Terms & Conditions

Conditional use of our site and services:

Your permission to use the Inter-Fish website is conditional upon your agreement that you:

 

• are 13 years of age or older, but are 18 years of age or older to purchase any product or membership;

• kids under 13 must have parent supervision when using the website, creating profiles or when competing in our competitions;

• will comply with these Terms of Service;

• will not copy or distribute any part of Inter-Fish in any medium without Inter-Fish’s prior written authorization;

• will provide accurate information when creating an account or registering for our Services;

• are solely responsible for your User ID and the activity that occurs while signed in to or while using Inter-Fish using your User ID;

• will not use Inter-Fish to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;

• will not use the communication systems provided by or contacts made on Inter-Fish for any commercial solicitation purposes;

• are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;

• represent that you own or have the necessary licenses, rights, permissions, and consents to use and authorize Inter-Fish to use any and all Content submitted by you to Inter-Fish in accordance with the licenses granted in this Agreement;

• hereby grant each Inter-Fish user, whether using Inter-Fish or an application authorized by Inter-Fish but developed via a third-party developer, a non-exclusive license to access the Content you submit through Inter-Fish and to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Inter-Fish’s functionality and under these Terms of Service;

• will not submit Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such Content to Inter-Fish; and

• hereby agree that we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 

Your account at Inter-Fish:

You will need to register by creating an account with Inter-Fish in order to publish Content on the Site or obtain access to certain Services, including Profile Pages and Online Competitions. If you choose to create an account or Inter-Fish profile with us, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Inter-Fish Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Inter-Fish may not register for an account, nor may you designate any of those individuals to use your account on your behalf.

 

Inter-Fish relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we’ve issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

 

Non-Confidentiality, Security And Privacy:

You understand that much of the information that you submit to us (such as postings and invitations) is submitted precisely for the purpose of disclosure in a variety of ways by Inter-Fish, and therefore such information is not subject to any confidentiality obligation. Other information, such as credit card information provided in connection with a purchase, is maintained with appropriate privacy and security protections. You agree that information provided to us in connection with a purchase, other than your credit card information, may be disclosed by us to the Inter-Fish Merchant for their commercial purposes including to provide membership.

 

Our Privacy Policy explains how we collect, use and disclose information that relates to your privacy. For full details, please refer to our Privacy Policy.

 

Any communications between you and Inter-Fish, such as email or other correspondence, in which you offer suggestions or comments for improving or modifying our Services will be deemed by us to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.

 

Rules Regarding Information And Other Content:

When you use the Site, you can publish and obtain access to various kinds of information and materials, all of which we call “Content.” Content also includes information and materials posted to the Site by you. You agree not to revise or obscure Content posted by others (including advertising and promotions authorized by Inter-Fish), and you agree not to post or use any Content in any manner that:

 

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,

• violates the privacy, publicity, or other rights of third parties,

• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate, as determined by Inter-Fish in its sole discretion,

• is false or inaccurate, or

• could damage our company, parent company, sister companies, affiliates, advertisers, or any other third party.

 

Though we strive to enforce these rules with all of our users, you may be exposed through the Site or Services to Content that breaches our policies or is otherwise offensive. You may use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content breach the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for your exposure to Content on the Site whether it breaches our policies or not.

 

General Rules Of User Conduct:

 It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

 

• conduct or promote any illegal activities while using the Site or Services;

• upload, distribute or print anything that may be harmful to children;

• attempt to reverse engineer or jeopardies the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;

• attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;

• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

• use the Site or Services to generate or distribute unsolicited email advertisements or spam;

• use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or

• impersonate another user.

 

Log Files:

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log standard access information including browser type, access times/open mail, URL requested, and referral URL.

 

Cookies:

Like most interactive web sites infinitytackle.com.au uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

 

Links To This Website:

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

 

Links To Third Party Sites:

We don’t have control over websites that Inter-Fish may link to. Inter-Fish may contain links to third party websites that are not owned, operated, or controlled by Inter-Fish. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Inter-Fish you expressly relieve us from any and all liability arising from your use of any third party website.

 

Termination:

We may change or discontinue the Site or any of the Services at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our Site and our Services. Any Voucher issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such Voucher.

 

Disclaimer:

We provide the Site and Services “as is”, “with all faults” and “as available.” We and any sponsors make no express promises or guarantees about the Site or Services. To the maximum extent permitted by law, we and our employees, agents, and sponsors disclaim any implied contractual promises that the site and services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not promise or guarantee that Inter-Fish will meet your requirements, is error-free, without interruption or available at all times. We do not promise or guarantee that the results that may be obtained from the use of Inter-Fish, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our privacy policy. We do not promise or guarantee that you will be able to access or use the site or services at times or locations of your choosing. No oral or written information or advice given by a Inter-Fish representative shall create any contractual promise. You may have additional consumer rights under your local laws that this contract cannot change.

 

Limitations of Liability:

We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law, which include that we will provide the Site and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local consumer protection agency.

 

If we breach these Terms we shall only be liable for losses, which are a reasonably foreseeable consequence of such a breach.  Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:

 

• losses not caused by our breach;

• indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;

• content posted by other users;

• contracts entered into with third parties;

• loss of data;

• loss of goodwill;

• computer malfunction or failure;

• business or commercial losses caused to non-consumers; or

• failure to provide the Site or Services or to meet any of our obligations under this Agreement where such failure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Site or Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

 

Indemnity:

You agree to compensate Inter-Fish for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by Inter-Fish which are caused by your breach of this Agreement. Any claim that any Content submitted by you causes damage to a third party. This defence and compensation obligation will survive the termination or expiry of this Agreement and your use of Inter-Fish.

 

Reservation of Rights and Release:

Inter-Fish reserves the right, but has no obligation, to monitor, or take any action Inter-Fish deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any Content posted on the Site and from any and all claims related to the conduct of any other customers of ours or any Merchants.

 

Intellectual Property:

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trade marks and other proprietary rights. We are not granting any licence to you under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “Inter-Fish” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

 

The Content on Inter-Fish, excluding all intellectual property of other sites obtained by way of API and/or linking and Content posted by our customers, is owned by Inter-Fish. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Inter-Fish, subject to copyright and other intellectual property rights under Australian law, the law of the jurisdiction where you reside, and international conventions. Content provided by Inter-Fish is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted by this Agreement in and to the Site and Services.

 

As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

 

Copyright Notice:

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, you may notify our Copyright Agent with the following information in writing: (1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material 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 material; (4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Inter-Fish’s designated Copyright Agent to receive notifications of claimed infringement can be reached at admin@getfishing.com.au.

 

Electronic Communications:

The communications between you and Inter-Fish use electronic means, whether you visit the Site or send us emails, or whether Inter-Fish posts notices on the Site or communicates with you via email or SMS. For contractual purposes, you (a) consent to receive communications from Inter-Fish in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Inter-Fish provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

 

Changes to this Agreement and Waivers:

We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Inter-Fish’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Inter-Fish. No purported agreement not to enforce any right or modification of this Agreement by Inter-Fish via telephone or email shall be valid.

 

General Terms:

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If you breach this Agreement and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach this Agreement. Our rights under this Agreement will survive any termination of this Agreement.

 

We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us, you must do so within Australia. Relevant Australian law will apply.

 

You represent that you are legally able to accept these Terms of Service and enter into this Agreement. You confirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this Agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service, above, you confirm that you are, in any case, 13 years of age or older. If you aren’t, you must please stop using our Site and our Services.

 

This Agreement and all documents and communications directly or indirectly relating to it shall be in the English language.

 

Last updated: 1st May 2017