Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and BIG TOYS CLUB Pty Ltd (ABN to be registered) ("BIG TOYS CLUB", "we", "us", or "our") governing your access to and use of the BIG TOYS CLUB website, mobile applications, and services (collectively, the "Platform").

By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

These Terms should be read in conjunction with our Privacy Policy. If you are a yacht owner, operator, or host, you must also agree to our Host Terms.

2. Our Platform

2.1 Marketplace Model

BIG TOYS CLUB operates as an online marketplace that connects guests seeking yacht charter experiences ("Guests") with yacht owners, operators, and hosts ("Hosts") who offer yacht charter services ("Charters").

IMPORTANT: BIG TOYS CLUB is a venue and is not a party to any charter agreement or transaction between Guests and Hosts. We do not own, operate, or manage any yachts listed on our Platform. All charter services are provided directly by Hosts.

2.2 Services We Provide

• A searchable marketplace of yacht charter listings
• Booking and reservation management tools
• Secure payment processing
• Communication tools between Guests and Hosts
• Identity verification services
• Review and rating systems
• AI-powered search and recommendations

2.3 Geographic Scope

Our Platform currently operates in Australia. By using the Platform, you confirm that you are located in Australia or are booking a charter in Australian waters.

3. Account Terms

3.1 Account Registration

To use certain features of the Platform, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorised use

3.2 Eligibility

You must be at least 18 years old to create an account and use our Platform. By creating an account, you represent and warrant that you:

• Are at least 18 years of age
• Have the legal capacity to enter into these Terms
• Are not prohibited from using the Platform under applicable laws

3.3 Account Termination

We may suspend or terminate your account at our discretion if you violate these Terms, engage in fraudulent activity, or pose a risk to other users or our Platform.

4. Bookings and Payments

4.1 Making a Booking

When you make a booking through our Platform:

• You enter into a direct agreement with the Host for the charter services
• You agree to the Host's specific terms, cancellation policy, and house rules
• You agree to pay the total charter price plus applicable fees and taxes
• Your booking is confirmed only after payment is successfully processed and the Host accepts the booking

4.2 Pricing

Charter prices are set by Hosts and displayed in Australian Dollars (AUD). The total price includes:

• Charter Fee: The base price set by the Host
• Service Fee: A platform fee charged by BIG TOYS CLUB (displayed before booking confirmation)
• Crew Costs: If applicable, charges for professional crew services
• Catering: If applicable, charges for food and beverage packages
• GST: Goods and Services Tax where applicable

All fees are disclosed transparently before you confirm your booking. Prices may vary based on duration, season, and yacht type.

4.3 Payment Processing

Payments are processed securely through Stripe. We act as a payment collection agent on behalf of Hosts. By making a payment, you authorise us to:

• Charge your payment method for the total booking amount
• Hold funds until the charter is completed
• Disburse funds to the Host according to our payment schedule
• Process refunds in accordance with the applicable cancellation policy

4.4 Cancellations and Refunds

Each Host sets their own cancellation policy, which is displayed on their listing and during the booking process. Common policies include:

• Flexible: Full refund if cancelled 24+ hours before the charter
• Moderate: Full refund if cancelled 7+ days before; 50% refund within 7 days
• Strict: 50% refund if cancelled 14+ days before; no refund within 14 days

Weather Cancellations: If a charter is cancelled by the Host or Captain due to unsafe weather conditions, you will receive a full refund or the option to reschedule.

Host Cancellations: If a Host cancels your booking, you will receive a full refund. Repeated cancellations by Hosts may result in account suspension.

5. User Responsibilities

5.1 Guest Responsibilities

As a Guest, you agree to:

• Provide accurate guest information and documentation
• Comply with the Host's house rules and safety instructions
• Follow the Captain's directions at all times
• Treat the yacht, crew, and other guests with respect
• Not exceed the maximum passenger capacity
• Not bring prohibited items (illegal substances, weapons, etc.)
• Report any damage or incidents promptly
• Leave the yacht in a reasonable condition

5.2 Prohibited Conduct

You must not:

• Use the Platform for any illegal purpose
• Provide false or misleading information
• Circumvent the Platform to avoid paying fees
• Harass, threaten, or discriminate against other users
• Interfere with the Platform's operation or security
• Scrape, copy, or reproduce Platform content without permission
• Create multiple accounts or use another person's account
• Post false reviews or manipulate the rating system

5.3 Assumption of Risk

Boating and water activities involve inherent risks. By participating in a charter, you acknowledge and accept these risks. You are responsible for ensuring that you and your guests can safely participate in the booked activities.

6. Referral Program

6.1 Crew Referral Bonus

BIG TOYS CLUB operates a referral program for professional yacht crew members joining our waitlist. Eligible crew members can earn referral bonuses by inviting other qualified maritime professionals to join the platform. For complete referral program terms, including eligibility, payment details, and tax obligations, please see our Referral Program Terms & Conditions.

6.2 Referral Terms

• Bonus Amount: Referrers earn $25 (AUD) for each verified referral after the referred crew member completes their first charter through the platform.
• Eligibility: Both the referrer and referred person must be registered crew members in good standing with verified credentials.
• Verification Required: The referred crew member must complete identity verification and credential verification before the referral is considered valid.
• Charter Completion: The bonus is only payable after the referred crew member successfully completes their first charter booking and receives payment.
• Payment Processing: Referral bonuses are paid via the same payment method used for charter earnings within 30 business days of the referred crew member's first charter completion and payment clearance.
• Maximum Earnings: Referral bonuses are capped at $100 (AUD) per referrer per calendar month, representing a maximum of 4 qualified referrals.
• Tax Obligations: Referral bonuses are considered taxable income under Australian tax law. BIG TOYS CLUB will report payments exceeding $600 (AUD) per financial year to the Australian Taxation Office. You are responsible for reporting this income on your tax return and paying any applicable taxes. We recommend consulting a tax professional regarding your obligations.

6.3 Program Modifications

We reserve the right to modify, suspend, or terminate the referral program at any time with 30 days' notice. Existing qualified referrals made before any program changes will be honoured according to the terms in effect at the time of referral.

6.4 Referral Consent and Privacy

By sharing your referral code, you confirm that you have permission to provide the referee's contact information to BIG TOYS CLUB and that the referee wishes to receive information about our platform and services. Referrals will receive an email invitation to join the platform. Only share your referral code with crew members who have consented to receiving such communications.

6.5 Prohibited Activities

The following activities are strictly prohibited and may result in disqualification and account termination:

• Creating fake accounts or referring non-existent persons
• Self-referrals or referring household members
• Spamming or unsolicited mass communications
• Misrepresenting the platform, services, or referral benefits
• Manipulating the referral system through fraudulent means

7. Intellectual Property

7.1 Our Content

The Platform and its original content (excluding user-generated content), features, and functionality are owned by BIG TOYS CLUB and are protected by copyright, trademark, and other intellectual property laws.

7.2 User Content

You retain ownership of content you submit (reviews, photos, etc.). By posting content, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and display that content on our Platform and marketing materials.

7.3 Trademarks

"BIG TOYS CLUB", our logo, and related marks are trademarks of BIG TOYS CLUB Pty Ltd. You may not use these marks without our prior written permission.

8. Disclaimers and Limitation of Liability

8.1 Platform Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 No Endorsement

We do not endorse, verify, or guarantee any Host, yacht, or charter experience. Listings, reviews, and ratings are provided by users and we are not responsible for their accuracy.

8.3 Limitation of Liability

To the maximum extent permitted by law, BIG TOYS CLUB, its directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, special, or consequential damages
• Loss of profits, data, or goodwill
• Any damages arising from your use of the Platform or charter services
• Any disputes between Guests and Hosts
• Any bodily injury, death, or property damage during a charter

Our total liability for any claim arising from your use of the Platform shall not exceed the greater of: (a) the service fees you paid to us in the 12 months before the claim, or (b) AUD $100.

8.4 Australian Consumer Law

9. Indemnification

You agree to indemnify, defend, and hold harmless BIG TOYS CLUB and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your breach of these Terms
• Your violation of any rights of another person or entity
• Your interactions with Hosts or other users
• Any content you submit to the Platform

10. Dispute Resolution

10.1 Disputes Between Users

If you have a dispute with a Host or another user, we encourage you to resolve it directly. If you cannot reach a resolution, you may contact us, and we will attempt to facilitate a resolution. However, we are not obligated to resolve disputes between users.

10.2 Disputes with BIG TOYS CLUB

If you have a dispute with BIG TOYS CLUB, please contact us first at support@bigtoysclub.com. We will work with you in good faith to resolve the issue.

10.3 Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for any disputes arising from these Terms or your use of the Platform.

11. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our Platform
• Updating the "Last updated" date at the top of this page
• Sending you an email notification (for material changes)

Your continued use of the Platform after any changes constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BIG TOYS CLUB regarding your use of the Platform.

12.2 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, and the remaining provisions will remain in full force and effect.

12.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

12.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, pandemics, government actions, or Internet outages.

13. Contact Us

If you have questions about these Terms, please contact us: