Terms and Conditions

Last updated: October 18, 2025

1. Introduction and Acceptance of Terms

Welcome to WeBoating.com (the “Marketplace”), a global online water adventures marketplace operated by ELITE CARD INC. (“EliteCard“, “we“, “us“, or “our“), incorporated in British Columbia, Canada. These Terms & Conditions (“Terms“, “Agreement“) govern your access to and use of the Marketplace, and all related services, features, content, and functionality offered by EliteCard (collectively, the “Services“).

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions, our Privacy Policy, our Cookie Policy, and any other policies referenced herein or made available on our Marketplace. If you do not agree with any part of these Terms, you may not access or use the Services. Notices under these Terms will be sent via the email address associated with your Account or by posting on the Marketplace interface.

Electronic Communications: When you use our Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically—such as e-mails, texts, mobile push notices, or notices delivered via the Marketplace interface—and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

These Terms constitute a legally binding agreement between you, as an individual user (whether a Customer or a Vendor, as defined below), and EliteCard.

Language: The parties have expressly requested that these Terms and all related documents be drawn up in English. Any translation of these Terms is provided for convenience only, and the English version will govern your relationship with EliteCard and will prevail in case of any discrepancy. You waive any right to rely on translated versions.

2. Definitions

For the purpose of these Terms & Conditions, the following definitions apply:

“Account” refers to the user account created by either a Customer or a Vendor on the Marketplace to access and use the Services.
“Booking” means the reservation and purchase of a Water Experience by a Customer through the Marketplace.
“Content” refers to any text, graphics, images, audio, video, information, data, software, compilations, or other materials generated, provided, or otherwise made available through the Services, including User Content.
“Cookie Policy” means EliteCard’s Cookie Policy, available at https://weboating.com/legal-and-compliance/cookie-policy/.
“Customer” means a User of the Services who browses, inquires about, or books Water Experiences offered by Vendors.
“Dispute” means any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof.
“EliteCard,” “we,” “us,” “our” refers to ELITE CARD INC., a Canadian corporation based in Vancouver, British Columbia, operating the WeBoating.com Marketplace.
“Fees” refers to any and all amounts payable by Users to EliteCard for the use of the Services, including but not limited to processing fees, administrative charges, and other charges, but excluding the Service Fee (as defined below).
“Force Majeure” means an event beyond the reasonable control of a party, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
“Listing” means a Water Experience offered by a Vendor for Booking through the Marketplace.
“Marketplace” refers to the WeBoating.com platform that facilitates connections and transactions between Customers and Vendors.
“Personal Data” has the meaning ascribed to it in our Privacy Policy.
“Privacy Policy” means EliteCard’s Privacy Policy, available at https://weboating.com/legal-and-compliance/privacy-policy/.
“Service Fee” means the commission deducted by EliteCard from Vendor payouts for Bookings facilitated through the Marketplace.
“Services” refers collectively to the Marketplace, any associated mobile applications (if applicable), and all related services, features, content, and functionality offered by EliteCard.
“User” refers to any individual or entity that accesses or uses the Services, whether as a Customer, Vendor, or visitor.
“User Content” means any Content that a User posts, uploads, publishes, submits, transmits, or includes in their Listing or Account to be made available through the Services.
“Vendor” means an individual or legal entity that registers an Account on the Marketplace to create and offer Listings for Water Experiences to Customers.
“Water Experience” refers to any water-related activity, tour, rental, or service offered by a Vendor and available for Booking on the Marketplace.

3. About WeBoating.com – Our Role as a Marketplace

WeBoating.com operates solely as an online Marketplace. We provide a platform that connects Customers seeking unique water adventures with independent Vendors who offer and provide these Water Experiences.

EliteCard’s role is limited to operating the Marketplace and facilitating processes thereon, including:

Facilitating the display of Listings and enabling the Booking process on the Marketplace.
Processing payments on behalf of Vendors (as a payment facilitator) through the Marketplace. For clarity, EliteCard facilitates the transaction between Customers and Vendors and collects payments from Customers on behalf of Vendors. EliteCard does not act as a trustee or hold funds in trust on behalf of Vendors or Customers.
Providing customer support related to the use of the Marketplace and the Booking process facilitated by the Marketplace.

EliteCard IS NOT:

A provider or owner of Water Experiences. Vendors are independent contractors, and not employees, agents, or partners of EliteCard.
EliteCard does not sell, resell, or arrange travel services and is not required to be licensed under BC’s Travel Industry Regulation
Responsible for the quality, safety, legality, or suitability of any Water Experience offered by Vendors. Vendors are solely responsible for their Listings and the Water Experiences they provide. EliteCard specifically disclaims all warranties of merchantability, fitness for a particular purpose, or non-infringement regarding any Water Experience offered by Vendors (see Section 9 – Disclaimers).
Responsible for the acts or omissions of any Customer or Vendor. Any contract entered into for a Water Experience is directly between the Customer and the Vendor.
A bank, custodian, or money-transmission service and does not provide any financial, fiduciary, or investment advice.

By using our Services, you understand and agree that EliteCard is not a party to any agreements entered into directly between Customers and Vendors, nor is EliteCard a broker, agent, or insurer for any Customer or Vendor. EliteCard has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of any Listings or Water Experiences, (b) the truth or accuracy of any Listing descriptions, ratings, reviews, or User Content, or (c) the performance or conduct of any Customer or Vendor. Delays or cancellations by Vendors may, in certain circumstances, be excused by Force Majeure events as defined in Section 2.

4. User Accounts

To access certain features of the Marketplace, including Booking Water Experiences as a Customer or creating Listings as a Vendor, you must register for and maintain an Account.

Eligibility: You must be at least 18 years old and capable of forming a binding contract to create an Account and use our Services. By creating an Account, you represent and warrant that you meet these eligibility requirements.
Account Registration: When registering for an Account, you agree to:
- Provide accurate, current, and complete information as prompted by the registration forms.
- Maintain and promptly update your Account information to keep it accurate, current, and complete.
- You are responsible for all activities that occur under your Account and for maintaining the confidentiality of your password.
- Email Verification: You must verify your email address as part of the registration process. Failure to verify your email within 48 hours may result in the suspension or termination of your Account.
- Account Security: We strongly recommend enabling multi-factor authentication (MFA) for your Account for enhanced security. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account, whether or not you have authorized such activities. EliteCard will not be liable for any loss or damage arising from your failure to comply with this section.
- You agree to notify EliteCard immediately of any unauthorized use of your Account or any other breach of security.
Prohibited Account Actions: You may not create an Account for anyone other than yourself, use another User’s Account without permission, or impersonate another person or entity. Sharing Account credentials is strictly prohibited.
Account Suspension or Termination:EliteCard reserves the right to suspend or terminate your Account and your access to the Services at our sole discretion, without prior notice or liability, for any reason, including but not limited to:
- Breach of these Terms.
- Suspected fraudulent, abusive, or illegal activity.
- If we believe your actions may harm EliteCard, our Users, or third parties.
- Extended periods of inactivity (e.g., 12 consecutive months without login activity).
- Non-payment of any Fees or charges owed to EliteCard.
- Notification of Suspension/Termination: If your Account is suspended or terminated, EliteCard will generally notify you via email to the address associated with your Account or through an in-app notice. For minor infractions, EliteCard may, at its discretion, provide a cure period as outlined in Section 7 (User Conduct and Prohibited Activities) before permanent termination.

5. Customer Terms

This section applies specifically to Users who act as Customers on the Marketplace by browsing, inquiring about, or Booking Water Experiences.

5.1. Eligibility and Booking Process:

Eligibility: To make a Booking, you must have a valid Account and be authorized to make the payment for the Water Experience. Some Water Experiences may have additional eligibility requirements (e.g., age, physical fitness, specific certifications), which will be specified in the relevant Listing. It is your sole responsibility to ensure you meet all such requirements before Booking. All Bookings are at your own risk and subject to Section 9 (Disclaimers), which disclaims warranties and limits liability.
Booking Process:
- Customers can browse Listings and inquire about Water Experiences directly with Vendors through the Marketplace’s communication features.
- To make a Booking, you will select your desired Water Experience, date, time, and any required participant details as prompted on the Marketplace.
- All Bookings are subject to the Vendor’s availability, acceptance, and any specific terms outlined in their Listing.
- Upon completing the Booking process on the Marketplace, you will be directed to our third-party payment processor to complete the payment for the Water Experience.
Booking Confirmation: A Booking is not confirmed until you receive a confirmation notice from EliteCard via email, which will typically include details of your Booking and the Vendor’s contact information.
Accuracy of Booking Information: You are solely responsible for ensuring that all information provided during the Booking process, including participant details, dates, and times, is accurate and complete. EliteCard is not responsible for issues arising from inaccurate information provided by you.

5.2. Payments, Cancellations, and Refunds:

Payment:
- All payments for Water Experiences are processed securely through EliteCard’s designated third-party payment processors. EliteCard acts as a limited payment collection agent for the Vendor.
- You agree to pay the total price displayed for the Water Experience, including any applicable taxes, Service Fees, or charges.
- Payment is typically required in full at the time of Booking, unless otherwise specified in the Listing.
Cancellations, Refunds, and Rescheduling:
- Cancellations, refunds, and rescheduling of Bookings are governed by the specific policy set by the individual Vendor for each Listing, which will be clearly displayed on the Listing page.
- You agree to review and understand the Vendor’s cancellation and refund policy before making a Booking.
- EliteCard will process refunds, if applicable, according to the Vendor’s policy and our internal payment processing timelines, typically within ten (10) business days of the refund being approved by the Vendor or EliteCard.
Dispute of EliteCard Fees: To dispute any Fees or charges imposed by EliteCard (as opposed to Vendor charges), you must contact EliteCard customer support within thirty (30) days of the transaction date.

5.3. Customer Conduct and Responsibilities:

Communication with Vendors: The Marketplace provides tools for Customers to communicate with Vendors regarding Bookings and inquiries. You agree to use these communication tools respectfully and appropriately.
Customer Conduct During Experience: You are solely responsible for your conduct, and the conduct of any guests or participants you bring, during a Water Experience. You agree to comply with all safety instructions, rules, and guidelines provided by the Vendor, and to conduct yourself in a safe and responsible manner. You acknowledge that some Vendors may require you to sign additional waivers or risk-release forms prior to participating in a Water Experience, and your participation may be contingent upon signing such documents. Furthermore, you agree to comply with all local laws, regulations, and ordinances applicable at the location of the Water Experience.
Insurance Advisory: We strongly recommend that you obtain appropriate insurance coverage, such as travel insurance, personal injury insurance, or activity-specific insurance, for your Bookings and participation in Water Experiences, to cover risks such as trip cancellation, personal injury, or damage to personal property.

5.4. Dispute Resolution and Reviews:

Dispute Resolution Before Chargebacks: In the event of a problem or Dispute with a Water Experience or a Vendor, you agree to first attempt to resolve the issue directly with the Vendor using the Marketplace’s communication channels, and then, if necessary, seek resolution through EliteCard’s customer support. You agree not to initiate a credit card chargeback or reverse a payment related to a Booking until you have first exhausted these internal dispute resolution channels provided by the Marketplace.
Reviews and Ratings: Following a Water Experience, Customers may be invited to submit reviews and ratings. Any User Content submitted as a review or rating is subject to Section 7 (User Conduct and Prohibited Activities) and Section 8 (Intellectual Property Rights) of these Terms. EliteCard reserves the right to remove or modify reviews that violate these Terms or are deemed inappropriate at our sole discretion.
Consumer Rights: Nothing in these Terms limits your non-waivable rights under applicable consumer protection laws.

6. Vendor Terms

This section applies specifically to Users who act as Vendors on the Marketplace by creating Listings and offering Water Experiences to Customers.

6.1. Vendor Eligibility and Account:

Vendor Eligibility and Account: To register as a Vendor and create Listings, you must be a legally established business or an individual authorized to conduct business activities related to the Water Experiences you offer. You represent and warrant that you possess all necessary licenses, permits, certifications, and authorizations required by law to operate your business and provide the Water Experiences in all relevant jurisdictions.
You are solely responsible for ensuring compliance with all applicable local, provincial, national, and international laws, including any travel, boating, or accommodation licensing requirements.
EliteCard reserves the right to verify your identity and credentials at any time, including performing necessary KYC/AML checks. Your ability to offer Listings may be conditional upon successful verification. You agree to comply with all applicable anti-money laundering (AML), counter-terrorism financing (CTF), and “know your customer” (KYC) regulations.
Vendor Insurance: You are required to maintain valid and adequate liability insurance coverage for all Water Experiences you offer through the Marketplace, consistent with industry standards and all applicable laws. Upon request, you must provide EliteCard with proof of such insurance, including certificates of insurance, and ensure that EliteCard is named as an additional insured if required by our policies or by law.

6.2. Listing Management and Content:

Listing Creation and Management: As a Vendor, you can create Listings for Water Experiences you offer through your Account on the Marketplace. You are solely responsible for the accuracy, completeness, and truthfulness of your Listings, including descriptions, pricing, availability, photos, safety information, eligibility requirements, and cancellation policies. You agree to keep your Listing information updated at all times, reflecting current availability, pricing, and any changes to the Water Experience details. All Listings must comply with EliteCard’s content guidelines (to be developed separately and linked) and applicable laws and regulations. EliteCard reserves the right to review, approve, modify, or remove any Listing at its sole discretion if it violates these Terms or is deemed inappropriate or inaccurate.
Intellectual Property Compliance for Listings: You acknowledge that all Listing Content is subject to Section 8 (Intellectual Property Rights). You represent and warrant that your User Content and Listings do not infringe upon any third-party intellectual property rights. Infringing content may be removed under EliteCard’s DMCA policy.

6.3. Pricing, Payments, and Payouts:

Pricing: You set the pricing for your Water Experiences in your Listings. You agree that the price listed on WeBoating.com will be competitive and will not exceed the price offered for the same experience elsewhere.
Payments and Payouts: EliteCard will collect payments from Customers on your behalf as a limited payment collection agent. EliteCard will deduct a pre-agreed commission (the “Service Fee“) from the total Booking amount. The specific Service Fee percentage will be outlined in your separate Vendor Agreement or your Vendor dashboard. Payouts of your earnings (total Booking amount minus EliteCard’s Service Fee and any applicable processing fees or deductions) will be transferred to your designated payment method according to the payout schedule displayed in your Vendor dashboard, typically within [e.g., 3-5] business days after the successful completion of the Water Experience.
Payout Disputes: If you believe there is an error in your payout, you must notify EliteCard in writing within thirty (30) days of the payout date. Failure to do so will constitute your waiver of any claim relating to the disputed payout.
Temporary Payot Delay for Disputes: You agree that EliteCard may, in its sole discretion, temporarily delay the release of a portion of your payout for a defined dispute-resolution period window (e.g., up to seven (7) days) following the completion of a Water Experience. This delay is intended to cover potential refund requests, chargebacks, or claims related to the Booking. During this period, the withheld amount will remain pending and will not be disbursed until the dispute window expires or any related issues are resolved.
Tax Compliance: You are solely responsible for all taxes, duties, and other governmental charges associated with the Water Experiences you offer and the income you receive through the Marketplace. You further certify that you comply with all tax withholding and remittance obligations in all jurisdictions where you operate your business and provide Water Experiences.

6.4. Service Delivery and Customer Experience:

Service Delivery: You are solely responsible for the safe and satisfactory delivery of all Water Experiences as described in your Listings. You agree to honor all confirmed Bookings and provide the Water Experience in a professional, safe, and timely manner.
Staff and Equipment Safety: You warrant that all personnel involved in operating Water Experiences are properly trained, qualified, and, where applicable, licensed or certified. You further warrant that all equipment used for Water Experiences meets or exceeds applicable safety standards, is regularly inspected, and is properly maintained.
Customer Communication and Response Times: You must maintain direct communication with Customers regarding their Bookings, using the communication tools provided by the Marketplace, or direct contact details provided upon Booking. You agree to respond to Customer inquiries and Dispute notices promptly, typically within forty-eight (48) hours.
Legal and Safety Compliance: You must comply with all applicable laws, regulations, and industry standards related to the provision of your Water Experiences, including but not limited to safety regulations, environmental protection laws, and consumer protection laws.
Force Majeure for Vendors: In the event of a Force Majeure event (as defined in Section 2) that directly affects your ability to provide a Water Experience, you must promptly notify EliteCard and the affected Customers in writing via email within [e.g., 24] hours of the event’s occurrence. Your obligations under these Terms (excluding payment obligations) will be suspended for the duration of such Force Majeure event, and cancellations related to Force Majeure will be handled according to the Vendor’s cancellation policy or a separate Force Majeure policy if provided by EliteCard.

6.5. Cancellations, Reviews, and Disputes:

Cancellations and Rescheduling by Vendors: As a Vendor, you commit to honoring confirmed Bookings. Vendor-initiated cancellations should be avoided except in unavoidable circumstances (e.g., severe weather, equipment malfunction). Your specific cancellation and rescheduling policy for Customers must be clearly stated in each Listing and will govern refunds to Customers. EliteCard reserves the right to apply penalties, including suspension or termination of your Listing or Account, for excessive or unjustified Vendor-initiated cancellations.
Customer Reviews and Ratings: Customers will have the opportunity to provide reviews and ratings of your Water Experiences. These reviews are important for other Customers and for building your reputation on the Marketplace. You acknowledge that EliteCard has no obligation to remove negative reviews unless they violate our content guidelines (e.g., are abusive or fraudulent). You may have the ability to respond publicly to reviews through your Vendor dashboard.
Dispute Resolution (Customer-Vendor): In the event of a Dispute between you and a Customer, EliteCard encourages direct communication to resolve the issue. EliteCard may, at its sole discretion, offer mediation assistance or facilitate communication to help resolve Disputes, but is not obligated to do so and will not act as an arbiter or judge in such Disputes. Any resolution reached between a Customer and a Vendor is binding on those parties, but EliteCard is not a party to such resolution.

6.6. Vendor Warranties, Representations, and Recordkeeping:

Vendor Warranties and Representations: You represent and warrant that: (a) You have the full power and authority to enter into these Terms and to perform your obligations hereunder; (b) Your Listings and Water Experiences will not violate any applicable laws or regulations, or infringe upon the rights of any third party (including intellectual property rights); (c) You will provide Water Experiences safely and in accordance with all industry standards; and (d) You will maintain all necessary licenses, permits, and insurance throughout the duration of your Listings on the Marketplace.
Recordkeeping and Audit Rights: You agree to maintain accurate and complete business records related to your Water Experiences offered through the Marketplace, including customer waivers, safety logs, and insurance certificates, for a period of at least three (3) years from the date of the Water Experience. You grant EliteCard the right, upon reasonable written notice, to inspect and audit your compliance with these Terms, including reviewing relevant records and operational procedures.
Vendor Indemnification: In addition to the general indemnification in Section 11, you specifically agree to indemnify, defend, and hold harmless EliteCard from and against any and all claims, demands, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your acts or omissions in providing any Water Experience; (b) any injury, death, or property damage sustained by a Customer or third party in connection with a Water Experience you provide; or (c) any violation of law, regulation, or third-party rights by you in connection with your Water Experiences.

7. User Conduct and Prohibited Activities

Your access to and use of the Marketplace and Services are conditioned upon your compliance with these Terms and all applicable laws and regulations. You agree to use the Services solely for their intended purpose and in a manner that does not harm EliteCard, other Users, Vendors, or third parties.

7.1. General Prohibitions:

You agree not to engage in any of the following prohibited activities:

Unlawful or Harmful Activities:
- Violating any applicable local, provincial, national, or international law or regulation.
- Engaging in any fraudulent, deceptive, or misleading practices.
- Using the Services for any purpose that is unlawful or prohibited by these Terms.
- Engaging in or promoting illegal activities, including but not limited to, human trafficking, the exploitation of children, or the creation, dissemination, or viewing of child sexual abuse material (CSAM). EliteCard has a zero-tolerance policy for such activities and will report any suspected violations to the appropriate law enforcement authorities.
Interference with the Marketplace:
- Using any automated system (e.g., robots, spiders, scrapers) to access the Marketplace for any purpose without our express written permission.
- Interfering with or disrupting the integrity or performance of the Marketplace or the data contained therein.
- Attempting to gain unauthorized access to the Marketplace or its related systems or networks.
- Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Impersonation and Misrepresentation:
- Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
- Providing false, inaccurate, or misleading information in your Account or Listing (as a Vendor).
Abuse of Communication Channels:
- Sending unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation.
- Collecting or harvesting any personally identifiable information from the Marketplace from other Users without their express consent, or in violation of our Privacy Policy.
- Harassing, abusing, or harming another person or entity, including EliteCard employees or agents, or other Users.
Content and Intellectual Property Violations:
- Posting, uploading, publishing, submitting, or transmitting any Content that: (i) is defamatory, obscene, pornographic, vulgar, offensive, or otherwise inappropriate; (ii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (iv) promotes illegal or harmful activities or substances.
- Infringing upon the intellectual property rights of EliteCard or third parties (see Section 8 – Intellectual Property Rights).
- Manipulating or attempting to manipulate the reviews, ratings, or feedback system on the Marketplace, including posting “fake” or “incentivized” reviews.
Security Breaches:
- Attempting to probe, scan, or test the vulnerability of any EliteCard system or network or breach any security or authentication measures.
- Circumventing any technological measure implemented by EliteCard or any of EliteCard’s providers or any other third party to protect the Services.
Data Privacy:
- Sharing or distributing other individuals’ Personal Data without their explicit consent and in full compliance with applicable data protection laws and our Privacy Policy.

7.2. Consequences of Violation:

Enforcement Actions: EliteCard reserves the right, but is not obligated, to investigate and take appropriate legal action against anyone who, in EliteCard’s sole discretion, violates this Section 7, including without limitation, removing the offending User Content (as defined in Section 2), suspending or terminating the Account (as defined in Section 2) of such violators, and reporting them to law enforcement authorities.
Cure Period for Minor Breaches: For minor breaches of these Terms, EliteCard may, at its sole discretion, provide you with written notice and an opportunity to cure the breach within ten (10) calendar days of such notice. Failure to cure within the specified timeframe may result in immediate suspension or termination of your Account and access to the Services.
Immediate Suspension/Termination: EliteCard may immediately suspend or terminate your Account and access to the Services without prior notice for severe violations, including but not limited to fraudulent activity, illegal conduct, or actions that pose an immediate harm to EliteCard, other Users, or third parties.
Appeal Process: If your Account is suspended or terminated, you may submit a written appeal by contacting EliteCard customer support within fourteen (14) days of the notification of suspension or termination, providing reasons and supporting evidence for reconsideration. EliteCard’s decision on any appeal will be final and binding.

7.3. General Disclaimers Regarding User Advice:

You acknowledge that any safety, medical, legal, or other professional advice or guidance provided by other Users (whether Customers or Vendors) through the Marketplace is provided by them solely in their individual capacity. EliteCard does not endorse, verify, or assume any responsibility for the accuracy, completeness, or reliability of such advice. You should always consult with qualified professionals for specific advice tailored to your circumstances.

8. Intellectual Property Rights

8.1. Our Content and Trademarks:

All Content (as defined in Section 2) on the Marketplace that is not User Content, including but not limited to text, graphics, logos, icons, images, audio clips, videos, digital downloads, data compilations, software, and the trademarks, service marks, and trade dress of ELITE CARD INC. (e.g., “EliteCard,” “WeBoating.com”), are the exclusive property of EliteCard or its content suppliers and are protected by Canadian and international copyright, trademark, and other intellectual property laws. You may not use any of EliteCard’s intellectual property, including its trademarks, trade names, or logos, without our express prior written permission.

8.2. User Content:

You retain all ownership rights to your User Content (as defined in Section 2). By making any User Content available on or through the Marketplace, you grant EliteCard a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable license to use, copy, modify, adapt, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, and otherwise exploit your User Content for the purposes of operating and promoting the Marketplace and Services. This license includes, but is not limited to, the right to feature User Content in marketing materials, on social media, and in advertising campaigns. This license survives the termination of your Account or these Terms.

8.3. Moral Rights Waiver:

To the fullest extent permitted by applicable law, you waive any moral rights (or similar rights) you may have in your User Content in favour of EliteCard.

You represent and warrant that: (i) you are either the sole and exclusive owner of all User Content that you make available on or through the Marketplace or you have all rights, licenses, consents, and releases that are necessary to grant EliteCard the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or EliteCard’s use of the User Content (or any portion thereof) will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

8.4. User Indemnification for IP Infringement:

You agree to indemnify, defend, and hold harmless EliteCard from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Content or your violation of any intellectual property rights of a third party.

8.5. Copyright Infringement (DMCA Policy):

EliteCard respects the intellectual property rights of others. If you believe that any Content on the Marketplace infringes upon your copyright, please notify us immediately with the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content.
Your contact information, including your address, telephone number, and an email address.
A statement by you that you have a good faith belief that use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please send copyright infringement notifications to: Email: [email protected] Mail: EliteCard Inc., Legal Dept., [Insert EliteCard’s Full Physical Address Here]

8.6. Counter-Notice Procedure:

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content, you may send a counter-notice containing the following information to our Copyright Agent:

Your physical or electronic signature.
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled.
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content.
Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in Vancouver, British Columbia, Canada, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our Copyright Agent, EliteCard may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member, or User, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at EliteCard’s sole discretion.

8.7. Third-Party Content Disclaimer:

EliteCard is a distributor (not a publisher) of Content supplied by third parties, including Vendors and other Users. Accordingly, EliteCard has no more editorial control over such Content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including Vendors, Customers, or other Users, are those of the respective authors or distributors and not of EliteCard. EliteCard does not guarantee the accuracy, completeness, or usefulness of any third-party Content, nor its merchantability or fitness for any particular purpose.

9. Disclaimers

9.1. General Disclaimer and No Warranties:

THE SERVICES ARE PROVIDED on an “AS IS” AND “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. ELITECARD, its subsidiaries, affiliates, and its licensors do not warrant that:

(a) The Marketplace or Services will function uninterrupted, securely, or be available at any particular time or location.
(b) Any errors or defects will be corrected.
(c) The Marketplace or Services are free of viruses or other harmful components.
(d) The results of using the Marketplace or Services will meet your requirements. Your use of the Marketplace and Services is solely at your own risk.

9.2. Jurisdictional Limitations:

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this “Disclaimers” section may not apply to you. In such jurisdictions, EliteCard’s liability will be limited to the fullest extent permitted by law.

9.3. No Endorsement of Vendors or Water Experiences:

EliteCard does not endorse any Vendor or Water Experience listed on the Marketplace. While we facilitate connections, we do not inspect, supervise, or guarantee the quality, safety, legality, or suitability of any Water Experience, nor the conduct of any Vendor or Customer. Any references to a Vendor or Water Experience being “verified” (or similar language) simply means that the Vendor has completed a relevant verification process and nothing else. Such a description is not an endorsement, certification, or guarantee by EliteCard of any Vendor, including of the Vendor’s reliability, trustworthiness, safety, or suitability. You should always exercise due diligence and care when deciding whether to book a Water Experience or interact with any other User.

9.4. Third-Party Links and Content Disclaimer:

The Marketplace may contain links to third-party websites or resources. You acknowledge and agree that EliteCard is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content (as defined in Section 2), products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by EliteCard of such websites or resources or the Content, products, or services available from such websites or those resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

9.5. No Professional Advice:

Any information, guidance, or Content provided on the Marketplace (excluding direct communications with Vendors regarding their Water Experiences) is for informational purposes only and does not constitute professional advice, including but not limited to legal, financial, safety, medical, or recreational advice. You should consult with qualified professionals for specific advice tailored to your situation.

9.6. Accuracy of Information:

While EliteCard strives to provide accurate and up-to-date information on the Marketplace, we do not warrant the completeness, accuracy, or reliability of any Content, including Listing information, pricing, reviews, or other data provided by Users or third parties. All information is subject to change without notice.

10. Limitation of Liability

10.1. General Limitation:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITECARD AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, that result from the use of, or inability to use, the Services (as defined in Section 2).

10.2. Exclusions of Responsibility:

UNDER NO CIRCUMSTANCES WILL ELITECARD BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES (as defined in Section 2) OR YOUR ACCOUNT (as defined in Section 2) OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELITECARD ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

(a) Errors, mistakes, or inaccuracies of Content (as defined in Section 2).
(b) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Services.
(c) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
(d) Any interruption or cessation of transmission to or from the Services.
(e) Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our Services by any third party.
(f) Any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services.
(g) The defamatory, offensive, or illegal conduct of any third party.

10.3. Cap on Liability:

IN NO EVENT SHALL ELITECARD’S CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES (as defined in Section 2) OR THESE TERMS (as defined in Section 2) EXCEED THE AMOUNT OF FEES (as defined in Section 2) PAID BY YOU TO ELITECARD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR CAD $100.00, WHICHEVER IS GREATER.

10.4. Exceptions to Limitation of Liability:

The limitations of liability set forth above shall not apply to liability for death or personal injury caused by EliteCard’s negligence, or for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under applicable law. Furthermore, the limitations above do not exclude or limit EliteCard’s liability for gross negligence or willful misconduct where such exclusion or limitation is prohibited by law.

10.5. Notice of Claims:

You agree that any claim or Dispute (as defined in Section 2) you may have against EliteCard must arise within one (1) year after the occurrence of the event giving rise to such claim or Dispute, or be forever barred. You must provide EliteCard with prompt written notice of any claim or Dispute you intend to assert.

10.6. Survival of Statutory Rights:

Nothing in these Terms is intended to limit any non-waivable statutory rights, including consumer protection rights, that apply to you.

11. Indemnification

11.1. User Indemnification Obligation:

You agree to defend, indemnify, and hold harmless EliteCard and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from:

(a) Your use of and access to the Services (as defined in Section 2), including any data or Content (as defined in Section 2) transmitted or received by you.
(b) Your breach of any term of these Terms (as defined in Section 2).
(c) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights (as defined in Section 8).
(d) Your violation of any applicable law, rule, or regulation.
(e) Any User Content (as defined in Section 2) or any other Content that is submitted via your Account (as defined in Section 2), including third-party access to or use of your Account with your unique username, password, or other security measure.
(f) Your willful misconduct.
(g) Any regulatory fines or penalties imposed on EliteCard as a direct result of your non-compliance with applicable laws and regulations while using the Services or providing Water Experiences (as defined in Section 2).

11.2. Indemnification Procedure:

The indemnification obligations in these Terms apply only to claims brought by third parties. If a third-party claim is brought against EliteCard that is subject to indemnification by you, EliteCard will promptly notify you in writing of the claim. You, at your expense, will assume the sole control of the defense of such claim, including legal representation, strategy, and settlement negotiations; provided that:

(a) EliteCard may, at its own expense, participate in the defense of any such claim.
(b) You will not enter into any settlement agreement that imposes any obligation on EliteCard or admits any liability on the part of EliteCard without EliteCard’s prior written consent. You agree to cooperate fully with EliteCard in the defense of any such claim.

12. Termination

12.1. Termination by You:

You may terminate your Account (as defined in Section 2) at any time by following the instructions on the Marketplace (as defined in Section 2) or by contacting EliteCard customer support. User-initiated termination will typically take effect within five (5) business days of our receipt of your request.

12.2. Termination by EliteCard:

EliteCard may, in its sole discretion and without prior notice or liability, suspend, restrict, or terminate your Account and/or access to the Services (as defined in Section 2) for any reason, including but not limited to:

(a) Breach of these Terms (as defined in Section 2) or any other policies referenced herein.
(b) Violation of any applicable law or regulation.
(c) If, in EliteCard’s reasonable judgment, your actions may harm EliteCard, other Users (as defined in Section 2), or third parties.
(d) Suspected fraudulent, abusive, or illegal activity.
(e) Non-payment of any Fees (as defined in Section 2) or charges owed to EliteCard.
(f) Extended periods of inactivity (e.g., 12 consecutive months without login activity).

12.3. Effect of Termination:

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12.4. Data Retention:

Upon termination, EliteCard will retain your Personal Data (as defined in Section 2) in accordance with our Privacy Policy and applicable data retention laws. If you have provided EliteCard with any confidential information belonging to you (other than Personal Data), you may request its return or destruction, provided such request does not conflict with legal or regulatory obligations.

12.5. Handling of Prepaid Services:

In the event of termination, any prepaid but unused Water Experiences (as defined in Section 2) will be handled according to the Vendor’s (as defined in Section 2) cancellation policy, or EliteCard’s applicable refund policy if the termination is due to EliteCard’s material breach. No refunds or credits will be issued for unused portions of Services if termination is due to your breach of these Terms.e issued for unused portions of Services if termination is due to your breach of these Terms.

13. Governing Law and Dispute Resolution

13.1. Governing Law:

These Terms (as defined in Section 2) shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

13.2. Mandatory Arbitration:

Any Dispute (as defined in Section 2), controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof (a “Dispute”), shall be settled by confidential binding arbitration administered by a single arbitrator in Vancouver, British Columbia, in accordance with the commercial arbitration rules of the British Columbia International Commercial Arbitration Centre (BCICAC) then in effect. The arbitration shall be conducted in the English language. The decision of the arbitrator shall be final and binding upon the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

13.3. Initiating Arbitration:

A party wishing to initiate arbitration must send a written notice of Dispute to the other party via certified mail or recognized overnight courier service to the contact addresses provided in Section 16: Contact Information of these Terms. The notice of Dispute must include:

The name, address, and contact information of the party giving the notice.
A description of the nature and basis of the claim or Dispute.
The specific relief sought.

13.4. Arbitration Costs and Location:

Unless otherwise required by applicable law or the BCICAC rules, the costs of arbitration, including the arbitrator’s fees, will be borne equally by both parties, provided that each party will be responsible for its own attorneys’ fees and costs. The legal seat of arbitration shall be Vancouver, British Columbia, Canada, but the parties may agree to conduct hearings remotely or at a mutually agreed-upon physical location.

13.5. Class Action Waiver:

You and EliteCard agree that any arbitration will be conducted on an individual basis only and not as a class, consolidated, or representative action. You and EliteCard each waive any right to a trial by jury or to participate in a class action or other representative action.

13.6. Exceptions to Arbitration:

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction in British Columbia, Canada, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights (as defined in Section 8). This includes seeking emergency injunctive relief from a court before or during arbitration. Either party may also assert claims in small claims court in Vancouver, British Columbia, if the claims qualify.

14. Changes to the Terms & Conditions

14.1. Right to Modify Terms:

EliteCard reserves the right, at its sole discretion, to modify or replace these Terms (as defined in Section 2) at any time.

14.2. Archived Versions:

For your reference, previous versions of these Terms will be archived and accessible at [Archived versions will be posted at weboating.com/legal/terms-archive].

14.3. Notice of Material Changes:

If a revision is material, we will provide at least 30 days’ notice prior to any new Terms taking effect. What constitutes a “material change” will be determined at our sole discretion, but typically includes significant changes to pricing, Service Fees (as defined in Section 2), user responsibilities, or the scope of Services (as defined in Section 2) provided. Examples of non-material changes may include grammatical corrections, formatting updates, or section renumbering. We will provide notice of material changes by sending an email to the address associated with your Account (as defined in Section 2) and/or by prominently displaying a notice or banner on the Marketplace (as defined in Section 2).

14.4. Acceptance of Revised Terms:

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you must stop using the Marketplace and the Services.

15. Miscellaneous Provisions

15.1. Relationship of the Parties:

You and EliteCard are independent contractors. Nothing in these Terms (as defined in Section 2) shall be construed as creating an agency, partnership, joint venture, or employment relationship between you and EliteCard. Neither party has any authority to bind the other in any respect.

15.2. Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

15.3. Entire Agreement:

These Terms, together with the Privacy Policy, Cookie Policy, and any other policies or agreements expressly incorporated by reference, constitute the entire agreement between you and EliteCard concerning your use of the Services (as defined in Section 2) and supersede all prior or contemporaneous communications, understandings, and agreements (whether oral or written) relating to the subject matter hereof.

15.4. Assignment:

You may not assign or transfer these Terms, by operation of law or otherwise, without EliteCard’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. EliteCard may assign or transfer these Terms, at its sole discretion, without restriction.

15.5. Force Majeure:

EliteCard will not be liable for any delay or failure to perform its obligations hereunder (except for payment obligations) due to a Force Majeure event (as defined in Section 2).

15.6. No Waiver:

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. EliteCard’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15.7. No Third-Party Beneficiaries:

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

15.8. Export Control:

You agree to comply with all applicable export control laws and regulations, including those of Canada, to ensure that the Services (as defined in Section 2) are not exported or re-exported, directly or indirectly, in violation of such laws.

15.9. Headings:

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

16. Contact Information

16.1. General Inquiries:

If you have any questions about these Terms (as defined in Section 2), please contact us using the details below:

ELITE CARD INC.
1324 West Pender Street, Suite 1706
Vancouver, BC V6E 4T1, Canada

General Support Email: [email protected]
Support Phone Number: +1-604-555-1234
Business Hours: Monday – Friday, 9 AM – 5 PM PST (excluding Canadian public holidays)
Expected Response Time: Within 24-48 business hours for email inquiries.

16.2. Designated Agent for Copyright Infringement (DMCA):

For copyright infringement notifications under our DMCA Policy (refer to Section 8.5), please contact our Designated Agent:

Attention: Copyright Agent
Email: [email protected]
Address:
ELITE CARD INC.
1324 West Pender Street, Suite 1706
Vancouver, BC V6E 4T1, Canada

We may update this document from time to time to reflect changes in our practices, legal requirements, or operational needs. If we make material changes, we will provide notice through the Website or by direct communication before the changes take effect. The date at the top of this document indicates when it was last revised.