Terms of Service

Last updated: April 1, 2021

Thank you for visiting www.fishinglocal.ca which is owned and operated by FishingLocal Inc. These Terms Of Use govern your use of our site.

Please note that these terms and conditions contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

Definitions

By "FishingLocal/us/we/our" we mean the features and services we make available, including through our website at www.fishinglocal.ca and any other branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.

By "Vendor/you" we mean the person, agency or company responsible for delivering and managing the fishing trip service rendered through FishingLocal.ca.

By "Customer/you" we mean the person, agency or company paying for services delivered by the vendor through FishingLocal.ca

By "User(s)/you" we mean any person, agency or company advertising or using any of the services provided on the FishingLocal platform.

By "Service(s)" we mean the reservation of fishing trips through FishingLocal.ca through which Vendors can make their fishing trip services available online for reservation, and through which Customers can make such fishing trip reservations with Vendors.

By "Information" or "content" we mean data and other information about a Vendor or Customer, including anything you or other users post on FishingLocal.

By "Listing" we mean the Vendor's advertisement of various different travel products and services that can be purchased, reserved or consummated by you from the Vendor on the FishingLocal platform.

By "Site" we refer to the website located at www.fishinglocal.ca owned FishingLocal Inc.

Your Acceptance of These Terms of Use

This document and the other documents that we reference below make up our Terms of Use (the “Terms” for short). The Terms are a legally binding contract between you and FishingLocal. These Terms of Use apply to all users of this Site. By using this Site you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use this Site.

Your Acceptance of Our Privacy Policy

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy and any applicable Privacy Notices, which are expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All Personal Information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Your Consent to Other Agreements

When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”

Ownership of this Site and its Contents

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of Canada and other countries. All Content and intellectual property rights therein are the property of FishingLocal or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media

Your Account with FishingLocal

You’ll need to create an account with FishingLocal to use some of our Services. Here are a few rules about accounts with FishingLocal:

  1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use FishingLocal or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor's access to material online. For more information, see FishingLocal 's Minors Policy.

  2. Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

  3. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

  4. You're responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

  5. Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure.

Your Content

    Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like listing names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

  1. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

  2. Permission to Use Your Content. By posting Your Content through our Services, you grant FishingLocal a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help FishingLocal function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree FishingLocal may offer you or FishingLocal customer promotions on the Site, from time to time, that may relate to your listings.

  3. Rights You Grant FishingLocal. By posting Your Content, you grant FishingLocal a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote FishingLocal, your FishingLocal listing, or the Services in general, in any formats and through any channels, including across any FishingLocal Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

  4. Reporting Unauthorised Content. FishingLocal has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us at info@fishinglocal.ca. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

  5. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on FishingLocal’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

Our Services

FishingLocal only acts in the capacity of an intermediary on behalf of the Vendor that is providing the Services. By making a booking through FishingLocal, Customers are getting into a contract directly with the Vendor and they will be subject to the Vendor's terms and conditions. The delivery terms and conditions of a Vendor can be obtained from the relevant Vendor, if requested, prior to a booking being confirmed or along with the booking confirmation. By confirming a booking Customers are accepting the terms and conditions of the Vendor as well as the FishingLocal Terms and Conditions. If there is a discrepancy between the Vendor's private cancellation policy and that stated on their FishingLocal Listing, the one stated on the listing applies.

FishingLocal shall not be liable for anything stated in the Vendor's terms and conditions. FishingLocal’s Agreement with Users sets out what User rights and obligations are when they book or reserve fishing trips through FishingLocal.

From the point at which a Customer makes a reservation, FishingLocal acts solely as an intermediary between the Customer and the Vendor, transmitting the details of the reservation to the relevant Vendor and sending the Customer a confirmation email for and on behalf of the Vendor.

FishingLocal will do our best to assist you, but will have no liability and expressly disclaim any liability in relation to the performance of the contract with the Vendor, and this should be taken up with the Vendor directly.

This Website is offered and available to Users who are eighteen (18) years of age or older. By using this Website or any of the FishingLocal Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Website or any of the FishingLocal Products or Services. FishingLocal is not in any way liable for damages that may arise from you providing false information about your age. If you are using the Website or any of the FishingLocal Products or Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website and the FishingLocal services only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations.

FishingLocal makes available an online platform with related technology for Customers and Vendors to meet online and arrange for bookings of fishing trips with each other. FishingLocal is not an owner, operator nor provider of the properties, including but not limited to boats, equipment, accommodations, etc.

Your Use of Our Services

License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services - subject to the Terms and the following restrictions in particular:

  1. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licences that your vessel requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale of your services, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against FishingLocal, another FishingLocal user, or a third party.

  2. You are responsible for paying all fees that you owe to FishingLocal. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

  3. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services. If you want to use our API, please follow our API Terms of Use.

  4. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

  5. The name " FishingLocal " and the other FishingLocal marks, phrases, logos, and designs that we use in connection with our Services (the FishingLocal Trademarks), are trademarks, service marks, or trade dress of FishingLocal in Canada and other countries.

  6. Any unsolicited ideas or other materials you submit to FishingLocal (not including Your Content or listings you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Termination

Termination of your account:

We'd hate to see you go, but you may terminate your account with FishingLocal at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. Please note that you’ll still have to pay any outstanding bills.

Termination of your account by FishingLocal:

We may terminate or suspend your account (and any accounts Etsy determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to list or buy on our websites or mobile apps. Generally, FishingLocal will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you. If you or FishingLocal terminate your account, you may lose any information associated with your account, including Your Content.

FishingLocal reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in FishingLocal’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

These Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

Warranties and Limitation of Liability

You understand that FishingLocal does not inspect any of the services through our Services. We provide the venue; the trips in our marketplace are listed, and sold directly by independent vendors, so FishingLocal can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to a trip you purchase must be brought directly against the vendor of the trip. You release FishingLocal from any claims related to trips sold through our Services, including for misrepresentations by vendors, or trips that caused physical injury.

You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. FishingLocal is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others.

Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter and Instagram). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. FishingLocal is not a party to those agreements; they are solely between you and the third party.

Indemnification

Each Customer and Vendor, by making use of any of the Services of FishingLocal or the Website agrees to release, defend, indemnify, and hold FishingLocal and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from any and all claims, liabilities, damages, losses and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with their use of any of the Website or FishingLocal Products or Services. Notwithstanding any law relating to the limitation of liability, Vendors and Customers agree to fully indemnify FishingLocal in the full amount of damages actually paid by FishingLocal pursuant to a dispute or controversy.

User (the "Indemnifying Party") will defend and indemnify FishingLocal (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:

  1. The Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements)

  2. The Indemnifying Party's breach of any representation, warranty or covenant set forth herein

  3. 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

  4. 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

  5. The Indemnifying Party's failure to provide accurate information related to their listing which results in legitimate claims of false advertising

Waiver

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by APM of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue

These Terms of Use will be governed under the laws of the Province on Ontario without regard to its conflicts of law provisions. All actions or proceedings arising out of or relating to these Terms of Use will be venued exclusively in provincial or federal court in Toronto, Ontario. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms of Use is taking place or originating.

Force Majeure

FishingLocal shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, lockdowns, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Disputes with Other Users

If you find yourself in a dispute with another user of FishingLocal’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Customers and Vendors who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. FishingLocal will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. FishingLocal has no obligation to resolve any disputes.

Release of FishingLocal. You release FishingLocal from any claims, demands, and damages arising out of disputes with other users or parties.

Endorsement

FishingLocal does not endorse any Vendor, Customer, or listing. Although Vendors and Customers are required by this Agreement to provide accurate information, FishingLocal does not make any representations about, confirm, or endorse any Vendor, Customer, or any Vendor’s or Customer’s purported identity or background.

FishingLocal has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any Listings or Vendor, the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Customer Content, or the performance or conduct of any Customer or third party. FishingLocal does not endorse any Customer, Listing or Vendor. Any references to a Customer or a Vendor being "verified" (or similar language) only indicate that the Customer or a Vendor has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by FishingLocal about any Customer, including of the Customer's identity or background or whether the Customer is trustworthy, safe or suitable. Vendors should always exercise due diligence and care when deciding whether to book a trip, accept a booking request from a Customer, or communicate and interact with other Customers, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by FishingLocal of any Vendor or Listing. By using the Site, Users agree that any legal remedy or liability that they seek to obtain for actions or omissions of other Vendors or Customers or other third parties will be limited to a claim against the particular Vendor or Customer or other third party who caused them harm. Users agree not to attempt to impose liability on or seek any legal remedy from FishingLocal with respect to such actions or omissions.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified Your use of the Services following the changes constitutes your acceptance of the updated Terms. Users are expected to check, read and agree to this page each time they access or utilize FishingLocal Products and Services so they are aware of any revision, update, or change, as they are binding on them immediately.