FishingBooker Direct Terms of Use

These FishingBooker Direct Terms, which are an addition to FishingBookers’s Standard Terms of Use, represent a legal agreement (“Agreement”) between you, either an individual or a single legal entity ("You" or "you"), and FishingBooker, Inc., which has its Registered Office address at 101 West Main Street, Suite 101, Norfolk, 23510 Virginia (collectively, “the Company”, "we", or "us"), which operates FishingBooker Direct online services, available on the Platform. You and FishingBooker are each a "Party" and collectively the "Parties". This Agreement governs the use of FishingBooker Direct online services ("FishingBooker Direct Service").

Please read this Agreement carefully. You must agree to this Agreement before you can use the FishingBooker Direct Platform.

IF YOU DO NOT AGREE WITH THIS AGREEMENT OR DO NOT HAVE THE AUTHORITY TO AGREE WITH IT, YOU MUST NOT ACCEPT THIS AGREEMENT.

Preamble

  • The FishingBooker Direct Service is a separate product from the FishingBooker Standard Service;
  • In order to be a FishingBooker Direct Vendor, You must be an Active FishingBooker Vendor and, by using fishingbooker.com and its proprietary platform, mobile applications, software, content, and information, FishingBooker Direct Vendors agree to be bound by these Terms and FishingBooker’s Terms available here, including but not limited to articles about Liability & Indemnity, Prohibited Uses, Governing Law, Severability, Class Action Waiver, Security, Arbitration, Online Payment Model Agreement and Privacy Policy available here;
  • Payment processing services for Vendors on FishingBooker are provided by Stripe (Stripe, Inc.) and are subject to Stripe's Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). Vendors agree, if any of the information required to open and maintain a Stripe Connected Account changes, to inform FishingBooker, Inc. without delay in writing;
  • In order to book via the FishingBooker Direct Platform, Customers need to create an account on the FishingBooker Platform.

Definitions

“FishingBooker Direct” or “FishingBooker Direct Service” means a feature developed and protected by FishingBooker, Inc. and its affiliates and subsidiaries that allows Vendors to use a calendar and payment processing service, and manage bookings outside of FishingBooker’s standard service, AND allows Customers to pay and book trips outside the FishingBooker Standard platform

“FishingBooker Standard” or “FishingBooker Standard Service” means features and services we make available through our website at fishingbooker.com, the FishingBooker for Captains and FishingBooker Customer mobile applications, and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed. Under these services, we mean the reservation of fishing trips through the FishingBooker Standard platform where Vendors can make their fishing trip services available online for reservation, and Customers can book such fishing trips with Vendors.

“FishingBooker Direct Terms” means a legal agreement that defines the FishingBooker Direct Service and the rights and obligations of parties to that agreement. IN THE EVENT THAT THE FISHINGBOOKER DIRECT TERMS AND FISHINGBOOKER TERMS OF USE FOR STANDARD SERVICE ARE IN CONFLICT, FISHINGBOOKER DIRECT TERMS WILL TAKE PRECEDENCE.

“Vendor” or “Vendors”, according to FishingBooker Direct Terms, means a person, agency, or company offering their services via the FishingBooker Direct Platform.

“Customer” or “Customers”, according to FishingBooker Direct Terms, means a person, agency, or company booking services offered by a Vendor through the FishingBooker Direct platform.

“User” or “Users” means any person, agency, or company advertising or using any of the services provided on the FishingBooker Direct platform.

“Vendor Service Agreement” means a contractual relationship between the Vendor and the Customer when a Customer books a Vendor through the FishingBooker Direct platform. FishingBooker is not a party to this agreement. Policies, Content, and Conditions of the Vendor Service Agreement are set and defined by the Vendor.

“FishingBooker Direct Booking” means a request for a reservation, made by a Customer, of a service offered by the Vendor via the FishingBooker Direct platform.

“Information” or “Content" means any data and other information about a Vendor or Customer, including anything You or other Users post, on the FishingBooker Direct platform.

“Instructions” means instructions, web links, code, guidelines, specific tasks, descriptions, and all details in regard to the FishingBooker Direct Platform.

"Listing" means the Vendor's advertisement of various different fishing products and services that can be purchased, reserved, or consummated by Customers from the Vendor on the FishingBooker Direct platform.

“Processing Fee” means the fee(s) used to cover the cost of processing online transactions in relation to the FishingBooker Direct booking. The decision to assume, split, or transfer processing fees to the Customer rests solely with each individual Vendor.

“Connected account” means an account created on Stripe Connect that allows FishingBooker and Vendors to use the Online Payment model.

“Online Payment Model” means a business model where the Customer has the option to pay the full amount for the trip immediately when booking a trip.

General Terms

FishingBooker Direct is a platform that allows Vendors to use calendars, manage bookings, and use payment processing services for their offers via the FishingBooker Direct platform.

On the FishingBooker Direct platform, Vendors are able to create listings or use previously-created listings on the standard FishingBooker Platform and offer their service for Customers to book for a booking fee set by the Vendor.

The FishingBooker Direct Service offers Vendors an opportunity to offer their services directly to Customers that they have acquired independently (Customers that do not book those Vendors through the standard FishingBooker platform).

FISHINGBOOKER DIRECT IS A SEPARATE AND INDEPENDENT SERVICE FROM THE STANDARD FISHINGBOOKER SERVICE.

Customers can access booking options for trips on the FishingBooker Direct platform, through the Vendor’s website, or through other means of communication Vendors use including but not limited to Widgets, QR codes, links, and others.

When a Customer books a service offered by a Vendor via the FishingBooker Direct platform they enter into a Vendor Service Agreement, of which elements are determined by the Vendor during the listing creation process. FishingBooker Inc. is not a party of the Vendor Service Agreement, as FishingBooker, Inc. solely acts as a limited-purpose agent of the Users for the purpose of booking fishing services and facilitating payment processing services to the related Vendor service.

Customers who book via the FishingBooker Direct platform are not provided any of the additional FishingBooker Standard services such as Customer Support, Best Price Guarantee, and reimbursements outside the Vendor’s Cancellation Policy.

Vendor Terms

The Company agrees to a non-exclusive, non-transferable, and limited license to the Vendor in order to use the FishingBooker Direct platform provided by the Company. Vendors agree not to use FishingBooker Direct for any other purpose other than to provide services further described in this Agreement. Both Vendors and FishingBooker agree that the Company takes reasonable care to ensure that FishingBooker Direct does not have any harmful effect on the Vendor's electronic devices and customer experience. However, Vendors acknowledge and assume all risks in using FishingBooker Direct at all stages of the feature’s development.

In order to use the services provided by this Agreement, Vendors agree to provide all necessary information for the creation of a Stripe Connected account, unless the Vendor already has an existing Stripe Connected account with FishingBooker.

Please note that by creating a listing on the FishingBooker Direct Platform, and by adding its required features, amenities, descriptions, and policies, Vendors constitute their Offer and Terms, which constitute the “Vendor Service Agreement”, which Customers accept by booking a trip.

Vendor Eligibility Criteria

Vendors are not required to pay FishingBooker any joining or initial subscription fee(s) related to the use of FishingBooker Direct Services.

In order to be eligible to use FishingBooker Direct Services, the Vendor must meet the following criteria cumulatively:

  • The Vendor must already be an Active FishingBooker Vendor and has agreed to FishingBooker’s Standard Terms of Use;
  • The Vendor’s listings must be visible on the FishingBooker (Standard) Platform and available to be booked by customers (meaning they have completed a basic or enhanced credential check, and their calendar is not blocked).
  • The Vendor must have an active Liability Insurance Policy that includes third-party liability coverage;
  • The Vendor must meet the criteria to be eligible to use Online Payment Service options at fishingbooker.com and its’ mobile applications;
  • The Vendor must have active USA-based listings and the listings offered through the FishingBooker Direct platform must also be located in the USA.

Prerequisites for Vendors to Use FishingBooker Direct

  • Vendors shall incorporate a piece of code (widget) developed by the Company into their website in order to advertise their offer via FishingBooker Direct and through which Customers can access the FishingBooker Direct Platform. Alternatively, the Company will generate a unique QR code or a direct link for Vendors, through which Customers will be able to book the service(s) Vendors offer on the FishingBooker Direct Platform.
  • Vendors shall not (and shall not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the FishingBooker software; (ii) modify or create derivative works from the FishingBooker software, or (iii) introduce into the FishingBooker software any virus, worm, “back door,” Trojan Horse, or similarly harmful code.
  • In order for a Vendor to incorporate a FishingBooker widget onto their website, FishingBooker can either provide a piece of code and instructions for widget incorporation to a Vendor or a Vendor can provide FishingBooker representatives with access credentials to their website in order for the widget to be installed.
  • Vendors are solely responsible for maintaining the accuracy and completeness of their business information including but not limited to their name and address. FishingBooker is not responsible for any financial loss suffered by the Vendor as a result of incorrect or incomplete information provided by the Vendor themselves in connection with their Stripe Connected account.

Vendor’s Responsibilities

BY ACCEPTING THIS AGREEMENT, VENDORS CONFIRM THAT ALL CUSTOMER CONTACT INFORMATION PROVIDED BY THEM TO FISHINGBOOKER, FOR THE PURPOSE OF BOOKING THEIR SERVICES VIA THE FISHINGBOOKER DIRECT PLATFORM, HAS BEEN ACQUIRED IN COMPLIANCE WITH THE APPLICABLE DATA PROTECTION AND CONSUMER PROTECTION LAWS AND REGULATIONS, AND THAT THEY HAVE ACQUIRED PRIOR CONSENT FROM CUSTOMERS TO SHARE THEIR CONTACT INFORMATION WITH FISHINGBOOKER TO ENABLE THEM TO BOOK THEIR SERVICE VIA THE FISHINGBOOKER DIRECT PLATFORM.

  1. Vendors are responsible for issuing payment orders to FishingBooker (e.g. successful trips, in certain cases of canceled trips);
  2. Vendors are responsible for covering the cost of all incurred payment processing fees through Stripe or other applicable payment methods, with the exception of instances where they elect to split or transfer this responsibility to their Customers in accordance with relevant laws and regulations;
  3. Vendors are responsible, in the event of lost chargebacks, to provide all support and evidence to the Company and, in the event of a lost chargeback, to reimburse the Company to the full amount, including any associated fees;
  4. Vendors are responsible for the integration of FishingBooker Direct to their website or other means of communication with their Customers;
  5. Vendors are responsible for providing any supporting documentation requested by FishingBooker Direct representatives necessary to complete basic or enhanced checks of their listings;
  6. Vendors are responsible for notifying FishingBooker representatives immediately if a trip is canceled, shortened, or if their cancellation policy is in any way breached;
  7. Vendors are responsible for providing feedback about FishingBooker Direct to FishingBooker representatives about its functionality, errors, or anything else that occurs or that Vendors or the Company may find valuable;
  8. Vendors are solely responsible for their marketing activities and customer acquisition; When using FishingBooker’s trademark, Vendors must obtain prior consent from FishingBooker and abide by the Brand Guidelines available here. When using FishingBooker’s trademark or any other associations to FishingBooker in their marketing and customer acquisition activities, including obtaining customer contact information for sending promotional activities and links for booking via FishingBooker Direct, the Vendor must comply with the relevant laws and regulations, including but not limited to Data Protection Laws, Consumer Protection Laws, FTC Guidelines.
  9. Vendors are prohibited from redirecting customers who requested to book or booked their services via the FishingBooker Standard Services to book their services through the FishingBooker Direct Platform. The only customers eligible to use their Services through the FishingBooker Direct Platform are ones that Vendors acquired independently from FishingBooker.

Relationship with Vendors

You are an independent contractor of the Company, and this Agreement shall not be construed as creating any association, partnership, joint venture, employee, or agency relationship between You and the Company for any purpose. You do not have the authority (and shall not hold yourself out as having authority) to bind the Company, nor shall You make any agreements or representations on the Company's behalf without the Company's prior written consent.

The Company’s Responsibilities

  1. The Company is responsible for providing Vendors with a code for the integration of the FishingBooker Direct widget; Or, alternatively for creating a unique QR code or a direct link for Vendors, through which Customers will be able to book the service(s) they offer;
  2. The Company is responsible for providing support to the Vendors with the integration of the FishingBooker Direct widget and/or for providing a link/QR code that leads to the FishingBooker Direct Platform.
  3. The Company is responsible for providing support in the process of opening a Stripe Connected Account to Vendors who fulfil the criteria;
  4. The Company is responsible for dispersing funds as per the Vendor’s trip and cancellation policy;
  5. The Company is responsible for providing a Booking Management System infrastructure and product maintenance.

Payment Terms

This section regulates the use of the FishingBooker Direct Platform in regard to payment and processing fees.

Vendors are not required to pay FishingBooker any joining or initial subscription fee(s) related to the use of FishingBooker Direct Services.

The Company shall not make any payments to Vendors for services provided in relation to this Agreement.

The Company reserves the right to implement changes to the provisions of this agreement and incur charges for the use of Service, without notice. If You do not agree with them, You may not continue using FishingBooker Direct, and your listings will be removed/unpublished from the platform.

Payment Processor

FishingBooker uses Stripe (Stripe, Inc.) for payment processing services. By using Stripe payment processing services, Vendors are subject to Stripe's Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). Vendors also agree, if any of the information required to open and maintain a Stripe Connected Account changes, to inform FishingBooker, Inc. without delay in writing;

Vendors with existing Stripe Connected accounts are responsible for their account maintenance, as it is a prerequisite for using the FishingBooker Direct Platform.

Vendor-specific Payout Method

Vendors are solely responsible for the accuracy, completeness, and maintenance of their Payout Method information. FishingBooker is not responsible for any loss suffered by the Vendor as a result of incomplete or incorrect Payout Method information provided by the Vendors themselves.

All payments by FishingBooker to Vendors will be paid via Stripe, Paypal, ACH, Wire Transfer, or Check, and can only be paid upon receipt of an appropriate supporting document. FishingBooker may at its own discretion disable the usage of a certain payment method to a Vendor.

Additional Fees and Currency Conversions

Please note that Payment Methods and Payout Methods may involve the use of third-party payment service providers. These service providers may charge additional fees when processing payments and payouts, and FishingBooker is not responsible for any such fees and disclaims all liability in this regard. Your Payment Methods or Payout Methods may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider.

Please note that third-party payment service providers may impose transaction, currency conversion, or other fees based on the currency and on the exchange rate, and FishingBooker is not responsible for any such fees and disclaims all liability in this regard. Users are asked to contact their bank or credit card company if they have any questions about these fees or the applicable exchange rate.

At the Vendor's sole discretion, processing fees shall be either covered by the Vendor, split between the Vendor and the customer, or passed on to the customer, as applicable, according to the local laws and regulations of where their business is located.

In instances when the Vendor selects the option to transfer or split the responsibility of paying Processing fees to their Customers, this option applies to all of their FishingBooker Direct bookings until the settings are changed.

Chargebacks

In the event that a Customer initiates a chargeback, regardless of the reason for the chargeback, the Vendor is solely responsible for resolving the dispute directly with the Customer.

If a Customer initiates a chargeback for a booking made via the FishingBooker Direct platform, Vendors agree they will reimburse the full amount of the successful chargeback to FishingBooker as well as any additional fees in relation to that transaction.

In the event of a chargeback initiated by a FishingBooker Direct Customer, Vendors are responsible for providing FishingBooker representatives with supporting documentation (e.g., correspondence with the Customer) and assistance in relation to a particular Chargeback.

Modification

We may modify any of the terms and conditions in this FishingBooker Direct Agreement at any time, at our sole discretion. In such an event, Vendors will be notified by email. Modifications may include but are not limited to changes in the FishingBooker Business model, implementing fees for use of the platform, and changes in payment procedures. If any modification is unacceptable to you, you should terminate this Agreement. Your continued usage of the FishingBooker Direct platform following the posting of the change notice or a new FishingBookerDirect Service Agreement on our site will indicate your agreement to the changes.

Customer Terms

In order to book a Vendor via the FishingBooker Direct Platform, a Customer needs to create an account on the FishingBooker Platform.

Customers who book via the FishingBooker Direct platform enter into the Vendor Service Agreement directly with the Vendor, who bears sole responsibility for providing their Service to the Customers.

The Company solely acts as a limited-purpose agent of the Users for the purpose of booking fishing services, alongside facilitating the payment processing services for Vendors.
The Company may collect the Processing Fee from the Customers on behalf of the Vendor.

Processing Fees are used to cover the cost of processing online transactions in relation to the booking, The decision to assume or transfer processing fees to the Customer rests solely with each individual Vendor.

In instances where a Vendor elects to transfer or split the responsibility for Processing fees to their Customers, the Customer is liable for such fees in accordance with the applicable local laws and regulations of the state governing the booking (or the Vendor's business location).

Should processing fees be charged to a customer's debit card, or collected in any jurisdiction where such fees are prohibited by applicable local laws and regulations, the full amount of such fees will be promptly refunded

Customers who book via the FishingBooker Direct Platform are not provided any additional FishingBooker Standard services such as Customer Support, Best Price Guarantee, and reimbursements outside the Vendor’s Cancellation Policy.

Customers who book via the FishingBooker Direct platform will receive notifications and emails in regard to their respective bookings.

Please note that only General Terms (unless stated otherwise in the General Terms) and specific segments in the FishingBooker Standard Terms, marked as FishingBooker Direct Sections, apply to Customers booking via the FishingBooker Direct platform. GDPR Privacy Notice and Privacy Policy apply to FishingBooker Direct Customers in their entirety.

In the event that FishingBooker Direct Terms and FishingBooker Terms of Use for the standard service are in conflict, the FishingBooker Direct Terms will take precedence.

Cancellation Policy

A Vendor’s previously established cancellation policy for each listing applies to all bookings made in regard to that listing and will be enforced in the event of a cancellation within policy limits. The Extenuating Circumstances Policy is not applied to bookings made via FishingBooker Direct unless the Vendor applies their extenuating circumstances policy.

Customer Review Rules

You may submit your reviews, contributions, and fishing experiences.

By submitting reviews and contributions, you grant FishingBooker 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 on 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 programs that may damage or affect any system or data;
  • Your review does not contain questions or comments aimed at other Customers or Vendors, 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 any breach of these warranties.

We reserve the right not to publish reviews and to amend the content of reviews at any time, and to remove reviews from the 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 Team at [email protected] and we shall endeavor to remove any offending material.

Please read this Review Policy in our Platform Rules and Guidelines, as it constitutes an integral part of these Terms.

All the above rules apply to the reviews written by Customers who booked via the FishingBooker Direct Platform. These reviews will be shown on listings of Vendors who use the FishingBooker Direct Platform, along with reviews for trips booked via our standard services.

By submitting a verified review on the FishingBooker Platform, You grant an exclusive right to FishingBooker. All customer reviews written by FishingBooker Users will be copyrighted by FishingBooker with all rights reserved. No part of the reviews may be copied, changed in any format, sold, or used in any way other than what is outlined within this agreement, under any circumstances, without express permission from FishingBooker.

Other FishingBooker Direct Terms

Platform Uptime

The Company will use commercially reasonable efforts to ensure that FishingBooker Direct Services are available without interruption, except for any scheduled downtime needed to maintain the effective operation of the FishingBooker Platform, and when service interruptions are caused by conditions outside of FishingBooker's control. FishingBooker in no way guarantees that FishingBooker Direct Services will be available without interruption.

Rights

All Parties agree that the Company is the owner of FishingBooker Direct. All rights, titles, and interests in the Company shall remain the exclusive property of the Company and/or its licensors. Company Property is the confidential and proprietary property of the Company or third parties from whom the Company has obtained the appropriate rights. No right or license is granted or implied under any of the Company, its licensors, patents, copyrights, trademarks, trade names, service marks, or other intellectual property rights beyond the rights and restrictions set forth in the Agreement.

Data Protection

By agreeing to these Terms, you agree to FishingBooker’s Terms available at https://fishingbooker.com/pages/terms and Privacy Policy available at https://fishingbooker.com/pages/privacy;

General Provisions

The Company reserves the right to change the provisions under this Agreement, without notice. If You do not agree with them, You may not continue using the FishingBooker Direct platform and your listings will be removed/unpublished from the platform. Any disputes arising shall be governed by the provisions in effect at the time of claim.

Assignment

You may not assign any rights or obligations contained in this Agreement. The company may at its discretion, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

Termination

This Agreement shall commence on the Effective Date and shall continue until the Services are completed unless earlier terminated in accordance with the Agreement. The company has the right to terminate the Agreement at any time. Termination by the Company shall not affect already booked trips.

FishingBooker reserves the right to shut down the FishingBooker Direct Platform and all of its features at its own discretion at any time. In that case, active FishingBooker Direct Vendors will be given written notice prior to the FishingBooker Direct platform being closed. Closure of the platform shall not affect already booked trips.

Vendors may cease using the FishingBooker Direct feature at any time, with prior written notice to FishingBooker Customer Support. If Vendors have any upcoming FishingBooker Direct bookings and/or have any open disputes in relation to their FishingBooker Direct bookings, these FishingBooker Direct Terms will apply until the bookings are realized and/or disputes are resolved.

Upon termination, Vendors will promptly remove all mentions/links/materials of the FishingBooker Direct platform from their websites, social media, and marketing materials.

Widgets

By adding FishingBooker Widgets (the"Widget") to your website, you agree to be bound by the Content Terms – specifically the Widgets section of the Content Terms.