Allboatsclub.com - Terms of Services
v1.0These Terms of Service ("Terms") govern your access to and use of the Site and Services. By accessing or using the Services, you agree to these Terms and to the Allboats Club Privacy Policy, as updated from time to time. If you do not agree, do not use the Services. If you are using the Services on behalf of a company, organization, charter business, media brand, or other entity, you represent that you have authority to bind that entity to these Terms.
In these Terms, "Allboats Club," "we," "us," and "our" mean the operator of allboatsclub.com identified in the Site legal notices or other corporate disclosures made available through the Services.
1. Eligibility and Account Registration
You must be at least 18 years old, or the age of legal majority in your jurisdiction, to create an account or use creator, booking, payout, or provider tools. If you are under the age required by law to consent to digital services in your jurisdiction, you may use the public portions of the Services only with any consent required by applicable law.
To access certain features, you may need to create an account, submit an application, connect social or business accounts, provide onboarding information, or complete identity verification. You must provide accurate, current, and complete information and keep it updated at all times.
We may approve, reject, limit, suspend, or terminate any application or account at our sole discretion, including where we believe an account creates fraud, reputational, operational, legal, or payment risk.
2. Nature of the Services
Allboats Club operates a platform for yacht discovery, creator-led promotion, referral attribution, booking workflows, and related commercial tools. The Services may allow users to browse yachts, submit inquiries, make payments, compare offers, interact with creators or curators, and connect with independent charter providers.
Allboats Club is not the owner, operator, captain, insurer, or physical manager of the yachts listed by independent providers unless expressly stated in a separate written agreement. Charter Providers are solely responsible for the accuracy of their listings, their legal compliance, the seaworthiness and condition of vessels, and the actual performance of charter services.
Our role may vary by transaction. In some cases, we provide discovery and attribution only. In other cases, we may also facilitate booking flow, payment collection, or communication. Nothing in these Terms makes Allboats Club a party to the underlying charter contract between a Client and Charter Provider unless we expressly state otherwise in the booking flow.
3. Referral Links, Session Tracking, and Attribution
A core feature of Allboats Club is the ability for Creators, Curators, partners, and media pages to drive users to the platform through referral links, creator storefronts, curated collections, embedded widgets, campaign links, QR codes, discount codes, and similar attribution tools. By using the Services, you acknowledge and agree that we may track sessions and related activity for affiliate, creator, analytics, security, and payment purposes.
Tracking may involve cookies, local storage, pixels, link parameters, device identifiers, session identifiers, IP-derived region data, login state, timestamps, and other technical signals reasonably necessary to identify traffic sources, attribute bookings, prevent fraud, reconcile commissions, and improve platform performance.
Unless otherwise stated on the Site or in a separate creator or merchant agreement, attribution may remain active for up to 40 days after the user first clicks or otherwise engages with a qualifying referral path. During that period, a booking made anywhere on the Services may be attributed to the applicable Creator, Curator, campaign, or partner.
Attribution is not guaranteed in every case. Tracking may fail or become unavailable if, for example, cookies are blocked or deleted, privacy settings are changed, browsers or devices are switched, a different marketing source overrides the prior referral, or fraud or abuse is suspected.
Allboats Club retains sole discretion to determine attribution, commission eligibility, and the validity of referral traffic. Our internal logs, fraud tools, and payment records control in the event of any dispute relating to tracking or attribution.
4. Cookies and Similar Technologies
We use cookies and similar technologies to operate the Services, remember preferences, maintain sessions, attribute referrals, measure performance, personalize content, detect abuse, and support payment and payout functions. Your use of the Services constitutes consent to our use of such technologies to the extent permitted by applicable law. Where consent is required by law, you are responsible for making your selections through any consent tools we provide.
5. Client Bookings, Payments, and Reservation Flow
Clients may browse yachts, request quotes, submit charter inquiries, place reservation holds, and make payments through the Services. When a Client makes a payment, the Client authorizes Allboats Club and its payment providers to charge the selected payment method for all amounts disclosed during checkout, including deposits, service fees, processing fees, taxes, and any other applicable amounts.
Receipt of payment does not by itself guarantee that a yacht is finally confirmed. In many cases, a reservation remains subject to provider acceptance, inventory confirmation, compliance checks, identity checks, or additional documentation. We may temporarily hold or secure funds while confirmation is pending.
If a Charter Provider rejects or cannot fulfill a requested booking, Allboats Club may, but is not required to, suggest alternative options. If no alternative is accepted or available, funds may be refunded in accordance with the applicable cancellation or payment policy shown during checkout or otherwise communicated in writing.
The underlying charter service is provided by the Charter Provider. The Client is responsible for reading the charter agreement, provider policies, cancellation terms, security deposit requirements, and any destination-specific rules or qualifications. Charter Providers may require additional waivers, ID checks, licenses, crew selection documents, passenger information, or marina paperwork before departure.
6. Charter Providers
Charter Providers may create profiles, manage yacht listings, publish pricing or estimated pricing, respond to inquiries, and fulfill bookings through the Services. Each provider is solely responsible for ensuring its listings, fleet information, images, specifications, availability, terms, insurance, qualifications, and legal compliance are complete, current, and accurate.
By using the Services, a Charter Provider represents and warrants that it has all rights, licenses, approvals, insurance, and authority necessary to offer the listed charter services, to use the content it uploads, and to enter into binding contracts with Clients. A provider remains solely responsible for taxes, permits, safety, crew, local law compliance, and delivery of the booked services.
Allboats Club may charge Charter Providers platform fees, service fees, commissions, software fees, or other charges. Such amounts may be deducted from booking proceeds, netted against payouts, invoiced separately, or collected through another payment mechanism disclosed by us.
7. Creators, Curators, and Promotional Partners
The Services may allow approved creators, influencers, publishers, media brands, affiliates, and curators (collectively, "Creators") to promote yachts, destinations, providers, collections, or content through storefronts, collections, widgets, referral links, and other promotional tools. Creators are independent contractors and not employees, agents, or representatives of Allboats Club unless a separate written agreement expressly states otherwise.
We may approve, reject, or remove Creators at our sole discretion. A Creator must ensure that all connected social accounts, websites, pages, channels, and traffic sources are owned by the Creator or validly controlled by the Creator. We may request identity verification, business verification, tax forms, or additional compliance documents at any time.
Creators must comply with all applicable laws and advertising rules, including endorsement and disclosure requirements. Any content promoting a yacht, provider, destination, discount, or offer must clearly and conspicuously disclose any material relationship where legally required, including where the Creator may earn a commission from qualifying bookings.
8. Commissions, Payouts, and Reversals
Commission rates, payout percentages, estimated earnings, and attribution rules shown in the Services are informational only unless expressly fixed in a separate written agreement. Rates may vary by provider, yacht, geography, campaign, travel dates, seasonality, product type, negotiated deal structure, taxes, cancellations, refunds, payment processor charges, fraud controls, or other commercial considerations.
Commission eligibility depends on valid tracking, confirmed booking status, successful payment collection, expiration of refund or chargeback risk windows, provider reconciliation, and compliance with these Terms and any separate creator or provider agreement. We may delay, withhold, offset, reverse, or cancel commissions where we suspect fraud, abuse, duplicate attribution, self-referral, policy violations, booking cancellation, refund, chargeback, payment failure, or non-payment by the relevant Charter Provider.
Allboats Club may aggregate, batch, or schedule creator payouts. We are not a trustee, escrow agent, or fiduciary for any Creator, Client, or Charter Provider unless a mandatory law requires otherwise. To the maximum extent permitted by law, commissions are not earned until they are finally approved by us and all applicable booking and payment conditions are satisfied.
9. Prohibited Traffic, Circumvention, and Abuse
You may not use the Services, or any commission or attribution tools connected to the Services, in a deceptive, abusive, or unauthorized way. Prohibited conduct includes any attempt to manipulate bookings, referrals, provider visibility, or payout rights.
• Self-referrals, fake leads, fake inquiries, fake bookings, or transactions intended primarily to generate commissions or distort metrics.
• Using paid search, brand bidding, browser extensions, toolbars, injected scripts, pop-unders, cookie stuffing, forced redirects, hidden iframes, or any similar method to create or hijack attribution without our prior written consent.
• Operating cashback, coupon, loyalty, rebate, resale, sub-affiliate, white-label, or pass-through compensation models that rely on Allboats Club commission economics unless expressly approved in writing by us.
• Bypassing the Services to avoid platform fees, creator attribution, or payout rules after a user, provider, or booking opportunity is introduced through the platform.
• Using our creator, commission, or analytics infrastructure to compensate third parties who are not directly approved by Allboats Club under a separate contractual relationship.
• Scraping, harvesting, reverse engineering, copying structured data, or interfering with the security or normal operation of the Services.
• Publishing false, misleading, unlawful, defamatory, infringing, discriminatory, sexually explicit, or otherwise objectionable content, or content directed primarily to children where prohibited by law.
A violation of this Section is a material breach of these Terms and may result in immediate suspension or termination of access, cancellation or reversal of commissions, withholding of funds, removal of content, or any other remedy available at law or in equity.
10. Content, Social Accounts, and License to Us
You retain ownership of content you lawfully create and upload, subject to the rights you grant under these Terms. By posting, uploading, submitting, or otherwise making content available through the Services, you grant Allboats Club and its affiliates, service providers, and sublicensees a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt, modify, display, publish, distribute, perform, analyze, and use that content as needed to operate, promote, improve, secure, and market the Services.
You represent and warrant that you own or control all rights necessary to grant that license and that your content does not infringe, misappropriate, or violate the rights of any third party. We may remove, revise, restrict, de-rank, or refuse any content at any time and for any reason, with or without notice.
If you connect third-party social or commerce accounts to the Services, you also agree to comply with the terms, policies, and rules of those third-party platforms. We are not responsible for any third-party platform, API, algorithm change, policy update, outage, or enforcement action.
11. Confidentiality
Non-public information you receive through the Services or from us, a Creator, a Client, or a Charter Provider - including commission terms, negotiated rates, booking details, customer lists, discount codes, payout data, performance analytics, campaign terms, provider inventory information, and internal product functionality - is confidential information. You may use it only as necessary to lawfully use the Services and may not disclose it to any third party except as required by law or with prior written permission.
12. Third-Party Services and Links
The Services may include links to third-party sites, booking systems, payment processors, maps, marina tools, social platforms, communication providers, or embedded content. We do not control and are not responsible for those third-party services, their content, their terms, or their privacy practices. Your dealings with third parties are solely between you and the third party.
13. Intellectual Property
The Services, including all software, interfaces, page designs, databases, text, graphics, compilations, trademarks, logos, creator tools, analytics, and underlying technology, are owned by Allboats Club or its licensors and are protected by applicable intellectual property laws. Except as expressly authorized by us in writing, you may not reproduce, distribute, publicly display, reverse engineer, republish, sell, license, or create derivative works from the Services or any part of them.
You may not use any Allboats Club name, logo, trademark, domain, or confusingly similar identifier without our prior written consent.
14. Suspension and Termination
We may suspend, limit, or terminate your access to the Services, remove content, cancel bookings or payout eligibility, or deactivate tracking tools at any time and for any reason, including suspected fraud, legal risk, abusive conduct, non-payment, inaccurate information, chargeback activity, sanctions risk, inactivity, or breach of these Terms or any separate agreement.
You may stop using the Services at any time. Termination does not relieve you of obligations accrued before termination, including payment obligations, indemnity obligations, confidentiality obligations, or liability for prohibited conduct.
15. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLBOATS CLUB DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, secure, error-free, profitable, or suitable for your objectives; that any yacht, provider, creator, or booking opportunity will be available; that tracking will always function; that any booking will be accepted or fulfilled; or that any estimated earnings, traffic, exposure, or conversion results will actually occur.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALLBOATS CLUB AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BOOKINGS, BUSINESS OPPORTUNITY, OR REPUTATION, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALLBOATS CLUB ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO ALLBOATS CLUB IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $100.
17. Indemnification
You will defend, indemnify, and hold harmless Allboats Club and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, demands, disputes, investigations, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your use or misuse of the Services; (b) your content; (c) your breach of these Terms; (d) your violation of applicable law; (e) your dealings with any Client, Creator, or Charter Provider; or (f) any allegation that your content, marketing, traffic methods, listing, charter service, or promotion infringes or violates a third party's rights.
18. Dispute Resolution; Governing Law
To the maximum extent permitted by applicable law, these Terms are governed by the laws of the jurisdiction in which the contracting Allboats Club entity is organized, without regard to conflict-of-laws principles.
Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration on an individual basis, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect confidential information, intellectual property, payment rights, anti-circumvention rights, or platform security. If a claim is determined not to be arbitrable, it will be resolved exclusively in the courts located where the contracting Allboats Club entity is organized, and each party consents to that jurisdiction and venue.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ALLBOATS CLUB WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
19. Sanctions and Export Compliance
You represent and warrant that neither you nor any person or entity associated with your account is subject to sanctions or export restrictions that would prohibit use of the Services under applicable law. You may not use the Services in violation of sanctions, export control, anti-money laundering, anti-bribery, or similar laws.
20. Changes to These Terms
We may update these Terms from time to time. Updated Terms become effective when posted, unless we state a later effective date. Your continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms. If you do not agree to revised Terms, you must stop using the Services.
21. Miscellaneous
• Electronic communications. You consent to receive notices and other communications electronically, including by email, in-app notification, or posting through the Services.
• Entire agreement. These Terms, together with any policies and supplemental terms referenced in the Services, form the entire agreement between you and Allboats Club regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be enforced to the maximum extent permitted by law.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, restructuring, or sale of assets.
• No waiver. A failure to enforce any provision is not a waiver of that provision or any other provision.
• Survival. Sections that by their nature should survive termination will survive, including provisions relating to attribution, commissions, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and anti-circumvention.
Questions regarding these Terms may be submitted through the contact methods listed on the Site.
