modification by email. We will also update the « Last Updated » date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the website will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the website. If you do not close your TheBigQuiver Account you will be deemed to have accepted the changes.

3. Eligibility

The website is intended solely for persons who are 18 or older. Any access to or use of the website, by anyone under 18 is expressly prohibited. By accessing or using the website you represent and warrant that you are 18 or older.

4. How the website Works

The website can be used to facilitate the listing and Booking of Surfboards and Surf Equipment. Such Equipment is included in Listings on the website by Partners.

TheBigQuiver provides a platform for connecting people who would like to rent surf gear (« Leasers ») with those willing to rent out the surf gear (« Partners » or « Shapers »).

A Leaser with a requirement for surf equipment reviews existing listings on the TheBigQuiver website before requesting a rental for a specific period of time (Booking).

A Partner with specific surf equipment has listings on the TheBigQuiver Platform and reviews rental requests by Leasers.

If a Partner desires to accept a Booking, the Partner must accept the rental request using by expressing his agreement with the TheBigQuiver team. By accepting a Booking, the Partner confirms that s/he is legally entitled to and capable of supplying the equipment described in the listing.

If a Partner in any way updates a listing after it has been published on the TheBigQuiver website and before a booking has been accepted, then TheBigQuiver may, at its discretion, cancel all Bookings for that listings that were made prior to the update and recommence the offer process.

TheBigQuiver provides the website only. Apart from enabling a Leaser to find a Partner to provide a particular item of gear, TheBigQuiver accepts no liability for any aspect of the Leaser and Partner interaction, including but not limited to the description of gear and services offered, the performance of services and the delivery of gear. TheBigQuiver has no obligation to any User to assist or involve itself in any way in any dispute between a Leaser and a Partner.

PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE IS ONLY INTENDED TO BE USED TO FACILITATE PARTNERS AND LEASERS CONNECTING AND BOOKING SURF EQUIPMENT DIRECTLY WITH EACH OTHER. THEBIGQUIVER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND EQUIPMENT. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.

6. Account Registration

A User creates an account with TheBigQuiver when s/he validly completes a booking on the TheBigQuiver website. Your TheBigQuiver Account and your TheBigQuiver Account profile page will be created for your use of the website and Application based upon the personal information you provide to us.

You agree to provide accurate, current and complete information during the registration or booking process and to update such information to keep it accurate, current and complete. TheBigQuiver reserves the right to suspend or terminate your TheBigQuiver booking and your access to the website if any information provided during the registration or booking process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

7. Bookings and Financial Terms

Key definitions

  • « Fixed Fees » means the fees that a Partner charges a Leaser for Pick up and Returning the surf equipment.
  • « Daily fee » daily price for the surf equipment rental, that Partner charges to the Leaser.
  • « Security Deposit Fee » is the amount that might be requested by Partner in order to cover and recover potential damages to the rented equipment. This amount will be fully returned by the TheBigQuiver to the Leaser on return of the rented equipment.
  • « Equipment Fee » means collectively the amounts that are due and payable by a Leaser to the Partner in exchange for Surf Equipment rent including Fixed fees and Daily Fees. The Partner may in his or her sole discretion decide to include in these amounts a deposit fee permitted on the TheBigQuiver platform.

Since All the Payments will be occurring outside TheBigQuiver, solely between the Partner and the Leaser, the applying of the mentioned fees are beyond TheBigQuiver’s control and responsibilities.

TheBigQuiver is in charge of blocking the Security Deposit Fee via a third-party platform (STRIPE). TheBigQuiver does not charge any amount in this financial transaction. The secure transaction is carried out directly between the Leaser and STRIPE.

Any Member is however encouraged to report to TheBigQuiver about any irregularities occurred regarding policy fees appliance by the Members.

Booking Cancellation: If, as a Partner, you cancel a confirmed Booking, you agree that TheBigQuiver may apply consequences to you or your Listing, including publishing an automated review on your Listing indicating that a Booking was cancelled.

Booking modifications: You as a Partner or Leaser are responsible for any modifications to a Booking. TheBigQuiver is not responsible for any modification to a Booking between Members.

8. Currency

Prices and rates are made in Euro.

9. Damage to Equipment and Security Deposits

You acknowledge and agree that, as a Leaser, you are responsible for the returning the equipment in the original conditions it was rented to you. In the event that a Partner claims otherwise and provides evidence of damage, you agree to pay the cost of replacing the damaged.

Partners may choose to include security deposits in their Listings (« Security Deposit Fee »). Each Listing will describe whether a Security Deposit is required for the applicable Equipment.

TheBigQuiver is not responsible for administering or accepting any Damage Claims by Partners related to Security Deposits, and disclaims any and all liability in this regard.

10. Links

The website may contain links to third-party websites or resources. You acknowledge and agree that TheBigQuiver is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TheBigQuiver of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

11. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to our service. You may submit Feedback by emailing us, through the footer section of the website or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of TheBigQuiver and you hereby irrevocably assign to TheBigQuiver and agree to irrevocably assign to TheBigQuiver all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback.

12. Disclaimers

IF YOU CHOOSE TO USE THE WEBSITE OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK.

THE WEBSITE , COLLECTIVE CONTENT ARE PROVIDED « AS IS », WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THEBIGQUIVER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THEBIGQUIVER MAKES NO WARRANTY THAT THE WEBSITE COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EQUIPMENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THEBIGQUIVER MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EQUIPMENT, OWNERS, LEASERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE WEBSITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THEBIGQUIVER OR THROUGH THE WEBSITE OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY PARTNERS OR LEASERS. YOU UNDERSTAND THAT THEBIGQUIVER DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. THEBIGQUIVER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PARTNERS AND LEASERS, PARTICULARLY AS YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY THEBIGQUIVER. THEBIGQUIVER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBERS OR OTHER THIRD PARTY.

13. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY EQUIPMENT VIA THE WEBSITE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THEBIGQUIVER WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER THEBIGQUIVER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY ACCOMMODATION VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THEBIGQUIVER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You agree to release, defend, indemnify, and hold TheBigQuiver and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the website or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) Booking of any Equipment, or (iii) creation of a Listing; (d) the use, condition or Booking of any Equipment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of any Equipment.

15. Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional TheBigQuiver policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms and Conditions constitute the entire and exclusive understanding and agreement between TheBigQuiver and you regarding the website, Collective Content , and any Bookings or Listings of Equipment made via the website, and these Terms supersede and replace any and all prior oral or written understandings or agreements between TheBigQuiver and you regarding Bookings or listings of Equipment, the website, and Collective Content (excluding Payment Services).

16. Dispute Resolution

TheBigQuiver encourages You to try and resolve disputes (including claims for damage) with Partners directly. Accordingly, You acknowledge and agree that TheBigQuiver may, in its absolute discretion, provide such of Your information as it decides is suitable to other parties involved in the dispute.

If TheBigQuiver provides information of other TheBigQuiver Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify TheBigQuiver against any claims relating to any other use of information not permitted by this Agreement.

17. General

The failure of TheBigQuiver to enforce any right or provision of these 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 authorized representative of TheBigQuiver. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

22. Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

23. Contacting TheBigQuiver

If you have any questions about these, please contact TheBigQuiver by email at general@thebigquiver.com