These terms and conditions (General Website Terms of Service) are the contract between you and GetFished (“us”, “we”, etc). By visiting or using Our Website, or signing up for our Services, you agree to be bound by them.
We are GetFished.
You are: Anyone who uses Our Website or buys Products or Services from us.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site or the Services immediately.
These are the agreed terms
Definitions
“Content” means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.”Intellectual Property” means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of all kinds coming into existence after today; and including, among others, patents, trade marks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.“Our Website” means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us. It includes services we use in the process of doing business, including merchant charging facilities.“Post” means place on or into Our Website any Content or material of any sort by any means.“Services” means all of the services available from Our Website, whether free or charged.
“Visitor” means anyone who visits Our Website
Interpretation
In this agreement unless the context otherwise requires:
- a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
- a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
- in the context of permission, “may not” in connection with an action of yours, means “must not”.
- the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
- any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
- any obligation of any person arising from this agreement may be performed by any other person, except where otherwise stated.
- a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
- these terms and conditions apply to all supplies of Services by us. They prevail over any terms proposed by you.
- this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
- We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
- be unlawful, or tend to incite another person to commit a crime;
- consist in commercial audio, video, graphic/photographic or music files;
- be obscene, offensive, threatening, violent, malicious or defamatory;
- be sexually explicit or pornographic or be racist;
- be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
- request or collect passwords or other personal information from another user without his permission, nor Post any unnecessary personal information about yourself;
- be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
- include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself or your own specimens in your profile or in such place as we designate;
- facilitate the provision of unauthorised copies of another person’s copyright work; link to any of the material specified in this paragraph;
- Post excessive or repeated off-topic messages to any forum or group; sending age-inappropriate communications or Content to anyone under the age of 18.
- You agree that where any such behaviour specified in this section is detected or reported to us, our staff or agents – that we reserve the right to suspend or terminate your use of our services without refund or recourse.
- You agree that where you are supplying goods and services, that you sell, swap or trade with others, that you are subject to our “3 Strikes and your Out” rule. This rule means that 3 (three) complaints received by verified purchasers of your goods or services results in automatic termination.
- You agree that where an infringement of Intellectual Property is reported that we reserve the right to demand you remove infringing material within 24 hours of notification – and that we may, at our discretion, remove it without further notice. Additionally, where we feel such infringement is not in the interest of our website business, our clients or the rights of others we may terminate services you have signed up for – without further discussion or appeal.
- In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
- hyperlinks, other than those specifically authorized by us;
- keywords or words repeated, which are irrelevant to the Content Posted.
- the name, logo or trademark of any organisation other than that of you or your client.
- inaccurate, false, or misleading information.
If you violate Our Website we shall take legal action against you. You now agree that you will not, and will not allow any other person to:
- modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
- link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
- download any part of Our Website, without our express written consent;
- collect or use any product listings, descriptions, or prices;
- collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
- aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
- share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
- create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
- you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
This agreement may be terminated:
- upon either of us giving the other 15 days notice in writing addressed by post to the last known to the last known e-mail address of the other of us. For this and all purposed in connection with this agreement, our details should be accessed through our Contact Form on the Contact page of this website.
- You may Cancel your paid subscription at any time from your Membership Details page. This requires no notice and takes effect at the end of your paid subscription period.
- If your cancellation is to be effective, you must give us full information to enable us to identify:
- who you are and;
- that you have proper authority to cancel and;
- the Services you wish to cancel.
- when we terminate it, without notice, on account of your failure to comply with these terms.
- immediately by either party if a trustee receiver administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).
- Any termination of this agreement by this paragraph shall be without prejudice to any other rights or remedies to which a party may be entitled.
Termination by either party shall have the following effects:
- your right to use the Services immediately ceases;
- we are under no obligation to forward any unread or unsent messages to you or any third party;
- In the event of such termination by us, we will within 15 days refund to you the balance of your cost outstanding for any Service, pro rata with time not elapsed;
- There shall be no re-imbursement or credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
You agree that at all times you will:
not to cause or permit anything which may damage or endanger our title to the Intellectual Property.
notify us of any suspected infringement of the Intellectual Property;
indemnify us for any loss or expense arising from your misuse of the Intellectual Property;
on the expiry or termination of this agreement immediately stop using the Intellectual Property except as expressly authorised by us in writing; not use any name or mark similar to or capable of being confused with any name or mark of ours;
so far as concerns software provided or made accessible by us to you, you will not: copy, or make any change to any part of its code;
use it in any way not anticipated by this agreement;
give access to it to any other person than you, the licensee in this agreement;
in any way provide any information about it to any other person or generally. not use the Intellectual Property except directly in our interest.
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Services
a breach of the intellectual property rights of any person;
For the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $ 100.00 per hour without further proof.
Miscellaneous matters
You undertake to provide to us your current land address, e-mail address, telephone number as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
If you are in breach of any term of this agreement, we may: publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication. terminate your account and refuse access to Our Website; remove or edit Content, or cancel any order at our discretion; issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future. You agree that we may disclose your information including assigned IP numbers, account history, account use, etc. to any judicial or proper legal authority who makes a written request without further consent or notification to you.
Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.It shall be deemed to have been delivered:if delivered by hand: on the day of delivery;if sent by post to the correct address: within 72 hours of posting;If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the State of Victoria, Australia.