Castbooker Terms

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Terms of Use

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.

Privacy Policy

Document Updated:  14/1/2020
hello@castbooker.com

Castbooker is owned by Clubmate Limited. It is a company incorporated in England and Wales, (no. 11067127) and whose registered address is Clubmate Ltd, Unit 4 Radford Way, Billericay, Essex, CM12 0DP United Kingdom.

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

1. Important Information And Who We Are

Purpose Of This Privacy Notice

This privacy notice aims to give you information on how Clubmate Ltd collects and processes your personal data, including any data you may provide through our website when you sign up to our newsletter, purchase our service and/or product or take part in a competition.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

This privacy notice supplements the other notices and is not intended to override them.

Controller

Clubmate Ltd is the controller and responsible for your personal data (collectively referred to as the ”Company”, “we”, “us” or “our” in this privacy notice).

If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact Details

Our full details are:

Full name of legal entity: Clubmate Ltd

Email address: hello@clubmate.co.uk

Postal address: Unit 4 Radford Way, Billericay CM12 0DP

Telephone number: 0333 987 4677

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes To The Privacy Notice And Your Duty To Inform Us Of Changes

This version of Clubmate Ltd’s Privacy Notice is the first version.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party Links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, family and lifestyle information, date of birth and gender.

Contact Data includes address, billing address, emergency contact details, email address and telephone numbers.

Financial Data includes bank account and payment card details.

Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

Usage Data includes information about how you use our website, products and services.

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We may collect Special Categories of Personal Data about you (this may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, information about your health and genetic and biometric data). We do not collect any information about criminal convictions and offences.

If You Fail To Provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How Is Your Personal Data Collected?

We use different methods to collect data from and about you including through:

Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

apply for our products or services;

leave a review;

create an account on our website;

subscribe to our service or publications;

request marketing to be sent to you;

enter a competition, promotion or survey; or

give us some feedback.

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookies policy.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

analytics providers;

advertising networks; and

search information providers.

Contact, Financial and Transaction Data from providers of technical, payment and delivery services.

Identity and Contact Data from data brokers or aggregators.

Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.

4. How We Use Your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you.

Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Where we need to comply with a legal or regulatory obligation.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes For Which We Will Use Your Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interest
To register you as a new customer

(a) Identity

(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms, your account or our privacy policy

(b) Asking you to leave a review or take a survey

(c) Providing you with our service/product

(a) Identity

(b) Contact

(c) Financial

(d) Profile

(e) Marketing and

Communications

(f) Transaction

(g) Technical

(h) Usage

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and

Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and

Communications

(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Promotional Offers From Us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party Marketing

We will get your express opt-in consent before we share your personal data with any company outside of Clubmate Ltd for marketing purposes.

Opting Out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookies policy.

Change Of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. Disclosures Of Your Personal Data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

External Third Parties as set out in the Glossary.

Specific third parties such as Stripe, GoCardless and Campaign Monitor (see EXTERNAL THIRD PARTIES section of the Glossary for more information).

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International Transfers

Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. Data Retention

How Long Will You Use My Personal Data For?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

Request access to your personal data.
Request correction of your personal data.
Request erasure of your personal data.
Object to processing of your personal data.
Request restriction of processing your personal data.
Request transfer of your personal data.
Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

No Fee Usually Required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What We May Need From You

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time Limit To Respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

Lawful Basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

External Third Parties

Service providers acting as processors who provide IT and system administration services, sales and CRM services, transactional and financial services (including platforms providing services to allow direct debit payments), clothing & ID card services, social media marketing planning services, booking services, communication services so that we can communicate with you and you can communicate with us, SMS delivery services and information security, including (but not limited to):

GoCardless (platform allowing you to create your members Direct Debit payments);

Stripe (platform allowing you to create your members card payments);

Digital ID (Membership card supplier & fulfilment service)

The Code Guy & Clubright (software development partners which assist us in the development and maintenance of our product/service).

Clothes2Order (Club clothing supplier & fulfilment service)

Third party application partners that provide services integrated into our product/service and/or other applications.

Professional advisers acting as processors or joint controllers including lawyers, accountants, bankers, auditors and insurers who provide consultancy, banking, accounting, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

Your Legal Rights

You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.

Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party)and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

(a) if you want us to establish the data’s accuracy;

(b) where our use of the data is unlawful but you do not want us to erase it;

(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

 
 

Partner Agreement

Document Updated:  14/1/2020
hello@castbooker.com

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”). 

Definitions

  • “Customer”, “Angler”, or “User” mean a person or organization that purchases Fishing Trips from Partner with the assistance of Castbooker’s Services.
  • “Castbooker”, means Clubmate Limited, a company registered in the UK with company number 11067127 and whose registered office is Unit 4 Radford Way, Billericay CM12 0DP
  • “Clubmate Software” The software owned by Castbooker which may be licenced to Partners on the terms of a separate licence agreement between Castbooker and the Partner.
  • “Website” mean the Website owned by Castbooker and which has the URL Castbooker.com and any and all other Websites owned or operated by Castbooker over which Castbooker offers online advertisement services.
  • “Partner”, or “you” means any registered user of Castbooker’s Services that publishes listings and any related information to Castbooker’s Website for the purposes of holding out and offering fishing trips or fishing trips related services through the Castbooker Website. Partners include any party involved in offering or providing fishing trips to Castbooker Users by publishing listings on the Castbooker platform.
  • “Listing” means the Partner’s advertisement of various different travel products and services that can be purchased, reserved, or consummated by you from the Partner on the Castbooker platform.
  • “Terms” means this Agreement, the Terms of Use and the Privacy Policy.

 

Order of Precedence with respect to Castbooker Terms. The provisions of this Agreement are supplemented by the Terms of Use and the Privacy Policy (a current copy of which can be accessed at: Castbooker.com), which are incorporated herein by reference. (As noted herein, Castbooker may revise or update the Terms of Use from time to time.) The Parties’ relationship under this Agreement is governed by the provisions of this Agreement and the Terms of Use, except that the terms of this Agreement take precedence over any conflicting or contradictory provisions in the Terms of Use.

 

Acceptance

Use of Castbooker Services constitutes acceptance of this Agreement. Partner accepts the Terms and Conditions of this Agreement by: (i) clicking to accept or agree to the Terms and Conditions, where this option is made available by Castbooker in the user interface for any Service; or, (ii) by actually using the Services. In the case of (ii), Partner understands and agrees that its use of the Services constitutes and denotes acceptance of this Agreement, including all of its Terms and Conditions, from that time onward.

Partner Obligations

Partners agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Website, their use of any tool, service or product offered on the Website, and any transaction they enter into in connection with their use of the Website.

 

As a Partner, you may create listings. To create one, you will be asked a variety of questions. You acknowledge and agree that you alone are responsible for any and all content you post related to any fishing trip. Castbooker reserves the right, at any time and without prior notice, to remove or disable access to any Castbooker 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 then-current 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 makes a purchase via your listing, any agreement you enter into with such Customer is between you and the Customer and Castbooker is not a party to it.

Costs

Partners are not required to pay Castbooker any joining or initial subscription fee(s) related to use of Castbooker’s Services. Castbooker, however, reserves the right to charge subscription fees at any time and shall notify Partners of any changes in subscription fee policies. 

Online Purchases, Bookings & Memberships through Clubmate

 

To accept purchases for tickets, bookings, memberships & fishing experiences via Castbooker, a Partner will need a licence for Clubmate Software. The pricing per purchase, booking, membership or experience will be displayed on both the Castbooker and Clubmate Software websites and are subject to change. Please refer to the Clubmate Software Terms for more details.

 

Listings & Content

All Content and copy edits submitted by Partners are subject to review and approval at Castbooker’s sole discretion. We reserve the right to refuse to publish any Content that we determine, in our sole discretion, does not comply with the Terms or is otherwise unacceptable to us. However, we assume no duty to review Content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, Content and/or photographs or any change made to any Content, photograph or copy submitted by any Partner. All Content must meet these Terms. We reserve the right to edit Content submitted to comply with our Content guidelines or formatting requirements.

 

Partners are responsible for reviewing and ensuring that any Content displayed on the Website appears as the Partner intended.

 

Castbooker is not responsible for any inaccuracy or incompleteness in the information provided by Partner. It is the Partner’s obligation to ensure the accuracy of all listing Content.

 

If Partner discovers that listing details are inaccurate or incorrect, it is the Partner’s sole responsibility to correct the information in the Partner account interface or contact a Castbooker representative to resolve any such error.

 

We may, without notice to you, suspend or cancel your listing at any time without receiving notice from you or giving notice to you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.

 

Posting any Content that Castbooker deems threatening, defamatory, infringing, unlawful, abusive, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, profane, libelous, harassing, or otherwise objectionable is prohibited. You also agree to not post Content that violates any third-party rights, including any Intellectual Property Rights, rights of publicity and privacy. Castbooker reserves the right to remove Content at its sole discretion.

Listing Order of Priority

Listings will be displayed in relevance to the search criteria and will be prioritised in the following order:

Priority 1: Promoted listing

Priority 2: Listing that offers online purchases including but not limited to tickets, bookings, memberships and purchases

Priority 3: Listings that do not offer the ability for visitors to make a purchase online

Castbooker reserves the right to amend the order of priority for individual, selected or all listings without notice.

Promoted Listings

From within your Castbooker account dashboard, you have the option to promote your listing for a set fee and for a set period of time. The fee and time period of promotion will be displayed during the checkout process.

 

Once payment has been processed and accepted, your listing will be promoted for the agreed time period (see Listing Order of Priority). Once the agreed time period has ended, your promotion will expire.

 

Promotions are non-refundable however you can cancel the promotion at any time via your account dashboard.

 

Partnerships

 

Castbooker has partnered with the Angling Trust to provide a discounted service to Angling Trust organisations’ members. If your organisation is a member of the Angling Trust then you will benefit from our discounted Services fees in return for us sharing (non-personally identifiable information) data with the Angling Trust.

 

If a Partner chooses to benefit from discounted fees with one of our partners, they authorise Castbooker to share (non-personally identifiable information) data related to their organisation with our partners. The member’s data will include your name, volume of active members, gender, disability & post code. Castbooker will never share personally identifiable information without explicit agreement from your organisation and its members.

 

In all current and future partnership collaborations, our Privacy Policy will be strictly adhered to and we will conform to all data protection legislation in force always.

Uptime 

Castbooker will use commercially reasonable efforts to ensure that interfaces to Partner and User access to Castbooker Services are available without interruption, except for any scheduled down time needed to maintain the effective operation of the Castbooker Website and when service interruptions are caused by conditions outside of Castbooker’s control. Castbooker in no way guarantees that Services will be available without interruption.

License

For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged You hereby grant Castbooker, Inc. and its successors, licensees and assignees all your rights in your Content and right for commercial use of your name, image, likeness, or any other other identifying aspect of identity. By listing and posting Content you grant Castbooker an irrevocable, sub-licensable, transferable, perpetual, non-exclusive, royalty-free, worldwide license to use, duplicate, modify, publish, list information regarding, alter, translate, distribute, publicly perform, publicly display, and make derivative works of, all Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology now known or developed in the future for use in Castbooker’s (and its successors’ and affiliates’) business. You also hereby grant each User of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the use of Castbooker’s Service. By listing and posting Content You waive any right to royalties or other compensation arising or related to the use of Your Content. There is no time limit on the validity of the release nor is there any geographic limitation on where your Content may be distributed. By agreeing on Partner Agreement You acknowledge that You have completely read and fully understand the release and agree to be bound thereby and that agreement shall be binding upon You and Your heirs, legal representatives and assignees.

Copyright infringement 

 

Castbooker does not allow copyright infringing activities on the platform. We will remove a party’s data or content from Castbooker if we are properly notified that it infringes on another’s copyright.

 

In order for Castbooker to take action, you must notify us in the following manner:

 

(1) provide us with your full name and physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;

(2) identify the copyrighted work that you believe is being infringed, or, if multiple copyrighted works are covered by the notice, a representative list of such works;

(3) identify the item that you think is infringing and which is to be removed or access to which is to be disabled, and include sufficient information about where the material is located (including which website) so that Castbooker can find it (such as the item’s URL);

(4) provide Castbooker with a way to contact you (such as address, telephone number, or email);

(5) provide a statement that you believe in good faith that the item identified as infringing is not authorized by the copyright owner, its agent, or the law to be used by Castbooker; and

(6) provide a statement that the information you provide in your notice is accurate, and that under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the copyright owner whose work is allegedly being infringed.

We will notify the alleged infringer that you have claimed ownership of the rights in this content and that we have complied with your takedown notice for the content. Please contact us at hello@castbooker.com with the above mentioned information.

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.

Indemnification

Partner (the “Indemnifying Party”) will defend and indemnify Castbooker (the “Indemnified Party”) against any and all claims, losses, costs and expenses, including reasonable attorneys’ fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from: (a) the Indemnifying Party’s intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements); (b) the Indemnifying Party’s breach of any representation, warranty or covenant set forth herein; (c) the infringement of any third party’s intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party; and (d) the Indemnifying Party’s failure to collect all taxes, fees and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party.

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.

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FEEDBACK FORM

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If you can spare a few moments of your time, please let us know what you like about Castbooker, what you don’t and anything else you think we could do o improve your experience. 

Many thanks in advance, every comment helps!