Please read these terms of service carefully before using the Service.

The Fishing Exchange (“thefishingexchange” or “The Company”, “Operator”, “We”, “Us” or “Our”) operates a business of providing an online platform which facilitates the sale of Goods by the Seller (“Seller”, “You” or “Your”) and the purchase of Goods by the Buyer. The Seller places Goods on the Marketplace pursuant to the terms of this document. By accepting these terms of service, The Fishing Exchange and You enter into an Agreement for the provision of Goods on these terms of service set out below (“Terms of Service”).

1. The Fishing Exchange TERMS OF SERVICE.

1.1. These Terms of Service govern the use of the Service and the Agreement that operates between You and The Fishing Exchange.
1.2. These Terms of Service set out Your rights and obligations regarding the use of the Service.
1.3. Your access to and use of the Service is conditional upon Your acceptance of and compliance with these Terms of Service.
1.4. By accessing or using the Service, You agree to be bound by these Terms of Service, and if You disagree with any part of these Terms of Service, then You may not access the Service.
1.5. You represent that You are over the age of majority according to the laws of Your country or the Country, whichever is higher. The Fishing Exchange does not permit those under that age to use the Service.
1.6. Your access to and use of the Service is also conditional upon Your acceptance of and compliance with the Privacy Policy of The Fishing Exchange. The Fishing Exchange Privacy Policy describes The Fishing Exchange policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or Website and tells You about Your privacy rights and how the law protects You. Please read The Fishing Exchange Privacy Policy carefully before using the Service.
1.7. The Fishing Exchange reserves the right to amend these Terms of Service at any time. The Fishing Exchange recommends that each time You access the Website You read these Terms of Service. If a revision is material, The Fishing Exchange will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at The Fishing Exchange sole discretion.
1.8. By continuing to access or use The Fishing Exchange Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.
1.9. You acknowledge that You rely on these Terms of Service and not any representations or warranties made by The Fishing Exchange prior to, or at the time of, entering into this Agreement.
1.10. If You are uncertain as to Your rights under these Terms of Service or You want an explanation about them please contact The Fishing Exchange via email at support@thefishingexchange.com.au or by visiting this page on The Fishing Exchange Website.

2. YOUR GOODS.

2.1. All product descriptions and content on The Fishing Exchange Website or otherwise issued by You are intended merely to present a general idea of Your Goods.
2.2. If the Buyer requires further details regarding Your Goods, the Buyer will be able to contact You directly using the messaging service on the Website, providing details of the additional information needed.
2.3. All information and details that You provide the Buyer must be true, accurate and not misleading or deceptive.
2.4. In the event that an order has been placed and You are unable to fulfil all or part of the order due to the Goods being out of stock or unavailable, You will be obliged to provide the Buyer a refund.
2.5. The Fishing Exchange will use all reasonable endeavours to process the refund to the Buyer within thirty (30) Business Days.
2.6. You will be entitled to withdraw or suspend any Goods displayed on the Website from sale either temporarily or permanently.
2.7. The Fishing Exchange will not be liable to You for any loss You, any third party or the Buyer suffers arising from or in any connection with any Goods, particularly as a result of a withdrawal or suspension of availability with respect to a particular Good.
2.8. Where the Buyer’s order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise), You will either replace the Goods or accept the return and refund any money paid for the Goods. You will bear any necessary costs incurred in replacing or repairing Goods that are faulty or not as described. The Fishing Exchange will not be liable for any loss You, any third party or the Buyer suffers as a result of the error on the Website.
2.9. You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are true and accurate. (b) You have ensured that corresponding written description of the Goods are correct. (c) where You provide sizing or other measurements in the descriptions of the Goods (where applicable), it is Your responsibility to ensure that the sizing and measurements are correct; and. (d) all pictures, images, descriptions, sizing or measurements uploaded to the Website by You are not misleading and deceptive.

3. PRICE AND PAYMENT.

3.1. The price and availability of the Goods are identified on the relevant page of the Website detailing the Goods.
3.2. Prices are displayed in Australian Dollars, as indicated by the “AU$”. Where You access the Website from an IP address located within Australia, prices displayed will include GST. Where You access the Website from an IP address located outside Australia, all prices will be stated in Australian Dollars and are exclusive of all Tax.
3.3. The price of all Goods is exclusive of all delivery costs.
3.4. You will be required to itemise separately, any delivery costs (where applicable), from the price for the Goods.
3.5. Once the Goods have been delivered to the Buyer’s nominated address, the price paid for the Goods less any applicable fees will be remitted to You.
3.6. The Fishing Exchange uses an encrypted payment gateway to secure payments. Whilst The Fishing Exchange takes all reasonable precautions, The Fishing Exchange cannot guarantee the security of any transaction.

4. ORDERS.

Placement of orders.
4.1. All orders placed by the Buyer for the provision of Goods must be submitted through the Website.
4.2. An order will only be deemed to be placed by the Buyer if the order is processed and paid in full.

Acceptance and rejection of orders.
4.3. You will be required to notify The Fishing Exchange via the platform messaging service on The Fishing Exchange Service whether You are unable fulfil any orders submitted to The Fishing Exchange.
4.4. You may in Your absolute discretion refuse to provide the Goods in the event that the Goods are unavailable for any reason whatsoever.
4.5. In the event that You reject an order, You or The Fishing Exchange will notify the Buyer of that rejection and the reason for the rejection via email within five (5) Business Days after the placement of the order. The Fishing Exchange will not be liable to You for Your loss or that of any third party for the rejection of an order.
4.6. Where You or The Fishing Exchange reject an order and the payment for the Goods has already been processed, You will refund any money paid to You in respect of that order and make reasonable endeavours to process the refund within thirty (30) Business Days. The Fishing Exchange is not liable with respect to any loss, damage, cost, expense or injury You or any third party incurs as a result of any delay in processing the refund.

Order modification.
4.7. You and the Buyer are responsible for any order modifications that are agreed between You and the Buyer and the Buyer will be responsible to pay any addition amounts, fees or taxes associated with any order modification.

5. GST.

5.1. This clause applies if GST is imposed on any Goods supplied by You under these Terms of Service.
5.2. Unless expressly stated otherwise, all consideration to be provided under these Terms of Service is expressed as exclusive of GST.
5.3. You will issue an invoice or invoices to the Buyer for the amount of GST referrable to the Taxable Supply. You will include in any such invoice such particulars as are required in order that the Buyer may obtain an input tax credit for the amount of GST payable on the Taxable Supply.
5.4. If any part of the consideration is referrable to both a Taxable Supply and anything that is not Taxable Supply, the amount of GST payable by the Buyer will be determined by You and will be the same amount of GST that would be payable if the Taxable Supply were the only supply made to the Buyer.
5.5. If the Buyer defaults on any payment on the due date of any amount payable under these Terms of Service, then without prejudice to any other remedies, the Buyer will pay You upon demand an amount equal to the amount of any damages or interest or additional GST that may become payable by You arising out of the Buyer’s default.

6. RETURNS.

The Fishing Exchange will facilitate and assist with returns for defective Goods, provided that the Buyer follows these steps:
(a) If the Buyer wishes to return Goods that are defective, the Buyer will notify The Fishing Exchange via the dispute button located on The Fishing Exchange Website and provide The Fishing Exchange with details regarding the defective nature of the Goods within forty-eight (48) hours from when the Goods are receipted by the Buyer.
(b) The details that the Buyer must provide to The Fishing Exchange include:
(i) the nature of the alleged defect;
(ii) photographic or video evidence of the alleged defect; and. (iii) any other details that may be relevant in assisting The Fishing Exchange with their determination. (c) Once The Fishing Exchangehas reviewed the details provided by the Buyer, in The Fishing Exchange sole discretion, The Fishing Exchange will determine whether the Goods are defective and You will be required to refund the Buyer for the purchase price of the Goods, if The Fishing Exchange determines that the Goods are defective.
(d) If The Fishing Exchange determines that the Goods are not defective, no refund will be issued to the Buyer.
(e) If the Buyer has not notified The Fishing Exchange that they wish to return Goods that are defective within forty-eight (48) hours from when the Goods are receipted by the Buyer, The Fishing Exchange will not be required to facilitate and assist with returns for defective Goods and it will be in Your sole discretion whether You wish to provide the Buyer with a refund for any defective Goods.

7. DELIVERY.

7.1. You will be responsible for the delivery of the Goods to the Buyer.
7.2. You will be required to inform The Fishing Exchange of the applicable delivery charges (if any) when You list the Goods on The Fishing Exchanges Service, which will be confirmed to the Buyer in The Fishing Exchange acceptance of the Buyer’s order before dispatch and processing of the order. 7.3. Subject to clause 7.4, You will be solely responsible for arranging the delivery of the Goods and ensuring that the Goods are delivered to the address specified by the Buyer in their order.
7.4. Unless otherwise agreed in writing by the Buyer and You, the delivery of the Goods will take place at the address the Buyer has specified in their order.
7.5. The Fishing Exchange shall not be responsible for any local customs charges, import taxes or duties or any similar charge(s) incurred through the carriage and/or delivery of any shipments and You must satisfy yourself as to whether any of these charges will become due, and if so in what amounts. If any such charges become due as a result of carriage and/or delivery of a shipment and are charged to The Fishing Exchange by any competent authority, You agree to reimburse The Fishing Exchange fully in respect of the same within 14 days of The Fishing Exchange demand.
7.6. The Fishing Exchange will not be held liable or responsible for Your failure to properly deliver the Goods to the address specified by the Buyer in their Order.

8. RISK AND TITLE.

8.1. The Goods shall be at the Buyer’s risk once the Goods have been delivered at the address for delivery as specified by the Buyer in their order, and if the Buyer wrongfully fails to take delivery of the Goods, then risk of the Goods shall pass to the Buyer at the time when You tendered delivery of the Goods.
8.2. Title to the Goods shall pass to the Buyer only after You have received in full all sums due to You in respect of the Goods including but not limited to the purchase price and delivery fee of the Goods and the Goods have been received by the Buyer.
8.3. If the Goods come into the Buyer’s possession prior to You receiving payment for the Goods, then title to the Goods shall remain with You.
8.4. Until ownership of the Goods are passed to the Buyer, the Buyer must:
(a) hold the Goods as Your bailee;
(b) store and hold the Goods (at no cost to You or The Fishing Exchange) separately from all of the Buyer’s other property or those of any third party in such a way that the Goods remain readily identifiable as Your property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) not use, alter or resell the Goods; and. (e) maintain the Goods in a satisfactory condition in their original packaging and take reasonable care of them.

9. YOUR OBLIGATIONS AND WARRANTIES.

9.1. You agree:
(a) to provide the Buyer with the Goods pursuant to the order, subject to payment of the Goods by the Buyer;
(b) to ensure that the Goods are provided in good faith, in a professional, competent and timely manner;
(c) to rely on the accuracy and completeness of information received from the Buyer; and.
(d) to comply with any applicable, legal, regulatory or mandatory obligations.
9.2. You warrant that the Goods will correspond with their specification as described on The Fishing Exchange’s Service at the time of delivery. This warranty is provided only to the Buyer as the purchaser of the Goods from You and is not transferrable.
9.3. The warranty under clause 9.2 only applies:
(a) to Goods supplied by You within Australia only. Nothing in this warranty affects any of the Buyer’s statutory rights for any alleged failure of a guarantee under the Australian Consumer Law;
(b) where the Buyer provides The Fishing Exchange with written notice of the defect within a reasonable time of the Buyer discovering the defect; and. (c) if The Fishing Exchange is provided a reasonable opportunity after receiving the Buyer’s notice of defect to examine the Goods in question and makes a determination that the warranty applies pursuant to clause 9.
9.4. Subject to clause 9.8, if You are in breach of Your warranty in clause 9.2, within 30 days of The Fishing Exchange examining the defective Goods, You shall refund the Buyer the price of such Goods.
9.5. The warranty in clause 9.2 does not apply:
(a) to the use of the Goods by the Buyer on improper foundations, platforms or other bases, which may result in damage to the Goods;
(b) in circumstances where the Buyer has not used the Goods for their intended purpose or in accordance with Your suggested use;
(c) where the Goods have been subjected to conditions likely to cause damage or deterioration beyond normal wear;
(d) the defect arises as a result of wilful damage, negligence, misuse, abnormal conditions or use or the Buyer’s failure to follow Your oral or written instructions as to the storage or use of the Goods;
(e) if the Goods have been damaged (intentionally or due to accident or neglect), including burns, cuts, water damage, smoke damage or stains;
(f) if the Buyer does not have proof of purchase; or.
(g) if the Buyer makes any further use of such Goods after giving notice of the defect to The Fishing Exchange.
9.6. You warrant that:
(a) any and all information You have given, or will give, to The Fishing Exchange and the Buyer is or will be true, accurate, comprehensive and not misleading in any material respect; and. (b) You will perform Your responsibilities and obligations under these Terms of Service with all due care and consideration.
9.7. You acknowledge and agree that The Fishing Exchange is not responsible for any delay or other consequence that results from Your failure to perform any of Your responsibilities and obligations under these Terms of Service;
9.8. You shall not be obliged to fulfil Your warranty in clause 9.2 unless clause 9.3 is satisfied. 9.9. Prior to listing any Goods on The Fishing Exchange’s Service, You acknowledge and agree that the Buyer will have a right to a refund if the Goods:
(a) do not arrive at the Buyer’s specified address;
(b) are delivered to the Buyer damaged; or.
(c) does not match the specifications and description of the Goods listed by You on The Fishing Exchange’s Service.

10. INDEMNITY AND LIMITATION OF LIABILITY.

10.1. You indemnify The Fishing Exchange and agree to keep The Fishing Exchange indemnified from all liabilities, losses, damages, costs and expenses (including all legal and settlement costs determined on a full indemnity basis) arising out of or in connection with:
(a) Your breach of these Terms of Service;
(b) Your breach of any consumer guarantees under the Australian Consumer Law;
(c) the Goods;
(d) Your failure to provide any Buyer a refund for Goods that The Fishing Exchange determine are defective; and. (e) Your failure to deliver the Goods to the Buyer.
10.2. The Fishing Exchange its agents, sub-agents, officers, directors, related entities, employees and representatives will not be liable for any direct, indirect, incidental, consequential, loss (including loss of profits, loss of data and loss of business opportunity), damage, injury, death or any act, omission or default by You or any other persons or claims made against You arising out of or in relation to these Terms of Service or the supply of the Goods by You, whether or not such loss or damage was foreseeable or foreseen by either party.
10.3. The Fishing Exchange is discharged from all liability in respect of the Goods, whether under the law of contract, tort, statute or otherwise and You will not be entitled to commence any action or claim whatsoever against The Fishing Exchange, its agents, sub-agents, officers, directors, related entities, employees and representatives of The Fishing Exchange in respect of the Goods.
10.4. You acknowledge and agree that the Australian Consumer Law may give the Buyer certain guarantees. Where liability for breach of any such guarantee arises, you acknowledge and agree that you will be solely liable and You will not commence any action or claim whatsoever against The Fishing Exchange, its agents, sub-agents, officers, directors, related entities, employees and representatives of The Fishing Exchange in respect of Your breach of the Australian Consumer Law.
10.5. The obligations under this clause will survive the termination of these Terms of Service and any amendments hereafter.

11. COMPLAINTS.

11.1. If You have a complaint about The Fishing Exchange’s Service, please notify The Fishing Exchange via the dispute button located on The Fishing Exchange’s Website, outlining Your complaint and requested action.
11.2. The Fishing Exchange will endeavour to respond to all complaints in a timely manner.
11.3. Any complaint will be resolved in The Fishing Exchange’s sole discretion.

12. DISPUTE RESOLUTION.

12.1. In the event of a dispute arising between You and The Fishing Exchange (“the parties”) in connection with The Fishing Exchange’s Service, the parties agree to use their best endeavours to try and resolve the dispute amicably through negotiations, discussion and other communication in good faith. Each party can (upon giving at least seven (7) days written notice to the other) bring to any meeting an independent third party professional with appropriate qualifications to discuss the issue in question and seek to achieve a resolution.
12.2. If the dispute cannot be resolved by agreement within 30 days of the dispute arising by either party providing written notice to the other or within such longer period as the parties agree, then any party can, by written notice to the other sent any time, set out the details of the dispute and nominate a resolution and serve such notice on the other parties.
12.3. If the dispute has not been resolved within five (5) Business Days of the written notice referred to in clause 12.2, the parties will appoint, by agreement, a mediator to assist in the resolution of the dispute and in the absence of an agreement a mediator will be appointed by the president of the Law Society of NSW.
12.4. The parties agree to co-operate with the mediator in all procedural steps necessary to constitute the mediation and to participate in a bonafide discussions with the assistance of the mediator in seeking to agree on a resolution of the dispute.
12.5. If the parties cannot agree on a mediator, the legal representative of The Fishing Exchange will appoint a mediator and clause 12.4 will continue to apply.

13. STRIPE.

Payment processing services on The Fishing Exchange are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, “the Stripe Services Agreement”). By agreeing to these Terms of Service or continuing to hold an account on The Fishing Exchange, You agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition of the platform enabling payment processing services through Stripe, You agree to provide The Fishing Exchange accurate and complete information about You and Your business, and You authorise The Fishing Exchange to share it and transaction information related to Your use of the payment processing services provided by Stripe.

**14. SERVICE FEES AND SELLER REMITTANCE **.

14.1. We may charge You some fees (and applicable Taxes) for the right to use the Service. We reserve the right to change the service fees at any time.
14.2. The Seller Fees will be automatically deducted from the purchase price of the Goods prior to the funds being remitted to You.
14.3. By using The Fishing Exchange’s Website, you acknowledge and agree that The Fishing Exchange will be irrevocably authorised to deduct the Seller Fees from the purchase price of the Goods.

14.4. Once You confirm any order, any monies payable to You less any applicable fees including but not limited to the Seller Fees, will be held by The Fishing Exchange’s payment gateway and will be remitted to you once the Goods have been delivered to the Buyer or on the 14th day post the order being made, whichever occurs first.

15. USER ACCOUNTS.

Account creation.
15.1. When You create an account with The Fishing Exchange, You must provide The Fishing Exchange with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms of Service, which may result in immediate termination of Your account on The Fishing Exchange’s Service.
15.2. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

Account information.
15.3. You may be asked to supply certain information relevant to Your account including, without limitation, Your name, Your email, Your phone number, and Your address.
15.4. You may have to provide documents to comply with identity verification.
15.5. Before or during posting Goods, You may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Account review.
15.6. Unless part of a feature of the Service, The Fishing Exchange does not perform background checks or endorse any users. The Fishing Exchange does not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

Account password.
15.7. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with The Fishing Exchange’s Service or a Third-Party Social Media Service.
15.8. You agree not to disclose Your password to any third party. You must notify The Fishing Exchange immediately upon becoming aware of any breach of security or unauthorised use of Your account.

Account termination.
15.9. The Fishing Exchange may terminate or suspend Your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately.

15.10. If You wish to terminate Your account, You may simply discontinue using the Service or delete Your Account from the Service, or contact The Fishing Exchange for help.

16. CONTENT.

Your right to post Content. 16.1. The Fishing Exchange’s Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. 16.2. By posting Content to the Service, You grant The Fishing Exchange the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for The Fishing Exchange to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms of Service. 16.3. You represent and warrant that:
(a) the Content is Yours (You own it);
(b) You have the right to use it and grant The Fishing Exchange the rights and license as provided in these Terms of Service; and. (c) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity.

Content restrictions. 16.4. The Fishing Exchange is not responsible for the Content of the Service’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under Your account, whether done so by You or any third person using Your account. 16.5. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
(a) unlawful or promoting unlawful activity;
(b) defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
(c) spam, machine, or randomly–generated, constituting unauthorised or unsolicited advertising, chain letters, any other form of unauthorised solicitation, or any form of lottery or gambling;
(d) containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person;
(e) infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights;
(f) Impersonating any person or entity including The Fishing Exchange and its employees or representatives;
(g) violating the privacy of any third person; and. (h) false information and features. 16.6. The Fishing Exchange reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms of Service, refuse or remove this Content. The Fishing Exchange further reserves the right to make formatting and edits and change the manner of any Content. The Fishing Exchange can also limit or revoke the use of the Service if You post such objectionable Content. As The Fishing Exchange cannot control all Content posted by users and/or third parties on the Service, You agree to use the Service at Your own risk. You understand that by using the Service, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will The Fishing Exchange be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of Your use of any Content.

Content backups. 16.7. Although regular backups of Content are performed, The Fishing Exchange does not guarantee there will be no loss or corruption of data. 16.8. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. 16.9. The Fishing Exchange will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. 16.10. You acknowledge that The Fishing Exchange has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. 16.11. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

17. LINKS TO OTHER WEBSITES. 17.1. The Fishing Exchange’s Service may contain links to third-party websites or services that are not owned or controlled by The Fishing Exchange. 17.2. The Fishing Exchange has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that The Fishing Exchange shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. 17.3. The Fishing Exchange is not responsible for the collection, storage or usage of Your personal information on any third-party websites. 17.4. The Fishing Exchange strongly advises You to read the terms of service and privacy policies of any third-party websites or services that You visit.

18. PRIVACY AND INFORMATION COLLECTION. 18.1. Use of information You have provided to The Fishing Exchange or that which The Fishing Exchange have collected and retained relating to Your use of the Service is governed by The Fishing Exchange Privacy Policy, in accordance with all applicable laws and regulations. 18.2. By using this Service, You are agreeing to The Fishing Exchange Privacy Policy. 18.3. To view The Fishing Exchange Privacy Policy and read more about why The Fishing Exchange collects personal information from You and how The Fishing Exchange uses that information, please click here [client to link Privacy Policy].

19. INTELLECTUAL PROPERTY. 19.1. Content and information provided on and through the Service, including, without limitation, any of The Fishing Exchange logos, trade marks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Website, are the copyrighted and/or trade marked work of The Fishing Exchange and/or The Fishing Exchange affiliates and/or licensors. 19.2. Use of the Service does not grant any rights and/or any license whatsoever to intellectual property of The Fishing Exchange and/or that of third parties. 19.3. Without limiting the foregoing, You agree not to:
(a) make any use of The Fishing Exchange intellectual property, except as explicitly authorised under these Terms of Service;
(b) provide any of The Fishing Exchange intellectual property or copies thereof to any third party; or. (c) take any action, or allow any third party to take any action in contravention of any intellectual property belonging to The Fishing Exchange;
19.4. The Fishing Exchange is, and shall remain at all times, the sole and exclusive owner of any and all rights, interests and title in the Service, its code, and any underlying intellectual property and know-how associated with any part of the Service. 19.5. Nothing in these Terms of Service shall prohibit The Fishing Exchange in any manner from using, developing, marketing, licensing, or otherwise disposing of the Service, or concepts, software or code embodied therein anywhere in the world; nor shall anything herein be construed to grant to You any rights in or to any present or future products of The Fishing Exchange, whether or not similar to the Service. 19.6. The Fishing Exchange owns all intellectual property contained on the Website excluding Content provided by You or other users. 19.7. If You wish to use The Fishing Exchange intellectual property, You should submit Your request to The Fishing Exchange at the following email address: support@thefishingexchange.com.au. 19.8. Use of the intellectual property is strictly prohibited except with The Fishing Exchange express written consent. 19.9. The Fishing Exchange respects the intellectual property and copyrights of others (“IP and Copyright Rights”). You may be held accountable for damages (including costs and legal fees) for infringing any third party’s IP and Copyright Rights. It is The Fishing Exchange policy to respond to any claim that Content posted on the Service infringes an individual’s IP or Copyright Rights. 19.10. If You believe Your IP or Copyright Rights have been infringed through the Website (“Infringed Work”), You must submit Your notice in writing to The Fishing Exchange attention via support@thefishingexchnage.com.au and include in Your notice the following information related to the alleged infringement:
(a) an electronic or physical signature of the person authorised to act on behalf of the owner of the Infringed Work;
(b) a description of the Infringed Work that You claim has been infringed, including the URL (i.e. Web page address) of the location where the Infringed Work exists or a copy of the Infringed Work;
(c) identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
(d) Your address, telephone number, and email address;
(e) a statement by You that You believe in good faith that the Infringed Work is not authorised by the owner of the Infringed Work, its agent, or the law; and. (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the Infringed Work’s owner or authorised to act on behalf of the owner of the Infringed Work. 19.11. Upon receipt of a notification, The Fishing Exchange will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.

20. CONFIDENTIALITY. 20.1. All personal information You provide to The Fishing Exchange will be dealt with in a confidential manner in accordance with The Fishing Exchange Privacy Policy. The Fishing Exchange will use its best endeavours to keep such personal information securely protected. 20.2. The Fishing Exchange agrees not to disclose, disseminate or use Your personal information in any way other than stated in The Fishing Exchange Privacy Policy. 20.3. Due to circumstances outside of The Fishing Exchange control, The Fishing Exchange cannot guarantee that all aspects of Your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

21. ENTIRE AGREEMENT.

To the extent permitted by law in relation to the subject matter of these Terms of Service, these Terms of Service and any order made pursuant to these Terms of Service embodies the entire understanding of the parties and constitutes the entire terms agreed on between the parties and supersedes any prior written or other agreement, representation, negotiation, arrangement, understanding and all other communications between the parties.

22. SEVERABILITY. 22.1. If a provision of these Terms of Service is or becomes invalid or unenforceable in a jurisdiction, it is to be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions. 22.2. Any prohibited, unlawful, void or unenforceable provision will be replaced by an allowable, lawful, effective and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve. All obligations of the parties will survive expiration or termination of these Terms of Service to the extent required for their full observance and performance.

23. WAIVER.

Failure to exercise or enforce or a delay in exercising or partially enforcing or exercising any right, power or remedy provided under the law or these Terms of Service by any party will not in any way preclude or operate as a waiver of any exercise or enforcement or further exercise or enforcement of that or any other right, power or remedy provided by law or under these Terms of Service.

24. GOVERNING LAW.

24.1. These Terms of Service are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this Website are to be resolved by the courts having jurisdiction in New South Wales, Australia. 24.2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum. 24.3. The Fishing Exchange retains the right to bring proceedings against You for breach of these Terms of Service, in Your country of residence or any other appropriate country or jurisdiction.

25. YOUR FEEDBACK TO US.

You assign all rights, title, and interest in any Feedback You provide The Fishing Exchange. If for any reason such assignment is ineffective, You agree to grant The Fishing Exchange a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

26. CONTACT US.

If You have any questions about these Terms of Service, You can contact The Fishing Exchange:
(a) by email: support@thefishingexchange.com.au; or. (b) by visiting this page on The Fishing Exchange Website: www.thefishingexchnange.com.au.

27. DEFINITIONS.

27.1. ‘Agreement’ means the agreement between The Fishing Exchange and You to enter into the Terms of Service. 27.2. Application’ means the software program provided by The Fishing Exchange downloaded by You on any electronic device, named https://thefishingexchnage.com.au/. 27.3. ‘Australian Consumer Law’ means schedule 2 to the Competition and Consumer Act 2010 (Cth). 27.4. ‘Business Day’ means a week day in which trading banks are open for the transaction of banking business in Sydney, Australia. 27.5. ‘Buyer’ means the users of the Website who are placing orders for Goods. 27.6. ‘Content’ means the content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content. 27.7. ‘Feedback’ means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of The Fishing Exchange Website. 27.8. ‘Goods’ means the items or services offered for sale, rental, auction, contact, or any other means of trading on the Website by You. 27.9. ‘GST Rate’ means the rate at which GST law from time to time imposes or levies GST on the Taxable Supply or relevant supply. 27.10. ‘Marketplace’ means the online platform that The Fishing Exchange offers via the Application or Website for Sellers to sell Goods and Buyers to buy Goods. 27.11. ‘Privacy Policy’ means The Fishing Exchange privacy policy located on the Website. 27.12.‘Seller Fees’ means the fee of 10% deducted from the total purchase price of the Goods and payable to The Fishing Exchange. 27.13. ‘Service’ means the Application or the Website or both. 27.14. ‘Tax’ means all forms of taxation, duties, imposts, fees, levies, withholding or deduction including income tax, fringe benefits tax, goods and services tax, withholding tax, capital gains tax, stamp duty or any other similar connection with any tax. 27.15. ‘Taxable Supply’ means any supply of Goods or services which is or becomes subject to GST. 27.16. ‘Terms of Service’ means these Terms of Service, as amended from time to time. 27.17. ‘Third-party Social Media Service’ means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Website. 27.18. ‘Website’ means The Fishing Exchange Digital Pty Ltd, accessible from https://thefishingexchnage.com.au/. 27.19.‘You/Your’ means you as the Seller of Goods pursuant to these Terms of Service.