Last Updated: July 17, 2022
These Terms and Conditions applies as between you and Citysurfing LLC of 7901 4th St N, STE 300, St. Petersburg, FL 33702, USA. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website and our Services.
Terms of Service
Please read these Terms of Service carefully before using the services. If you choose to continue to use or access the services after having the opportunity to read these Terms of Service, you recognize that Citysurfing has provided valuable consideration by offering the website free of charge, and in exchange for that valuable consideration, you agree to these Terms of Service. If you do not agree to be bound by these Terms of Service, do not access or use the Service.
Access to the services
In principle, all users are entitled to access and participate.
All persons who have reached the age of 18 or can prove a declaration of consent from a parent or legal guardian are eligible to use the services.
General publishing and listing requirements
Users with the intention to publish, or list City related services (collectively “Services”), or have listed Services, on www.citysurfing.com are required to adhere to the following principles:
The website serves only as a portal where Users can communicate with each other. Services contracts are concluded solely between a service user and the relevant service provider.
Citysurfing is not and will not be a party to any contractual relationship between service user and the relevant service provider, pursuant to its hosting status, is not obligated to act as an intermediary in the event of any dispute between a service user and the relevant service provider. You acknowledge and agree that the service user and the relevant service provider, are responsible for the performance of obligations under such agreements between the service user and the relevant service provider, that Citysurfing is not a party to such agreements, is not acting as an agent, and disclaims any liability under such agreements, even if the booking of Services, the use of other tools, services or products is facilitated by Citysurfing, as Citysurfing is not a party to any Services or other contracts between service user and the relevant service provider.
Service providers may be either individuals, who may be acting on a consumer-to-consumer basis, or managers acting on a business-to-consumer basis. If you enter into an agreement with an individual service provider on a consumer-to-consumer basis, please note that consumer protection rules do not apply in relation to your contract with the individual service provider. The service provider is solely responsible for deciding whether or not they are acting as a consumer or business and for any statements they make to service users/service providers regarding their status.
Service users/service providers are responsible for and agree that they will comply with all laws, rules and regulations applicable to their use of the website, any tools, services or products offered on the website, and any transactions entered into between them on or in connection with their use of the website. Service users/Service Providers are informed that the design of the listing, the Services and business transactions relating to Services are the responsibility of the Service Provider and that the Service Provider is responsible for compliance with all laws, rules and regulations to that extent.
Please note that although we are not a party to any Services or service agreements and, to the extent permitted by law, do not assume any liability for the legal and regulatory compliance of any Services advertised on the website, we may in certain circumstances be legally required to provide information relating to listings in order to comply with requests by governmental or regulatory authorities in connection with investigations, litigation or administrative proceedings.
In the event of important communications regarding a Service you are using, we will send you Service notifications and information that we are required to provide by law.
If you have provided us with your email address, we may send you service notifications by email, including to verify your identity prior to confirm your purchases.
We may also send you service notifications by other means.
Termination of Services
If your Services are terminated (either by you or by us), your right to access the Services will terminate immediately, as will your license to use the Services. And we will delete any data or content associated with your Service or otherwise separate it from you (unless we are required by law to retain, return or transfer it to you, or a third party designated by you).
You may then no longer be able to access the Services (or your content that you have stored in those Services).
The Services, may be unavailable from time to time, may be offered for a limited time, or may vary by region or device or by external factors, such as your Internet or network connection.
We make every effort to keep the Services up and running. However, they are not provided with a guaranteed quality of service and all online services occasionally suffer disruptions and outages.
When you purchase a Service, these Terms apply, and you agree to these Terms.
We offer options for service providers to receive more viewership by boosting their service listing options:
Boost Listing Options (non-recurring)
A city promoted listing at $25 USD non-recurring 1 month; and
A city and home page promoted listing at $50 USD non-recurring for 1 month.
We offer all users the options to choose from the following subscription options:
a lifetime member badge at $60 USD paid on sign up for the lifetime of your account;
an annual (12-month) verified member badge at $20 USD for one year;
We offer Service Users a premium membership subscription for the duration of
a monthly membership subscription at $ 9.95 USD;
a three month premium membership at $ 24.95 USD; and
an annual premium membership (12-month) at $ 59.95 USD.
If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:
upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
on the renewal date of the subscription period thereafter, without any further action by you.
Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services.
Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
We may at our sole and absolute discretion, offer a refund of Fees for a particular subscription period where no actions have been taken in respect of your Account during that subscription period and you have notified us in writing of your intention to terminate your subscription within three (3) days of the due date for payment for that subscription period.
To cancel a subscription, please send a cancellation request to firstname.lastname@example.org. Once you have cancelled your subscription, Citysurfing LLC will stop billing you until and unless you re-subscribe under your account. Any and all fees paid and charges made prior to cancellation or termination of your account are non-refundable. If you have a recurring monthly subscription, all subscription amounts previously paid – including the amount paid for the month in which the cancellation occurs – are non-refundable.
Published Rate, Customized Offer and Payments
On Citysurfing service providers are free to determine and publish a rate for their services when they first create their listing on Citysurfing. This rate is an estimated service fee you can expect to pay when booking their service.
When receiving a booking request, the service provider is free to evaluate the received request and then create a customized offer.
The final offer will include the service providers published rate and any additional expenses that may occur such as transportation costs, participant fees, entrance fees, food and drink, or any third-party services that are necessary to be included in the services.
Lastly, each host can decide how he/she will receive payments for their services.
Prepay at Booking
If a service providers listing states “Prepay at Booking” you will need to prepay for the offer when you finalize your booking. Accepting pre-payments is a fully automated booking experience, so neither the Guest nor the Service Provider need to worry about the money when they meet.
When using the “Prepay at Booking” feature, the Guest enters his/her payment information and after the payment is charged and authorized the booking is completed. For service providers that choose to be prepaid before the meeting, there is a 14.5% booking fee. The fee is paid by the guest.
Naturally, where the “Prepay at Booking” feature is used the Citysurfing Cancellation policy applies.
Pay at Meeting
If a service provider's listing states, “Pay at Meeting”, the Guest will be required to make the offer payment to the host in the local currency during the scheduled meeting.
Accordingly, no booking fee is charged and the Citysurfing Cancellation policy does not apply, nor can we offer any protection in the unlikely event that things do not go as planned.
Citysurfing accepts no responsibility for the accuracy of the prices quoted or any other information. Users are required to check the details before booking.
Cancellations are inconvenient for both the service provider and guest, however we realize that emergencies do occur. If you need to cancel a confirmed booking, you should first attempt to reschedule your appointment with your service provider. If you are unable to reschedule, then you should initiate a cancellation by sending your him/her a message using the Citysurfing message system and send a copy of your cancellation request to email@example.com.
As per the Terms of Service, for prepaid bookings on Citysurfing, a guest can cancel a reservation up to 3 days (72 hours) before the scheduled appointment. Any confirmed and paid booking cancellation must be initiated by contacting your service provider directly via the Citysurfing message system.
3 days before – If a guest cancels before the 72 hour cancellation deadline, Citysurfing will refund 100% of the booking payment less the Citysurfing service fee which is non-refundable.
Within 3 days -If a guest cancellation request occurs anytime within 72 hours of their appointment, the booking payment is non refundable.
Service Provider Cancellation
As per the Citysurfing Terms of Service, if a service provider cancels at any time a guests is entitled to a 100% refund for pre-paid bookings less the Citysurfing service fee.
A Guest is entitled for a refund of 100% of the booking payment if a service provider fails to meet at the time of booking (“No show”) or is more than 30 minutes late (“late arrival”). Please email firstname.lastname@example.org within 24 hours after the end of the meeting to initiate a dispute.
A service provider is entitled for the full price of the booking if a Guest fails to arrive at the time of booking (“No show”) or is more than 30 minutes late (“late arrival”). Please email email@example.com within 24 hours after the end of the meeting to initiate a dispute.
We expect our Users to contact us before making any Chargeback requests. We will investigate any Chargeback requests made by you and in response will inform your issuing bank whether any Service or Transaction has been cancelled. We reserve the right to suspend a user’s account and lock User's Funds during the chargeback investigation procedure.
Responsibilities, duties and rights of the users
The user undertakes not to violate applicable legal provisions and any contractual provisions when using the services of www.citysurfing.com. In particular, he/she undertakes to ensure that any content he/she distributes does not infringe the rights of third parties (e.g. copyrights, patent and trademark rights), that the applicable criminal laws and regulations for the protection of minors are observed and that no racist, grossly offensive, pornographic or sexual, youth-endangering, extremist, violence-glorifying or trivializing, war-glorifying or war-denying content is published, glorifying or trivializing violence, glorifying war, promoting a terrorist or extremist political organization, inciting to commit a criminal offence, containing defamatory statements, insulting or unsuitable for minors or other punishable content.
In order to protect the data, the user further undertakes to comply with the recognized principles of data security and the obligation to observe the data protection regulations, to send any e-mails and queries to www.citysurfing.com for viruses, to comply with legal, official and technical regulations, to keep any user names and passwords secret, not to pass them on, not to tolerate or allow them to be read and to take the necessary measures to ensure confidentiality and to notify www.citysurfing.com immediately in the event of misuse or loss of this information or any suspicion thereof.
Any indications of misuse of the content of www.citysurfing.com or of the payment system must also be reported to www.citysurfing.com without delay.
The user shall indemnify www.citysurfing.com against any claims made by third parties against www.citysurfing.com on the grounds of infringement of their rights by this user. This also includes the costs of reasonable legal prosecution and defense.
www.citysurfing.com reserves the right, in the event of justified suspicion of misuse of the services of www.citysurfing.com, to block this user's access to its content and any existing user account and to involve the investigating authorities.
The user may only offset claims of www.citysurfing.com against undisputed or legally binding claims. The user is only entitled to rights of retention on the basis of claims arising from the individual, specific contractual relationship of which these Terms and Conditions form an integral part.
Limitation of Liability
We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any Related Content. You expressly agree that your use of the Services and our website, is at your sole risk.
We do not assist with dispute resolution between any you and any Third Party and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant Third Party. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our website or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
You agree not to use the Services, our website and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
-loss of profits, sales, business, or revenue;
-loss of anticipated savings;
-loss or corruption of data or information;
-loss of business opportunity, goodwill or reputation; or
-any other indirect or consequential loss or damage.
-Nothing in these Terms shall limit or exclude our liability for:
-death or personal injury resulting from our negligence;
-any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
Your continued use of the website will constitute your acceptance of any new or amended terms and/or updates.
Copyright and ownership
All of the content featured or displayed on the website, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property law other than User-Provided Content (together "Content"), is owned by Citysurfing, its licensors, vendors, agents, and/or its Content providers.
You must not use the website or any Content other than for its intended purpose. Except where we tell you otherwise on the website, you may view, play, print, and download documents, audio, and video found on the website for personal, informational, and non-commercial purposes only.
You must not modify any of the materials and you must not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the website.
Except as authorised under applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website.
You are responsible for complying with all laws which apply to you and your use of the website. The website, its Content, and all related rights shall remain the exclusive property of Citysurfing or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark, or other proprietary notices from material found on the website.
All trademarks, service marks, and trade names of Citysurfing used as part of or in connection with the website (collectively "Marks") are trademarks or registered trademarks of the Citysurfing Group, or its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Citysurfing Marks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without Citysurfing’ prior written consent. The use of Citysurfing Marks on any other mobile application, website, or online service is not allowed. Citysurfing prohibits the use of Citysurfing Marks as a "hot" link on or to any other mobile application, website, or online service unless establishment of such a link is approved in advance.
Accuracy of information
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts this may not always be the case. Please note that we are not required to maintain or update any such information. You should not rely on any such information and any reliance on any such information is at your own risk.
Your provision of information
When you provide information about yourself to us or to other users of the website, including when you create an Account, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any account you establish, decline to provide you with services on the website, and/or refuse any or all current or future use of the website or any portion thereof.
You understand that all information, data, or other materials that you and other users of website upload, post, transmit, publish, display, or otherwise make available through the website, including the information provided when creating an Account and information you share with or make available to other users of the website ("User-Provided Content"), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the website.
We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You understand that by using the website, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable.
We are not responsible for any User-Provided Content and will not be liable for any loss or damage caused by any User-Provided Content or your use of or reliance on it.
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the website, you agree that:
you are the owner of all rights in such User-Provided Content;
Your grant of license to Citysurfing for User-Provided Content
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed) as part of or in connection with the website may modify or adapt User-Provided Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, refer to your name or other identifier you provided when posting User-Provided Content. You promise that our publication and use of your User-Provided Content will not infringe the rights of any third party.
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the website. In addition, you agree not to:
upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that is known by you to be false, inaccurate, or misleading;
upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way; forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the website;
upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, transmit, publish, display, or otherwise make available through the website any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
upload, post, transmit, publish, display, or otherwise make available through the website any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, transmit, publish, display, or otherwise make available through the website any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
take any action that interferes with the proper working of the website, compromises the security of the website, or otherwise damages the website or any materials or information available through the website;
attempt to gain unauthorized access to any portion or feature of the website, to any other systems or networks connected to the website, to any of our or our service providers’ servers, or to any of the services offered on or through the website, including but not limited to by hacking, password “mining”, or any other unauthorized means;
probe, scan, or test the vulnerability of the website or any network connected to the website or bypass the authentication measures on the website, or any network connected to the website;
use any automated means to collect information or Content from or otherwise access the website, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
harvest or otherwise collect and store information about other users of the website, including e-mail addresses;
install any software, file, or code that is not authorised by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
interfere with or disrupt the operation of the website or server networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website.
Registration and passwords
You may be permitted or required to register or obtain a login ID and password prior to being provided with access to certain pages on the website. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or account, whether authorised by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security involving access to the website through your account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or account as a result of your failing to take reasonable steps to keep your account information secure and confidential.
Operation of the website and termination of this agreement
Access to the website
Neither Citysurfing, nor any of its respective affiliates guarantee that the functions contained on the website will be uninterrupted or error-free or that defects will be corrected.
-We may suspend, withdraw, discontinue or change all or any part of the website without notice.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
The website is for domestic and private use. If you use the website for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Even if we delay in enforcing this contract, we can still enforce it later
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
In case of contradiction between Citysurfing Terms and Conditions and any content contained in other parts of the website or in links, Citysurfing Terms and Conditions contained in this document prevail.
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this website as well as any purchase agreement executed between you and us, will be subject to the version of the Citysurfing Terms and Conditions in force at the time you place the order through this website or the day you browse this website (as applicable).
Please check the Citysurfing Terms and Conditions periodically for changes.
Sub-contracting and assignment
Citysurfing reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Citysurfing terms and conditions provided that your rights under Citysurfing terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Citysurfing terms and conditions without our consent in writing.
Events beyond reasonable control
Citysurfing will be not held responsible for any delay or failure to perform or comply with our obligations under the Citysurfing terms and conditions when the delay or failure arises from any cause which is beyond Citysurfing’ reasonable control.
Each provision of the Citysurfing Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Citysurfing Terms and Conditions.
Applicable law and jurisdiction
The Citysurfing Terms and Conditions shall be governed by the laws of Florida, and you agree to submit to the exclusive jurisdiction of the Courts of St. Petersburg, FL.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Citysurfing LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.