Social Fishing TERMS and CONDITIONS
By accessing and using the Social Fishing website (SF) you agree to be bound by these terms and conditions, and any other terms and conditions, notices and disclaimers displayed elsewhere on SF relating to your use of the SF (SF terms).
We may change the SF terms at any time. If we do, an amended version of the SF terms will be posted on SF. You are responsible for ensuring that you regularly review the SF terms and your continued use of SF after any changes are made to the SF terms will be deemed to constitute your acceptance of those changes. If you object to any changes to the SF terms, or otherwise become dissatisfied with your membership of SF your only remedy is to immediately:
Discontinue your use of the SF; and/or
Terminate your membership in accordance with the SF terms.
Part of SF, the member only area/s, is only available to users who have purchased a membership (members). Membership is available at the prices displayed on SF. These prices are subject to change without notice.
When you purchase a membership, you will be provided with a password to access the member only areas of the website and will be entitled to access member only content. Member only content remains our exclusive property.
We may immediately terminate you membership:
- if you provide your member login and / or password to another person;
- if your member login is used by a person other than you;
- if you provide member only content to another person.
Your membership, and any benefit you are entitled to as a result of your membership including member only content, may not be transferred to another person.
In no event will you be entitled to any refund of payments for chargeable services or features. We will review requests for refunds at our sole discretion.
- Termination and suspension
You may terminate your membership of SF for any reason only by providing written notice to us. You can provide notice of termination by:
- Selecting ‘cancel account’ within your account settings and following the instructions; or
- Emailing us via the Contact Us page.
We reserve the right without limitation to do any or all of the following in relation to your membership:
- Suspend your membership;
- Permanently or temporarily hide all or part of your member profile;
- Modify your member profile;
- Terminate your membership for any reason by providing notice to you by email; and/or
- Terminate your membership immediately without notice to you if you have committed a breach of the SF terms.
- Secure access
You are responsible for maintaining the confidentiality and security of your login and password. You are wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorized use of your login or password.
We may at any time request a form of identification to verify your identity and/or your compliance with the SF terms.
All content on this site including but not limited to text, graphics, logos, icons images and software, is our property, unless it is identified as third party content. Any improper use including reproduction, modification, distribution, transmission, republication or display of the content on this website is strictly prohibited.
We own and retain all proprietary rights in and relating to the SF site. Proprietary rights in and relating to SF must not be used in any way without our prior written consent.
You warrant that any content that you post or transmit on SF, or otherwise transmit to any other member of SF by any other means, will not infringe the intellectual property rights of any third party.
You grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content for any purpose. You warrant that you have the right to grant us such rights.
We do not endorse any opinion, advice or statement made by any person other than us.
No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on SF or otherwise transmitted to any member of SF, other than their own content, without the express written permission of the relevant owner.
We do not make any representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on SF, or otherwise transmitted to any other member of SF by any other means, by any person.
We do not accept liability for any loss, damage, cost or expense resulting from reliance on content posted or transmitted on SF, or otherwise transmitted to any other member of SF by any other means.
- Prohibited activities
SF is for personal use of individual members only. Businesses, groups, organisations and companies are prohibited from registering as members. SF must not be used for commercial endeavours, including advertising, selling or hiring products or services, collecting names and/or email addresses or sending unsolicited emails. Unauthorised framing/linking to SF is prohibited.
We have no obligation to monitor any member’s use of SF, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request.
- Disclaimer about prices
All prices quoted on SF are subject to change without notice. Unless expressly stated otherwise, the pricing for use of any chargeable service or feature on SF will be stated GST exclusive.
Whilst every effort is made to ensure SF content and products are current, due to the nature of the industry, these may change.
Our website, www.socialfishing.com.au is provided without a warranty of any kind.
From time to time SF may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of SF and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third party websites you leave SF entirely at your own risk.
From time to time SF may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
The content of SF is for your general information and use only. It is subject to change at any time without notice. SF content may be out of date, and we make no commitment to keep the website updated.
Any information or material placed on SF by users is the view and responsibility of those users and does not necessarily represent our view.
We do not make any representations or warranties that your access will be uninterrupted or error free. Access to SF may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.
We reserve the right to change or discontinue any service or feature of the SF site in whole or in part at any time.
With respect to goods:
To the extent possible, without modifying your rights under the Australian Consumer Law:
- We exclude all other implied terms and warranties, whether statutory or otherwise, relating to the website, the subject matter of our agreement with you and all content to or from which the website is linked;
- We will not be liable to you for indirect or consequential loss from or connected with our agreement with you in contract, tort, under any statute or otherwise (including, without limitation, loss or corruption of data) unless such loss arises as a result of our own negligence or willful misconduct;
- Risk of loss of or damage to goods you have ordered passes on delivery of them including where delivery is to unattended locations including locations which are attended by a person who is not acting on your behalf;
- Where we refund you the amount of your order less any deductions for delivery you agree such refund is the total amount of our liability to you for all circumstances relating to the refund;
- You agree that our total liability in any circumstances is to refund to you the cost of your order;
- Our liability to you for loss or damage of any kind relating to our agreement/s with you or is reduced to the extent (if any) that you cause or contribute to the loss or damage whether liability is in contract, tort, under any statute or otherwise.
With respect to services:
You acknowledge that you use SF at your own risk.
You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with SF or any other members’ use of or conduct in connection with the SF site in any circumstance.
You agree to indemnify us for any loss, damage, cost or expenses that we may suffer or incur as a result of or in connection with your use of or conduct in connection with SF, including any breach by you of the SF terms.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the SF terms, might apply in relation to your use of SF. In particular, we do not make any representations or warranties that the SF site will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of SF.
To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature on SF purchased by you during the term of your membership.
In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.
No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the SF terms or your use of SF. The SF terms represent the entire agreement between you and us regarding your use of the SF site.
If any provision of the SF terms is held to be invalid, the remainder of the SF terms shall continue in full force and effect.
You agree that the SF terms will be governed by the laws of New South Wales.