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Website Terms of Use

1    Introduction

This Website is operated by IFLYFISH Pty Ltd (ABN 89139798146) (“We”, “Us”).
These Terms of use apply to the use of this Website with the domain name www.iflyfish.com.au (Website), including participation in our discussion forums.  
In using this Website, you agree to be bound by these Terms.  If you do not accept these Terms, you must not use this Website.  These Terms must be read in conjunction with any other applicable terms and conditions (including our Privacy Policy [Hyperlink]) governing the use of this Website.

2    Terminology

In these Terms:

•    the terms “we”, “us” and “our” are a reference to IFLYFISH Pty Ltd (ABN 89139798146);
•    the terms “visitor”, “you” or “your” are a reference to a person visiting this website, including as a participant in any of the discussion forums hosted on this website (whether as a member or as a reader); and
•    the term “member” is a reference to a person who is registered to participate in any of the discussion forums hosted on this Website as a contributor.  

3    Amendments to Terms

We reserve the right to amend these Terms from time to time.  Amendments will be effective immediately upon their being posted on this page on this Website.  Although we will endeavour to notify members of changes to these Terms, it is your responsibility to regularly check this page for any changes.  Your continued use of the Website will amount to an agreement by you to be bound by the Terms as amended from time to time.

4    Membership - General

In order to be able to post information in any of the discussion forums hosted on this Website, you must become a member.  To become a member, you must complete your registration details in the manner described on the Website.  Membership is free, but is non-transferable.
We reserve the right to terminate your membership at any time if we believe that you have breached any of these Terms, or that any of the information that you have submitted to us (whether during the process of registering as a member or otherwise) is untrue.
If you do not become a member, you may access the public discussion forums hosted on this Website for reading purposes only, but you may not contribute to any discussion.  Persons in this category are described as “guests”.
Membership is only open to individuals who are 15 years of age or older.  If you are under 18 years old, you must get parental consent before registering as a member of this Website.  If you are under 15 years of age you must not register as a member.

Members’ obligations
By registering as a member, you agree to abide by the following Terms:

•    you are responsible for protecting the confidentiality of your password;
•    you must not provide any information (whether during the registration process or otherwise) that is false or otherwise misleading;
•    you agree to provide current, accurate and up-to-date information about yourself as required under these Terms, and to keep any information that you have provided to us (whether during the registration process or otherwise) updated so that it remains accurate;
•    you must not use the Website to engage in any conduct that is unlawful, obscene, defamatory, vilifying, racist, harassing, threatening, abusive, unlawfully discriminatory, offensive, objectionable or inappropriate, or might cause harm of any kind to any person or to property or which might encourage illegal activities (including by sending, uploading, providing links to or otherwise making material available through the Website);
•    you must not use the Website to breach any laws or send, upload or link to any information or material that you are not legally entitled to (including confidential information of any person or information about minors that it is unlawful to disclose);
•    you must not use the Website to stalk or harass other Website users or any other persons;
•    you must not create more than one member profile;
•    you must not use your member profile for commercial gain;
•    you must cease communicating with any Website user or other person through the Website upon that user’s request, unless such communication is lawful and necessary to enforce your legal rights or comply with your legal obligations;
•    you must not post or transmit any material in which the copyright is owned by another person or entity and you warrant that all material posted is your original work and not sourced from any third party;
•    you must not post any material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
•    you agree not to disrupt the flow of dialogue or otherwise act in a manner which negatively affects other members or users;
•    you must not impersonate any other person;
•    any information or material that you submit or contribute to the discussion forum is and may be treated by us as non-confidential and non-proprietary, and we may publish, use or amend such material without restriction;
•    when you submit information or material to the discussion forum or for publication on the Website, you grant us an irrevocable licence to edit, condense, publish, use and communicate that information or material to the public;
•    you agree not to transmit any unsolicited advertising or promotional materials to other members using contact details or other information found on this Website;
•    you agree that you will only publish advertising or promotional materials within the areas of the Website that we designate (and then only in accordance with these Terms, the Advertising Terms [hyperlink] and any other document referred to in them);
•    we may remove or alter any material which you post from the discussion forum or the Website without notice at any time;
•    you accept that any material or information provided by you may be posted in the discussion forum or the Website for any other members or guests to read;
•    any  information provided by us in our discussion forum or the Website is provided in good faith.  You accept that any information provided by us is general information and is not in the nature of advice.  We derive our information from sources that we believe to be accurate and up to date as at the date of publication, and we reserve the right to update, change or remove this information at any time;
•    we do not make any representations or warranties that the information we provide is reliable, accurate or complete, or that your access to the discussion forums will be uninterrupted, timely or secure.  We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us.  You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which appears in the discussion forum;
•    we do not accept any liability for the accuracy or content of any material posted by other members of the discussion forum.  We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another member;
•    we do not accept any responsibility or liability for any information or material which you submit to the discussion forum, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the discussion forum;
•    we do not warrant that we will respond to questions or comments submitted to our discussion forums;
•    we do not warrant that any material you submit to the discussion forum will be protected against loss, misuse or alteration by third parties.  We do not warrant that we will post the information or material you submit.  If we elect in our sole discretion to post your information or material, we do not warrant that the material or information you submit will be posted within a certain timeframe;
•    if you download any material from the discussion forum or the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.  You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material.  In addition, you may not commercialise any information products or services from the downloaded material.

5    Purchasing Goods and Services

Users and members of the Website will be able to purchase goods described on the Website for the price specified on the website.
When placing an order, you must provide your name, email address, credit card details and any other ordering information specified on the Website.
Within 7 days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
You cannot cancel an order once it has been submitted, even if our acceptance or rejection of the offer is still pending.
We are not required to give reasons for rejecting your offer to purchase.
If we reject your offer to purchase the goods for any reason, we will not be under any liability arising out of your original offer or our non-acceptance of that offer.
If we have not responded to you within 7 days, your offer will be deemed to be rejected
We give no undertaking as to the availability of products advertised on the Website.
Delivery of the goods to you will be effected in the manner described on the Website.
Title in the goods does not pass to you until payment has been received.
Risk of loss or damage to the goods passes to you upon dispatch.
Payment must be effected in the manner described on the Websites. Prices are [exclusive or inclusive?] of goods and services tax. In all other respects, the price is exclusive of taxes, duties, and charges imposed or levied in Australia and overseas in connection with the supply of goods.
Prices do not include delivery charges unless specifically stated to be free of delivery charges.  
The goods are offered for sale only to persons who can make legally binding contracts.

6    Cancellation due to error

You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card for the amount in question.

7    Specific Warnings

We make no warranty that goods acquired from us over this Website will meet your requirements.
Details contained on this Website relating to goods and services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this Website concerning those goods and services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from the Website.
You acknowledge that despite all reasonable precautions on our part, there is a risk or unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on Website. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.

8    Mobile
Users and Members of the Website will have the opportunity to purchase goods via mobile phone (in addition to the Website). [Insert proposed rates]. Please be aware that in addition to our rates, your carrier’s normal rates and fees, such as mobile internet or text messaging fees will apply.
If you change or deactivate your mobile telephone number, you will update your account information on the Website within 24 hours to ensure that messages intended for you are not sent to someone else.
You provide us all necessary rights to enable users to sync their contact lists with any basic information and contact information that is visible to them on the Website.

9    Advertising and Promotion

If you wish to place an advertisement on this Website, you must also comply with our Advertising Terms [hyperlink].  Only registered members can place advertisements on this Website unless we otherwise agree.  

10    Disclaimer

We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website or any linked website.
We also do not accept responsibility for any harm or death caused to any person who uses this Website.
This disclaimer set out in these’ Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms is hereby excluded.  Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services: (i) supplying of the services again; or (ii) the payment of the cost of having the services supplied again.

11    Specific Warnings
You must ensure that your access to this Website is not illegal or prohibited by any laws which apply to you or which apply in the location from which you are accessing this Website.
You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.  We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any linked Website.
We do not accept liability for any losses arising directly or indirectly from our removal, suspension or termination of any part of the discussion forum facility, any failure to provide the discussion forum facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions, postings or content transmitted or posted by members in contravention of their obligations as set out in these Terms, or any transmissions, postings or content transmitted or posted by a non-member.
You are responsible for any claim by a third party arising out of a breach of these Terms by you or by any person using your password or ID, whether or not you have authorised that person to use your password or ID.
You acknowledge that we cannot confirm the identity of other members or prevent them acting under false pretences.
Responsibility for the content of advertisements appearing on this Website (including hyperlinks to advertisers’ own Websites) rests solely with the advertisers.  The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.

12    Copyright

Copyright in this Website (including in any text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us.  Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms, you may not in any form or by any means:

•    adapt, reproduce, frame, store, distribute, display, perform, publish or create derivative works from any part of this Website; or
•    commercialise any information, products or services obtained from any part of this Website;
without our written permission.

13    Trade Marks

Except where otherwise specified in writing, any word or device to which is attached the TM or ® symbol is a trade mark.
Nothing contained on this website shall be construed as granting any licence or right to use any trade mark without our prior written permission.  
You must not use any of our trade marks:

•    in or as the whole or part of your own trade marks;
•    in connection with activities, products or services which are not ours;
•    in a manner which may be confusing, misleading or deceptive;
•    in a manner that disparages us or our information, products or services (including this Website).

14    Restricted Use

Unless we otherwise agree in writing, you may access this Website only for your personal use.  You are authorised to print a copy of any information contained on this Website for your personal use, unless such printing is expressly prohibited.  Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Website.

15    Availability of Website

We reserve the right to withdraw the availability of the Website without notice.

16    Linked Websites

This Website may contain links to other Websites (“linked Websites’’).  Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked Websites.
Our links with linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked Websites, or of any information, graphics, materials, products or services referred to or contained on those linked Websites, unless and to the extent stipulated in writing to the contrary on this website.

17    Privacy Policy
We collect and use any personal information in accordance with the terms of our Privacy Policy [hyperlink], which forms part of these Terms.

18    Security of Information

Unfortunately, data transmissions over the Internet cannot be guaranteed as totally secure.  Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us.  Accordingly, any information that you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information

19    Termination of Access

Access to this Website may be terminated at any time by us without notice.  These Terms will nevertheless survive any such termination.

20    Governing Law

These Terms are governed by the laws in force in New South Wales, Australia.  You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. If users access the Website from outside Australia they accept responsibility for ensuring or confirming compliance with all laws in that jurisdiction that apply to them as a result of that access or any consequent transactions or dealings with us, the Website or other users.

21    General

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.
Any waiver of our rights under these Terms must be in writing.  If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will be waived on any other occasion.
If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining Terms shall nevertheless continue in full force.
We may transfer or sublicense our rights and obligations under these Terms but you may not.

22    Questions

If you have any questions, comments or concerns arising from the website, the privacy policy or any other relevant Terms, policies and notices or the way in which we are handling your personal information, please contact us at [insert email address]

23    To Return to the Website

By registering as a member or continuing to access and use the Website, you acknowledge that you have read, understood and agreed to be bound by the above Terms.

Version: 1.0

Date: 1st August 2010