T&C | Your Fish

Terms and Conditions

Your Fish User Licence Agreement

Definitions
1. In this User Licence Agreement:
  1. App Store means the online sales and distribution platform operated by a third party by which the User has downloaded the YOUR FISH App.
  2. App Store Terms and Conditions means the terms and conditions of the App Store that set out any rights and obligations of the User in relation to the YOUR FISH App or the Services.
  3. Company Platform means the YOUR FISH App or other platforms and websites of or managed by us and used by us to provide the Services, or the system and server software used to provide the Services, as well as any other cloud based platform used by us and includes any computer hardware on which the YOUR FISH App or other platform, database, system or server software managed by us is installed.
  4. Effective Date means, the earlier of the following occurring:
    1. the date on which the User first uses the login and password to access the YOUR FISH App; or
    2. the date upon which the User receives a written confirmation that the Licence with the User has come into force following the User’s express consent to this Licence.
  5. Export Laws means all applicable laws restricting and/or regulating:
    1. the inter-jurisdictional import, export, supply, disclosure, transfer or transmission of goods, services, the YOUR FISH App, technology, technical know-how, data and information; and/or
    2. the import, export, supply, disclosure, transfer or transmission of goods, services, the YOUR FISH App, technology, technical know-how, data and information to designated entities or persons, or to designated classes of entities or persons.
  6. Licence means this User Licence Agreement.
  7. Related Body Corporate means as described in Section 50 of the Corporations Act 2001 (Cth).
  8. Services means any services that YOUR FISH provides to a User under this Licence.
  9. User, you means you as an individual who is either an individual or the company or other legal entity on behalf of which you have been granted access to the YOUR FISH App with a user login account and accepting the terms of this Licence. Where you are accepting this Licence on behalf of a company or other legal entity on behalf of which you are accessing the YOUR FISH App, you represent that you are authorised by that company or other legal entity to accept this Licence on its behalf.
  10. User Content means all data uploaded, posted or transmitted (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, communications, photographs, user videos, sound recordings and any musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise data, communication, works and materials uploaded to or stored on the YOUR FISH App or a Company Platform by the User, and that is:
    1. transmitted by the YOUR FISH App or Company Platform at the instigation of the User;
    2. supplied by the User to YOUR FISH for uploading to, transmission by or storage on the YOUR FISH App or Company Platform; or
    3. generated by the YOUR FISH App or a Company Platform as a result of the use of the YOUR FISH App, a Company Platform or Services by the User (but excluding analytics data relating to the use of the YOUR FISH App or Company Platform and server log files).
  11. Update means a hotfix, patch or minor version update to the YOUR FISH App.
  12. Upgrade means a major version upgrade of the YOUR FISH App.
  13. YOUR FISH, us, we means YOUR FISH PTY LTD A.C.N 671 647 304 and all Related Body Corporates (across any jurisdiction).
  14. YOUR FISH App means the Company Platform known as the “YOUR FISH” App, managed by us and used by YOUR FISH to provide the Services.
Term and Grant of Licence
1. This Licence is entered into on the Effective Date and will continue in full force and effect indefinitely, until the earlier of the following:
  1. the date on which the User’s login account is terminated by the User or YOUR FISH, which may occur as a result of a determination made by YOUR FISH in its , including any Related Body Corporate decision; or
  2. termination of this Licence in accordance any provision contained within this Licence.
2. Subject to the compliance by the User with the provisions of this Licence, and for such time as the User’s login account for the YOUR FISH App remains valid, YOUR FISH hereby grants to you from the Effective Date and for the period until terminated under clause 2.1, a personal, revocable, non-exclusive, royalty-free, non-transferrable, licence without any right to sub-license, to use the Services subject to the limitations and prohibitions otherwise set out and referred to in this Licence.
Overview
1. We offer the YOUR FISH App to you on the condition that you accept this Licence. These terms of this Licence apply to all Users of the YOUR FISH App.
2. Please read this Licence carefully before using the YOUR FISH App. If You do not agree to the terms of this Licence, then you must cease accessing the YOUR FISH App or our Services. The terms of this Licence are considered an offer and your acceptance is expressly limited to the terms of this Licence.
3. By accessing the YOUR FISH App, downloading it from a Company Platform or the App Store, or otherwise using or engaging in our Services, you agree to be bound by the terms of this Licence, including any additional terms and conditions and policies referred to in this Licence.
4. Your submission of personal information through our Services is governed by our Privacy Policy. Click [here] to view our Privacy Policy.
YOUR FISH App Terms
1. By agreeing to the terms of this Licence, you represent that you are at least the age of 18, or that you are the age of majority in your country, state or province of residence in which you reside, or in the event that this site is being accessed by a minor, you as the guardian of the minor have given us your consent to allow any of your minor dependents to use the YOUR FISH App or our Services. If we learn that someone under the relevant age specified above is using the Services and without guardian consent, then we will terminate that user’s account.
2. A breach by you of the terms of this Licence may result in termination of the Services to you.
App Stores
1. You acknowledge that in addition to the terms of this Licence, the App Store Terms and Conditions also apply with respect to the use of the YOUR FISH App by the User.
2. In the event of any conflict between the provisions of this Licence and the App Store Terms and Conditions, the provisions of this Licence will take precedence.
3. Where the provisions of the App Store Terms and Conditions impose obligations or liabilities on the User in relation to the YOUR FISH App or its Services (excluding those relating to payments), are hereby incorporated into this Licence for the benefit of YOUR FISH and will be enforceable by YOUR FISH against the User.
4. You acknowledge that the operator of the App Store has rights under the App Store Terms and Conditions which may affect the exercise of the User’s rights under this Licence. Except as otherwise required by law, YOUR FISH will not be in breach of this Licence, and will not be liable to the User as a result of and in respect of any loss or damage arising out of operator’s exercise of its rights under the App Store Terms and Conditions.
General Conditions
1. Except as otherwise required by law, we reserve the right to refuse access to the YOUR FISH App or the Services to anyone for any reason at any time.
2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the YOUR FISH App or the Services, without express written permission by us.
3. You are not permitted to create a user login account with the YOUR FISH App if you:
  1. have been convicted of a sex crime, or any crime involving violence and at any time you have been registered on the:
    1. Australian National Child Offender Register and/or other child offender register operated by the Commonwealth of Australia or any State or Territory of Australia; or
    2. Managed Person System; or
  2. are currently subject to a domestic violence order issued by any Court of any State or Territory in Australia.
4. We may immediately terminate your access to the Service where you are (or we reasonably suspect you are) in breach of any warranty in clause 6.2 or 6.3.
5. We otherwise reserve the right to refuse the Service to anyone for any reason at any time, without reasons. Our discretion is absolute and unfettered.
User Login and Access Credentials
1. You will be provided with a user identification code and password as part of YOUR FISH’s security procedures (whether by YOUR FISH or its Related Body Corporate), and you must treat such information as confidential.
2. You may only access the YOUR FISH App by entering a valid user identification code and password. You must keep the log in credentials in a secure and safe place.
3. YOUR FISH have the right to cancel and disable any user identification code or password, without notice, whether chosen by you or allocated by YOUR FISH at any time, if in YOUR FISH’s reasonable opinion(s), you have failed to comply with any provision of this Licence.
4. In the event of cancellation of the login account of a User in accordance with this Section 7, a User may not object, and such User will no longer seek to access the YOUR FISH App.
5. If you no longer want to use our Services again, and would like your account deleted, contact us at Yourfishapp@gmail.com. We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
Your interaction with other users
1. YOUR FISH strives to encourage a respectful user experience that allows users to ‘Opt in’ to provide their location, however; you acknowledge and agree that YOUR FISH is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other user, particularly if you decide to communicate off the Service or meet in person. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.
2. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND YOU UNDERSTAND ALTHOUGH WE PROVIDE THE SERVICES FOR PEOPLE TO CONNECT, SHARE AND MEET, THAT YOUR FISH DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. ADDITIONALLY, WE DO NOT DIRECTLY VERIFY THE IDENTITY OF OUR USERS AGAINST ANY FORM OF GOVERNMENT DATABASE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY, BACKGROUND, CREDIBILITY, HISTORY OR CONDUCT OF OUR USERS.
PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
1. We may provide you with emails, text messages, push notifications, alerts and other messages related to the YOUR FISH App and/or the services, such as real-time fishing location updates, enhancements, offers, products, events, and other promotions. After downloading the YOUR FISH App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, then push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the YOUR FISH App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at Yourfishapp@gmail.com
2. The YOUR FISH App may allow access to or make available opportunities for you to view certain content, share your location with other users and receive other products, services and/or other materials based on your location. To make these opportunities available to you, the YOUR FISH App will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS, Bluetooth or other location determining software or do not authorise the YOUR FISH App to access your location data, you will not be able to access such location-specific content, products, Services and materials. For more about how the YOUR FISH App uses and retains your information, please read the Privacy Policy.
3. YOU ACKNOWLEDGE AND AGREE THAT YOUR ELECTION TO ‘OPT IN’ TO SHARE YOUR LOCATION WITH OTHER USERS COMES WITH A DEGREE OF INHERENT RISK AND YOUR ELECTION TO INTERACT WITH OTHER USERS IN THIS WAY IS SOLELY AT YOUR OWN RISK. YOUR FISH MAKE NO WARRANTIES OR REPRESENTATIONS OR OTHERWISE HAS ANY LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE RESULTING TO YOU AS A RESULT OF YOU SHARING YOUR LOCATION SERVICES TO OTHER USERS.
Prohibited Uses
1. In addition to any other prohibitions as set out in this Licence, you are prohibited from using our Service or its content as follows:
  1. for any unlawful, obscene or immoral purpose;
  2. that does not comply with any Export Laws;
  3. make use of the Service for any other purpose other than in accordance with this Licence;
  4. transfer your right to use the Service to another person or to sell, gift or transfer your user account to another person;
  5. post any commentary about another person without that person’s permission;
  6. share the location of another user without the users’ express consent;
  7. post any private or confidential information relating to you or another person;
  8. post any commentary that contains libelous or otherwise unlawful, abusive or obscene material;
  9. to solicit others to perform or participate in any unlawful acts;
  10. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  11. to infringe upon or violate our intellectual property rights or the intellectual property rights of others including, the use any photographs, images, text, branding, music or video that belongs to someone else without their permission, post content that does not belong to you;
  12. to bully, harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  13. to submit false or misleading information;
  14. to answer, respond, comment, make opinion, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
  15. to create more than one user account, unless we agree otherwise;
  16. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the YOUR FISH App, the Services or any other Company Platform;
  17. upload or post material that, in the sole judgment of YOUR FISH, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose YOUR FISH, the Services or its users to any harm or liability of any type;
  18. to collect or track the personal information of others;
  19. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  20. to link to any third party websites, apps or platforms;
  21. use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments;
    1. you do not impersonate any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  22. for any obscene or immoral purpose; or
  23. to interfere with or circumvent the security features of the YOUR FISH App, the Services or other Company Platform or any other websites or the Internet.
2. You warrant that anything you do while using the YOUR FISH App and the Services that are in breach of the prohibited uses listed in clause 10.1 above or does not otherwise comply with the terms of this Licence, then you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty and we may immediately and without notice terminate your access to the Service.
Intellectual Property Notice
1. Copyright: All content included on the YOUR FISH App is the property of or licensed by YOUR FISH and its suppliers and is protected by Australian and international copyright laws. All software used on the YOUR FISH App is the property of YOUR FISH or its suppliers and is protected by Australian and international copyright laws.
2. Trade Marks: All graphics, logos, page headers, button icons, scripts, and service names displayed on the YOUR FISH App are exclusively the trade marks or registered trade marks of US in Australia and/or other countries (YOUR FISH Trade Marks). YOUR FISH Trade Marks may not be used in connection with any product or service that is not ours in any manner. All other trade marks not owned by us and that appear on the YOUR FISH App are the property of their respective third party owners, who may or may not be affiliated with or sponsored by us.
3. Limited Licence: We do not grant you a licence and do not permit you to use any of the YOUR FISH Trade Marks or logos that are displayed on the YOUR FISH App without written permission. You may view, access and use the content contained within the YOUR FISH, by using your mobile phone. In accessing the YOUR FISH App you are able to save an electronic copy of any part of the YOUR FISH App or a Company Platform by means of the usual operation of your mobile or web browser only.
Accuracy, Completeness and Timelines of Information
1. As a Service, we provide a the YOUR FISH App for people to connect. You connect with other users of our Service based on the User Content that they upload in using the Service, and you expressly acknowledge and agree that:
  1. we do not review, edit, approve, remove or endorse User Content; and
  2. we will not take any action in respect of any User Content, unless:
    1. a complaint is made to us in respect of specific User Content (“Reported Content”); and
    2. the Reported Content is in breach of these terms, as determined by us in our sole discretion.
2. We are not responsible if information made available on the Service, including User Content, is not accurate, complete or current. The accuracy of the User Content is on each user who posts such content on our Service.
3. Information contained on the YOUR FISH App has been prepared by us as a convenience to you and are not intended to constitute advice or recommendations upon which you should rely. Information provided is general in nature and should not be relied upon or used as the sole basis for making decisions without consulting primary sources of information. We have used reasonable efforts in collecting, preparing and providing quality information and material, and to the extent permitted by law, YOUR FISH makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the YOUR FISH App and in particular, how that information may relate to your personal circumstances. Any reliance on the material on the YOUR FISH App is at your own risk.
4. Information relating to specifics information of fish and fishing rules and regulations, YOUR FISH has obtained that information from various government sources, including but not limited to the following:

https://www.daf.qld.gov.au/business-priorities/fisheries/recreational/recreational-fishing-rules

http://rules.fish.wa.gov.au/

https://nt.gov.au/marine/recreational-fishing

https://www.dpi.nsw.gov.au/

https://vfa.vic.gov.au/

https://fishing.tas.gov.au/

https://www.environment.act.gov.au/nature-conservation/wildlife-management/fish

The YOUR FISH App may contain certain historical information, including any information collected fromthe websites in clause 12.4 above. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the YOUR FISH App or the Services at any time, but we have no obligation to update any information on the YOUR FISH App or the Services. You agree that it is your responsibility to monitor changes to the YOUR FISH App and the Services you access.
Except as required by law, we undertake no obligation to update, amend or clarify information in the Services, including without limitation, pricing information. No specified update or refresh date noted in our Services should be taken to indicate that all information in our Services have been modified or updated.

Modifications of the Services and Prices
1. We may at any time modify, suspend or discontinue one or more of the YOUR FISH App without notice to you.
2. We are not liable to you or to any third-party for any modification, subscription price changes, suspension or discontinuance of the Services.
In App Purchases
1. From time to time, we may offer products and services for purchase on our Service, including In App purchases (“In App Purchases”) through iTunes, Google Play or other application platforms authorised by us (each, a “Application Store”).
2. If you choose to make an In App Purchase, you will be prompted to enter details for your account with your Application Store (“your App Account”), and your App Account will be charged for the In App Purchase in accordance with the terms disclosed to you by the Application Store provider at the time of purchase as well as the general terms for In App Purchases that apply to your App Account.
3. Some Application Stores may charge you sales tax, depending on where you live.
4. We reserve the right, but are not obligated, to limit the sales of In App Purchases to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any In App Purchases that we offer. All descriptions of In App Purchases pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any In App Purchase at any time. Any offer for any In App Purchase made on the Service is void where prohibited.
5. We do not warrant that the quality of any In App Purchases you may purchase or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. The Service and any information in relation to an In App Purchase constitutes an invitation to treat and not an offer by us to supply goods or a service. When you submit an order to purchase an In App Purchase from us, this constitutes an offer from you to buy that In App Purchase in accordance with these terms. No contract for the sale and purchase of that In App Purchase shall be formed between you and us until we credit your account in the Service with the In App Purchase.
7. Unless otherwise stated, In App Purchases are provided to you as a limited, personal, non-transferable, non-sublicensable, revocable licence to use within the Service and in the manner prescribed only, governed by this Agreement and any policy we may implement in respect of any In App Purchases.
8. Except as otherwise prohibited by applicable law, In App Purchases obtained by you are licensed to you, and you acknowledge that no title or ownership in or to In App Purchases are being transferred or assigned to you. These terms should not be construed as a sale of any rights in the In App Purchases. Any balance shown on your account in the Service for In App Purchases do not constitute a currency of any kind or reflect any stored value, but instead constitute a measurement of the extent of your licence.
9. In App Purchases do not incur fees for non-use, however, the licence granted to you in In App Purchases will terminate in accordance with the terms of these Terms, when we cease providing the Service or the In App Purchases or your account is otherwise cancelled or terminated.
10. We, in our sole discretion, reserve the right to charge fees for the right to access or use In App Purchases and/or may distribute In App Purchases with or without charge.
11. We may manage, regulate, control, modify or eliminate In App Purchases at any time.
12. We shall have no liability to you or any third party in the event that we exercise any rights in clauses 14(x) and 14(xi).
13. The transfer of In App Purchases is prohibited, and you shall not sell, redeem or otherwise transfer In App Purchases to any person or entity.
Integrations
1. We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
2. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties and without any endorsement. We are not liable for any matter arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through our Services is entirely at your own risk. You should ensure that you are familiar with and approve the terms and conditions on which tools are provided by the relevant third-party provider(s).
4. In the future we may also offer new features through our Services. These new features will also be subject to this Licence.
Third-Party Links
1. Certain content, products and Services available via the YOUR FISH App may include materials from third-parties.
2. Third-party links on the YOUR FISH App may direct you to third-party websites or other Apps that are not affiliated with us. We are not responsible for examining the content of those third-party websites or Apps and will not have any liability or responsibility for any third-party materials, websites or Apps, or for any other materials, products, or services provided by third-parties.
3. We are not liable for any harm related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites or apps. Please review carefully the third- party’s policies and practices and make sure you understand them before you engage in any transaction with a third-party. All complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
4. Our links with third-party websites or Apps should not be construed as an endorsement by us of the owners or operators of those linked websites, Apps and third parties, or of any information on those linked websites or Apps.
5. We accept no responsibility for the content of any advertisement appearing on an YOUR FISH App or a service from a third-party. The inclusion of any advertisement on an YOUR FISH App or a Service does not constitute a recommendation by us of the advertiser’s products.
6. You must not create any hyperlink to the YOUR FISH App on another website or app without our prior written permission. If you do create a hyperlink to the YOUR FISH App or embed the YOUR FISH App in another website, you do so at your own risk and you will be responsible for all losses we may suffer as a result of that conduct.
User Content
1. You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, edit, reproduce, translate, store, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
2. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.
3. The User warrants to YOUR FISH and its Related Body Corporate that the User Content does not and will not infringe the intellectual property rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation, in any jurisdiction and under any applicable law.
4. If, at our request, you send submissions or without a request from us, creative ideas, suggestions, proposals, plans, or other materials (collectively, comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you forward to us. We are under no obligation to:
  1. maintain any comments in confidence;
  2. pay compensation for any comments; or
  3. respond to any comments.
5. We may, but have no obligation to, monitor, edit or remove content on the YOUR FISH App or a Company Platform that we consider, in our absolute discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violates any third party’s intellectual property or the terms of this Licence.
6. The information and materials in the User Content, including User Content that includes YOUR FISH content, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.
7. You agree that your comments will not violate any rights of any third-parties. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any malicious software that could in any way affect the operation of the YOUR FISH App, the Service or any related Company Platform. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
Maintenance Services
1. We may from time to time during the term of this Licence, provide Maintenance Services to the User but we have no obligation to do so.
2. The User must apply each Update and Upgrade to the YOUR FISH App made available by us through the Maintenance Services in a timely manner.
3. If the User does not apply an Update or Upgrade to the YOUR FISH App, then in our discretion, the User may cease to have any right to use the YOUR FISH App until such time as it does so.
4. The User acknowledges that the supply and licensing of Upgrades may, at our discretion, be subject to additional terms and conditions.
Disclaimer of Warranties and Limitation of Liability
1. We do not guarantee your use of our Services will be uninterrupted, timely, secure or error-free. You agree that any issues, which may include errors, interruptions or security limitations, will not be a breach the terms of this Licence. To the extent permitted by law, we will not be liable to you should any of our Services contain errors, or become unavailable, interrupted, or delayed for any reason.
2. You agree that every now and then we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you. You expressly agree that your use of, or inability to use the Services is at your sole risk. To the maximum extent permitted by law, all warranties and conditions with regard to the YOUR FISH App and the content, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, accessibility, reliability, currency and accuracy are expressly disclaimed by us.
3. Suitability for purpose – We make no representations about the suitability, reliability, availability, timeliness, and accuracy of the YOUR FISH App and the content contained on the YOUR FISH App for any purpose, including in relation to the Services (except where express representations are made to the contrary).
4. Protecting your computer systems – To the maximum extent permitted by law, we do not accept responsibility for any loss or damage, caused in connection with your use of our Services or any linked website. You must take your own precautions to ensure that your hardware and software is free of viruses and that any content downloaded from the YOUR FISH App is free from viruses and other unwanted applications (such as ‘worms’ or ‘trojan horses’) that may interfere with or damage the operation of their computer systems.
5. Limitation of Liability – YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY INCLUDE ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
  1. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
  2. ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  3. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
  4. YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
  5. YOUR ELECTION TO SHARE YOUR LOCATION THOUGH THE YOUR FISH APP WITH OTHER USERS;
  6. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; or
  7. ANY OTHER LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE AN YOUR FISH APP, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE, OR ANY OTHER MATTER RELATED TO THE YOUR FISH APP, COMPANY PLATFORM, PRODUCTS AND SERVICES, CONTENT OR SOFTWARE.

IF YOU ARE DISSATISFIED WITH THE SERVICES, THE CONTENT OR ANY OF THE CONTENT IS UNRELIABLE, NO LONGER CURRENT OR INACCURATE, THE SOLE AND EXCLUSIVE REMEDY IS FOR YOU IS TO DISCONTINUE USING THE YOUR FISH APP.

General Warnings
1. You must ensure that your access to our Services is not illegal, unlawful or prohibited by laws which apply to you. You agree not to engage in any conduct that may impair or cause damage to the operation of our Services.
2. Our Services have been provided in accordance with Australian law but may not satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you live and if the details do not satisfy the laws of your jurisdiction, you must not use the Services or purchase or use any products from us.
3. Nothing in the terms of this Licence is intended to exclude, restrict or modify any rights you may have under the Competition And Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
4. Details contained on the Service 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 the Service concerning those goods or 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 Service.
Indemnification and further warranties
1. To the extent permitted by law, you agree to indemnify YOUR FISH, including for example, our Related Body Corporates, subsidiaries, affiliates, directors and employees, against any claim or demand arising out of your breach of this Licence or your violation of any law or the rights of a third-party.
2. Each party warrants to the other party that it has the legal right and authority to enter into this Licence and to perform its obligations hereunder.
Severability
1. If any of the terms of this Licence are held to be invalid, unenforceable or illegal for any reason then that term (or part thereof) will be construed in accordance with applicable law to the greatest extent possible to reflect the original intentions of the parties, and the remaining terms will continue in full force.
Termination
1. We reserve the right to terminate your use of the Services for violating any of the prohibited uses in clause 10 or otherwise breaching any other term of this Licence.
2. The obligations and liabilities of the parties incurred prior to the termination of this Licence will survive the termination of this Licence. Our disclaimers and limitations and exclusions of liability provided in this Licence survive any such termination.
3. We may terminate this Licence at any time by notifying you, including by publishing a notice of this termination on the YOUR FISH App or discontinuing availability of the YOUR FISH App.
4. If in our sole judgment you fail, or we suspect that you have failed, to comply with this Licence then we also may terminate this Licence at any time without notice. Accordingly, we may deny you access to our Services. YOUR FISH may communicate termination by disabling the User’s login account which may occur as a result of a determination made in our sole discretion.
Assignment
1. The User hereby agrees that YOUR FISH may assign YOUR FISH’s contractual rights and obligations under this Licence to its Related Body Corporate or to any successor to all or a substantial part of the business of YOUR FISH from time to time or to any third party, providing that, if the User is a consumer, such action does not serve to reduce the guarantees benefiting the User under this Licence.
2. Save to the extent expressly permitted by applicable law, the User must not without the prior written consent of YOUR FISH assign, transfer or otherwise deal with any of the User’s contractual rights or obligations under this Licence.
Export control
1. The User acknowledges that materials and/or information supplied to the User under this User Licence may be subject to the Export Laws.
2. The User must comply with the Export Laws insofar as they affect materials and information supplied to the User under this User Licence.
3. Without prejudice to the generality of Section 24.2, the User:
  1. must not import, export, supply, disclose, transfer or transmit any materials or information supplied to the User under this Licence if such import, export, supply, disclosure, transfer or transmission would contravene any embargo or exclusion list applying under the Export Laws; and
  2. must, where applicable, obtain all licences and consents required under the Export Laws for any import, export, supply, disclosure, transfer or transmission by or on behalf of the User of materials or information supplied to the User under this Licence.
Entire Agreement
1. The failure of us to exercise or enforce any right under the terms of this Licence does not constitute a waiver of our rights.
2. The terms of this Licence and any policies posted by us on our Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements or communications.
3. Any ambiguities in the interpretation of the terms of this Licence will not be construed against us as the drafting party.
4. We are not liable for any failure by us to comply with the terms of this Licence where such failure is beyond our reasonable control.
5. If we waive any rights available to us under the terms of this Licence on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
Governing Law
1. To the extent permitted by law, the terms of this Licence are to be governed by the laws in force in Queensland, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland and agree that the courts of Queensland are the exclusive forum in which to resolve any dispute arising in relation to this Licence.
Changes to Terms of Services
1. You can review the most current version of this Licence any time at this page.
2. We reserve the right, at our sole discretion, to update the terms of this Licence by posting updates and changes to our Services. It is your responsibility to check our Services periodically for changes. If you continue to use our Services, following the posting of any changes, you will be deemed to have accepted those changes. Any new features added to the Services will also be subject to this Licence, as amended from time to time.
How we handle e-mails
1. When you access the YOUR FISH App or send e-mails to us on any Company Platform, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the YOUR FISH App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.