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Terms & Conditions

  1. Introduction

1.1 This website is operated under ‘Fishingsales.com.au’ (ABN 82 127 102 498) and is referred to in these terms as ‘Fishingsales.com.au’.

1.2 By using Fishingsales.com.au you agree to be bound by these terms.

  1. Registered Users

2.1 In order to access the services provided on this website, you must become a registered user. You must complete registration by providing the information as set out on our membership/registration page.

2.2 Please refer to our Privacy Policy linked on our home page for information relating to our collection, storage and use of the details you provide on registration.

2.3 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change and indemnify Fishingsales.com.au for any loss or damage relating to the information provided by you.

2.4 On registration you provide a password and username.

2.5 On registration you agree to pay for our services as set out on our website.

2.6 We reserve the right to terminate your registration at any time if you breach these terms and conditions.

2.7 Our services are intended to be used by registered users within Australia only.

  1. Restricted Access

3.1 Fishingsales.com.au reserves the right to restrict access to areas of this website, or indeed this entire website.

3.2 If Fishingsales.com.au provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

3.3 Fishingsales.com.au may disable your user ID and password in Fishingsales.com.au’s sole discretion without notice.

3.4 Your access to the Fishingsales.com.au Website may be terminated at any time by Fishingsales.com.au without notice.

  1. User Content

4.1 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

4.2 You grant to Fishingsales.com.au a worldwide, irrevocable, non-exclusive, royalty- free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Fishingsales.com.au the right to sub-license these rights, and the right to bring an action for infringement of these rights.

4.3 Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or fishingsales.com.au or a third party (in each case under any applicable law).

4.4 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

4.5 Fishingsales.com.au reserves the right to edit or remove any material submitted to this website, or stored on Fishingsales.com.au’s servers, or hosted or published upon this website.

4.6 Notwithstanding our rights under these terms and conditions in relation to user content, Fishingsales.com.au does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

  1. No Warranties

5.1 This website is provided “as is” without any representations or warranties, express or implied. Fishingsales.com.au makes no representations or warranties in relation to this website or the information and materials provided on this website.

5.2 Without prejudice to the generality of the foregoing paragraph, Fishingsales.com.au does not warrant that:

This website will be constantly available, or available at all; or

The information on this website is complete, true, accurate or non-

misleading.

5.3 Nothing on this website constitutes, or is meant to constitute, advice of any kind.

  1. Hyperlinks

6.1 This website may from time to time contain hyperlinks to other websites. Such links are provided for the convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

6.2 Fishingsales.com.au does not endorse or approve Third Party Websites and those websites do not form part of the Fishingsales.com.au Website.

6.3 Linking our website is not permitted without prior written permission. We reserve the right to serve you with notice if we become aware of such linking.

  1. Intellectual Property Rights

7.1 The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

7.2 All trademarks, brands and logos generally identified either with the symbols TM or which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

7.3 Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to your or to any other person who has transmitted your comments.

7.4 If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

  1. Jurisdiction

8.1 These terms and conditions are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

8.2 If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

  1. Acceptance and changes to Terms of Use

9.1 Your use of the Fishingsales.com.au Website indicates your acknowledgement and acceptance of these Terms.

9.2 These Terms may be revised by Fishingsales.com.au publishing the revised Terms

on the Fishingsales.com.au Website. Your continued use of the Fishingsales.com.au Website constitutes your acknowledgement and acceptance of the revised Terms.

  1. Limitations of liability

10.1 Fishingsales.com.au will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

to the extent that the website is provided free-of-charge, for any direct loss;

for any indirect, special or consequential loss; or

for any business losses, loss of revenue, income, profits or anticipated

savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

10.2 These limitations of liability apply even if Fishingsales.com.au has been expressly advised of the potential loss.

  1. Indemnity

11.1 You hereby indemnify Fishingsales.com.au and undertake to keep Fishingsales.com.au indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Fishingsales.com.au to a third party in settlement of a claim or dispute on the advice of Fishingsales.com.au’s legal advisers) incurred or suffered by Fishingsales.com.au arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

  1. Other parties

12.1 You accept that, as a limited liability entity, Fishingsales.com.au has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Fishingsales.com.au’s officers or employees in respect of any losses you suffer in connection with the website.

12.2 Fishingsales.com.au does not take any responsibility for payments arranged between you and a third party organisation (e.g.Paypal and Securepay).

12.3 Fishingsales.com.au does not take responsibility for communication and delivery of items between the seller and buyer.

12.4 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Fishingsales.com.au officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Fishingsales.com.au.

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