Document Updated: 14/1/2020
hello@castbooker.com
Welcome to Castbooker
These terms of use (this “Agreement”) represent a legal agreement between you, either an individual or a single legal entity (“You” or “you”), and ‘Castbooker’ owned by Clubmate Limited, a limited company registered in England and Wales under company number 11067127 and whose registered office is situated at Unit 4 Radford Way, Billericay CM12 0DP (‘we’, ‘our’ and ‘us’), which operates Castbooker (Castbooker) online services, available at the Website (You and Castbooker each a “Party” and collectively the “Parties”).
This Agreement governs your use of any Castbooker online services (“Services”), the Website, any software provided by Castbooker, including any updates and any accompanying written documentation (collectively, the “Software”). The Software, the Website, and the Services may be referred to as the “Products.”
By using the Website or any of the Products, or by clicking “I AGREE” or any similar button anywhere on the Website, you agree to be bound by the terms and conditions of this “Agreement”.
Please read this Agreement carefully prior to using the Website or the Products. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Services and Products immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement.
If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all the damages that the legal entity may suffer.
This Agreement, as the same may be modified from time to time, will remain in full force and effect at all times.
Definitions
- By “Castbooker” we mean the features and services we make available, including through our website at Castbooker.com and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
- By “Partner” we mean the person, business, organisation or club responsible for delivering and managing the fishing service(s) promoted through Castbooker.
- By “Customer/you“ we mean the person, agency or company paying for services delivered by the Partner through Castbooker.
- By “Service(s)” we mean the purchase of tickets, permits, memberships and experiences through Castbooker.com through which Partners can make their services available online for purchase, and through which Customers can make such purchases with Partners.
- By “information” or “content” we mean facts, images and other information about a Partner or Customer, including anything you or other users post on Castbooker.
- “Listing” means the Partner’s advertisement of various services that can be purchased, reserved, or consummated by you from the Partner on the Castbooker platform.
Scope of Services
Castbooker acts only in the capacity of an intermediary on behalf of the Partner that is providing your Services. By making a purchase through Castbooker, you are entering into a contract directly with the Partner and you will be subject to their terms and conditions and privacy policy. The delivery terms and conditions of a Partner can be obtained with the relevant Partner, if requested, prior to a purchase of their services being made. By confirming your purchase you are accepting the Partner’s terms and conditions and our terms and conditions.
Castbooker shall not be liable for anything stated in Partner’s terms and conditions. Our Agreement with you sets out what your rights and obligations are when you book or make a purchase through us.
From the point at which you make your purchase, we act solely as an intermediary between you and the Partner, transmitting the details of your purchase to the relevant Partner.
We expressly disclaim any liability in relation to the performance of the contract with the Partner, and this should be taken up with the Partner directly.
By registering with Castbooker, you are agreeing to meet the following conditions:
- You are at least 18 years old and have provided your real name and email address during registration of you or organisation.
- You may only register organisations you are authorised to represent.
- You and all Users are responsible for the security of your passwords or email accounts used to sign in to our Services.
- You agree to immediately notify us in writing of any unauthorised use of your password or account or any other breach of security and you must ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this clause.
- We reserve the right to reject or suspend any registration we consider inappropriate use of our Site.
- You must co-operate with us in all matters relating to the Services, provide us and our employees, with all information required to perform the Services.
- We retain and use all information provided to us via use of our Site strictly under our Privacy Policy.
- We may contact you by using e-mail or other electronic communication methods or by post and you expressly agree to this.
Accessing the Website and Castbooker Services
To register with Castbooker, you may be asked to provide certain registration details or other information, all of which is governed by our Privacy Policy. By registering with Castbooker, you represent and warrant that all registration information you submit is completely accurate.
We reserve the right to refuse service, terminate accounts, remove or edit content in its sole discretion and timing.
Pricing
Despite our best efforts, some of the Services listed on the website may be incorrectly priced.
The pricing quoted on the website is the responsibility of the Partner and is a guide price for your activity, booking, experience or membership. If in doubt, contact the Partner in advance of your purchase.
Cancellations & Unused Services
In the event that you are unable to use the services purchases made via Castbooker, you must contact the Partner and let them know.
As your contract is with the Partner, the Partner’s cancellation policy shall apply. We recommend that you read and understand the policy before your purchase. At no point will Castbooker be held liable by either the Customer or Partner for any cancelled or unused services.
Partner Requirements
As a Partner, you may create events, experiences, tickets, memberships & trips and listings to advertise those services. To create them, you will be asked a variety of questions. You acknowledge and agree that you alone are responsible for any and all content you post on your listings. Accordingly, you represent and warrant that any listing you post and any booking that you receive as a result of the listing and any Customer’s experience using a service you advertised on the Castbooker platform will not breach any agreements you have entered into with any third parties, and will (i) be in compliance with all applicable laws, tax requirements, intellectual property laws, and rules and regulations that may apply to any services you post (including having all required permits, licenses, and registrations), and (ii) not conflict with the rights of third parties.
Castbooker reserves the right, at any time and without prior notice, to remove or disable a listing for any reason, including ones that Castbooker, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or Castbooker’s policies, or that are otherwise harmful to the Website, Castbooker, or its Customers.
As a Partner, you understand and agree that Castbooker does not act as an insurer or as your contracting agent. If a Customer requests your services, any agreement you enter into with such Customer is between you and the Customer and Castbooker is not a party to it.
No Endorsement
Castbooker does not endorse any Partner, Customer, or listing. Although Partners and Customers are required by this Agreement to provide accurate information, Castbooker does not make any representations about, confirm, or endorse any Partner, Customer, or any Partner’s or Customer’s purported identity or background.
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Partners or Customers or other third parties will be limited to a claim against the particular Partner or Customer or other third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
Requirement to Review Partner Rules and Restrictions
Separate terms and conditions may apply to your reservation and purchase of Services that you select. It is your responsibility to read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Partner with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Partner’s rules and restrictions regarding availability and use of fares, products, or services. You acknowledge that some third-party Partners offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Partner’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, and in your forfeiting any monies paid for such a reservation.
Customer Review Rules
You may submit your reviews, contributions and fishing experiences, all of which are subject to our privacy policy.
By submitting reviews and contributions, you are granting Castbooker a non-exclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media.
By submitting your review, you represent and warrant that:
- You own or control the content of your review and it is your own original work. Reviews should be genuine experiences and content should be relevant and helpful to other Customers of the website;
- The content is not defamatory and does not infringe any applicable content laws – this means you should not submit reviews that contain words, language or content that is or may be considered unlawful, defamatory, libelous, abusive, racially or sexually offensive or obscene;
- Your review does not contain any harmful content, including, without limitation, viruses, worms, Trojan horses or other computer program that may damage or affect any system or data;
- Your review does not contain questions or comments aimed at other Customers or Partners or our staff and/or representatives;
- You will indemnify and hold harmless us and all our affiliates for all damages, costs and expenses incurred for breach of these warranties.
We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from this Website without notice after publication at our sole discretion.
Publication of these reviews and their content does not signify that we agree with the views and content given.
If you are offended by any content of a review or become aware of any postings that are in any way defamatory or in breach of the Terms of Use and/or Rules please let us know by contacting our Customer Service and we shall endeavor to remove any offending material.
Amendment
Castbooker may revise and update this Agreement from time to time at our sole discretion and timing. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website and Castbooker Products and Services thereafter.
Your continued use of the Website or Castbooker Products and Services following the posting of revised, updated, or changed Agreement means and shall constitute your acceptance and agreement to the revisions, updates, or changes.
Viruses, Hacking and Other Offences
You must not misuse our Site by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as amended by the Serious Crime Act 2015). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the Services, Website, and in the material published on it and any necessary software used in connection with the Services (“Software”). These works are protected by copyright laws and treaties around the world. All such rights are reserved.
Third Party Advertising
The Services may include advertisements and promotions by third-parties, which are necessary for us to provide the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third-party advertiser or promoter. We will not be liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisement on the Services.
The Services or third-party advertisers may provide links to other websites or resources. We have no control over such websites and resources and We are not responsible for the availability of such external sites or resources.
We do not endorse and are not liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Castbooker shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
Indemnity
You agree to indemnify us, and our subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of these Terms, whether you are a registered user or not. You are solely responsible for your actions when using the Services.
Nothing on this Website constitutes advice, nor does the transmission, downloading or sending of any information or the Material create any contractual relationship.
Disclaimer
You expressly understand and agree that your use of the Services is at your sole risk. The Services is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We will make reasonable efforts to maintain the Services, however, we are not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, mis-delivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorised use due to your sharing of access to the Services, or other interaction with the service. You are responsible for maintaining and backing-up your data and information that may reside on the Service.
We do not warrant that:
- the Services will meet your specific requirements;
- the Services will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Services will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; and
- any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained through or from the Services shall create any warranty not expressly stated in these Terms.
Limitation of Liability
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill; and
- wasted management or office time.
- whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, or fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
Governing Law and Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
