Terms of Service

Terms of Service

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

1 - Interpretation and Definitions

1.1 - Interpretation The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

1.2 - Definitions For the purposes of these Terms of Service:
(a) Account means a unique account created for You to access Our Service or parts of Our Service.
(b) Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
(c) Application means the software program provided by the Company or Operator downloaded by You on any electronic device, named https://thefishingexchange.com.au/.
(d) Buyer refers to Users of the Service who are placing Orders for Goods.
(e) Claim means any action, claim, demand or proceeding (whether arising in contract, tort, under statute, indemnity or otherwise) however it arises and whether it is present or future, fixed or unascertained, actual or contingent and in anyway relating to these Terms of Service; and where and to the extent the context permits, includes all of the associated Loss.
(f) Country refers to Australia.
(g) Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to The Fishing Exchange, https://thefishingexchange.com.au/ (h) Content refers to 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.
(i) Device means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
(j) Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of Our Service.
(k) Good refers to the items or services offered for sale, rental, auction, contact, or any other means of trading on the Service.
(l) GST rate means the rate at which GST law from time to time imposes or levies GST on the Taxable Supply or relevant supply.
(m) Loss means all losses, costs, charges, damages and expenses arising out of or in connection with a fact, matter or circumstance, including all legal and other professional expenses incurred in connection with investigating, disputing, defending or settling any Claim, or proceeding relating to that fact, matter or circumstance and includes taxes.
(n) Operator (referred to as either "the Operator", "We", "Us" or "Our" in this Agreement) refers to https://thefishingexchange.com.au/.
(o) Order means a request by You to purchase or trade by any means Goods on the Application or Website.
(p) Privacy Policy means the Company’s privacy policy.
(q) Seller refers to Users of the Service who are listing Goods and making them available for trade by any means.
(r) Service refers to the Application or the Website or both.
(s) 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.
(t) Taxable Supply means any supply of Goods or services which is or becomes subject to GST.
(u) Terms of Service (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company or Operator regarding the Use of the Service.
(v) 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 Service.
(w) Website refers to The Fishing Exchange, accessible from https://thefishingexchange.com.au/.
(x) You or Your means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2 - Acknowledgment.

The Fishing Exchange (“thefishingexchange” or “The Company”, “Operator”, “We”, “Us” or “Our”) operates a business of providing an online platform where consumers may sell or purchase second hand goods. By accepting these terms of service, The Fishing Exchange and You enter into an Agreement for the provision of Goods on the terms of service set out below (“Terms of Service”).
These are the Terms of Service governing the use of this Service and the Agreement that operates between You and the Company or Operator. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service then You may not access the Service.

You represent that You are over the age of majority according to the laws of Your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company or Operator. Our Privacy Policy describes Our 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 Our Privacy Policy carefully before using Our Service.

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 Fishing Exchange ’s Website You read these Terms of Service.

If You are uncertain as to Your rights under these Terms and Conditions or You want an explanation about them please contact Us via email at support@thefishingexchange.com.au.

3 – Seller’s Goods.

All product descriptions and content on The Fishing Exchanges’ Website or otherwise issued by the Sellers are intended merely to present a general idea of the Seller’s Goods. If You require any further details, please contact the Seller directly using the messaging service on the Website, providing details of the additional information needed.   You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and the Seller may not be able to fulfil all or part of Your order. The Fishing Exchange will arrange for a full or partial refund if the Goods are out of stock or unavailable The Fishing Exchange will use reasonable endeavours to process the refund within thirty (30) Business Days. Your receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. The Fishing Exchange is not liable with respect to any loss You or any third party might suffer as a result of any delay in processing Your refund.

The Seller reserves the right to withdraw or suspend any Goods displayed on the Website from sale either temporarily or permanently at any time without notice to You. The Fishing Exchange will not be liable to You for any loss You or any third party suffers as a result of a withdrawal or suspension of availability with respect to a particular Good.

Where Your order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise the Seller will at Your option either replace the Goods or accept their return and refund any money paid for the Goods. The Seller will bear any necessary costs incurred in replacing or repairing Goods that are faulty or not as described.

You acknowledge and agree that:
(a) all pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life;
(b) You have read any corresponding written description of the Goods prior to submitting Your Order;
(c) where the Seller provides sizing or other measurements in the descriptions of the Goods (where applicable), it is Your responsibility to ensure that the actual size of each item is suitable for Your purpose prior to submitting Your order; and.
(d) any accessory featured with the Goods is for illustration purposes only.

4 – Price and Payment

The price and availability of the Goods are identified on the relevant page of the Website detailing the Goods.

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 which may be payable in relation to Your order. You are liable to pay all such Tax.

The price of all Goods is exclusive of all delivery costs.

Delivery costs, where applicable, are itemised separately from the price for the Goods.

The Seller reserves the right to change or alter prices of Goods or delivery costs and charges on the Website without notice to You, unless You have already submitted an Order at a stipulated price, in which case if Goods ordered are unavailable or the Seller needs to vary the price to take account of any substantial increase in the Seller’s suppliers' prices, changes in taxes and duties, site errors or errors or omission in the price displayed on The Fishing Exchange’s Website or in any confirmatory correspondence, the Seller shall notify You by email and allow You an opportunity to cancel Your order without penalty.

In respect of any order, the Seller will charge You and You agree to pay:
(a) the price for the Goods (which is the price at the time the order is submitted in Australian Dollars); and.
(b) the delivery fee.

In paying or attempting to pay for the Goods, You agree that You have not engaged in any fraudulent conduct or contravened any law.

5 – Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

All Orders placed by You for the provision of Goods must be submitted through the Website.

An Order will only be deemed to be placed by You if the order is processed and paid in full.

You acknowledge that quantity restrictions may apply as set out on the Website from time to time.

5.1 - Position of the Service in Orders Our role is one of a facilitator between You and the Sellers, using the Service. We are, therefore, a third party in Orders, which limits Our liabilities in any disputes between You and the Sellers.
We are not a party to any agreement You have with the Sellers. Any agreement You enter with the Sellers does not form a part of any agreement We have with You.

5.2 - Your Information as Buyer If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email. Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that:
(a) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and.
(b) the information You supply to Us is true, correct, and complete.

By submitting such information, You grant Us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

5.3 - Availability, Errors, and Inaccuracies.

We and the Sellers are constantly updating Our offerings of Goods on the Service. The Goods available on the Service may be mispriced, described inaccurately, or unavailable, and the Sellers and We may experience delays in updating information regarding the Goods on the Service and in Our advertising on other Websites.

We and the Sellers cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

5.4 - Prices Policy The Company or Operator and the Seller reserve the right to revise their prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company or Operator subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, and any other matter beyond the control of the Company or Operator or the Seller. In that event, You will have the right to cancel Your Order.

5.5 - Payments Payment can be made through various payment methods We have available. We rely on payment gateways that have their own terms of service and their own limitations.

Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by Your card issuer. If We do not receive the required authorisation, We will not be liable for any delay or non-delivery of Your Order.

5.6 - 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.

5.7 - Service Fees & Seller Remittance.

We do charge You some fees (and applicable Taxes) for the right to use the Service. More information about when service fees apply and how they are calculated is displayed during Your Order. We reserve the right to change the service fees at any time. (TO BE CONFIRMED).

Seller Fee (10% off the total transaction)

Buyer Fee (5% Buyer Protection, Stripe and bank fees)

Once the Seller confirms the Order, any monies payable to the Seller will be held by Our payment gateway until the Goods have been delivered.

Payments less applicable fees will be remitted to the Seller once the Goods are delivered and accepted on the The Fishing Exchange Website or on the 14th day post the order being made whichever comes first.

5.8 - Order Modification. You and the Sellers are responsible for any Order modifications You agree to make via the Service and agree to pay any additional amounts, fees, or taxes associated with any Order modification.

5.9 - Order Cancellation

Our Order Cancellation Rights

The Fishing Exchange endeavours to acknowledge all Orders submitted to The Fishing Exchangeby way of email and through Your The Fishing Exchange account.

No order submitted by You is accepted by the Seller until the Seller confirms its acceptance in writing or by dispatching the Goods ordered by You.

The Fishing Exchange and the Seller reserves the right to accept or reject Your order for any reason at any time without limitation.

The Fishing Exchange and the Seller may in its absolute discretion refuse to provide the Goods in the event that:
(a) the Goods are unavailable for any reason whatsoever; and
(b) payment for Goods previously provided to You or any of Your related parties or to any other party who is, in The Fishing Exchange’s reasonable opinion, associated with You under the same or another agreement, has not been received by The Fishing Exchange.

In the event that The Fishing Exchangeor the Seller rejects an order, The Fishing Exchange or the Seller will notify You of that rejection and the reason for 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.

Where The Fishing Exchange or the Seller rejects an Order and Your payment for the Goods has already been processed, the Seller will refund any money paid to the Seller in respect of that Order and make reasonable endeavours to process the refund within thirty (30) Business Days. Your receipt of Your refund will depend on the period of time it takes Your financial institution to finalise the refund. 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 Your refund.

5.10 Shipping.

The Seller is responsible for the shipment of the Item to the Buyer.

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 the Seller must satisfy themselves 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, the Seller agrees to reimburse The Fishing Exchange fully in respect of the same within 14 days of Our demand.

Packaging, shipping and delivery of any products purchased on the Website are conducted by individual sellers on the Website. The Fishing Exchange has partnered with Australia Post to assist sellers on the Website with the shipping of products purchased on the Website. The Fishing Exchange will not be liable to any Buyer for any shipping and delivery issues that occur between the Buyer and the Seller on the Website.

All sales on the Website are final. With that said, The Fishing Exchange takes an active role in the sale and purchase process to ensure both the Buyer and Seller have a great experience. A Buyer may open a case with The Fishing Exchange if they don't receive their purchased item or if the item received is falsely portrayed and/or inaccurate in the product listing and The Fishing Exchange shall assist the parties in resolving the dispute.

5.11 - Order Dispute.

If a Buyer or a Seller disputes an Order, the Company or Operator should be notified. The Buyer or Seller can notify the Company or Operator by clicking on the dispute button located on Our Website and providing The Fishing Exchange with details regarding the dispute. The dispute will be resolved at Our sole discretion.

6 – Returns

The Fishing Exchange will facilitate and assist with returns for defective Goods, provided that You follow these steps:
(a) If You wish to return Goods that are defective, You notify The Fishing Exchange via the dispute button located on Our 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 You.
(b) The details that you must provide to The Fishing Exchangeinclude:
(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 Exchange has reviewed the details provided by you, in its sole discretion, The Fishing Exchange will determine whether the Goods are defective and either refund You for the purchase price of the Goods or advise You that the Goods are not defective and no refund will be issued to You.

7 – Delivery

The applicable delivery charges for the Goods, will be calculated depending upon the delivery address and postcode and confirmed to You in The Fishing Exchange’s acceptance of Your Order before dispatch and processing of Your Order.

Unless otherwise agreed in writing by You and the Seller, the delivery of the Goods will take place at the address You have specified in Your Order.

If the Goods are to be delivered to an address other than the registered cardholder's address, proof of address may be required.

When placing Your Order, You must provide The Fishing Exchange with all necessary information to enable the Seller to deliver the Goods to You.

Once the Seller has shipped the Goods to the address provided by the Buyer, the Seller will be required to advise Buyer via their The Fishing Exchange account that the Goods have been shipped and a tracking code must be added.

You acknowledge and agree that notwithstanding anything else stated on the Website:

(a) except where required by applicable law, The Fishing Exchange is not liable with respect to any loss, damage, cost, expense or injury You or any third party suffers as a result of a delay in delivery; and.
(b) delivery fees are non-refundable.

Provided that the Seller delivers the Goods to the address You have specified in Your Order (or any other address agreed by the Seller in writing) then the Goods will be deemed to have been delivered and The Fishing Exchange will not be liable to You for the non-delivery of the Goods. The Seller does not have to satisfy themselves that the person who accepts delivery at the given address is You (or authorised by You to accept delivery of the Goods). If the details provided to The Fishing Exchange or the Seller are incorrect and delivery is required to be changed when in transit, then You will be responsible for any redelivery or redirection costs.

Goods are delivered by a third party contracted to undertake delivery on the Seller’s behalf to You and are delivered only to Your doorstep.   Upon delivery, You are responsible for inspecting the Goods and checking that the Goods delivered match Your order. If there is obvious damage to the Goods, You must contact The Fishing Exchange via the dispute button immediately or within forty-eight (48) hours from when the Goods are receipted by You. If the Goods are found to be defective as a result of the delivery service or a manufacturing defect the defective Goods will be replaced.

8 – Risk and Title

The Goods shall be at Your risk once the Goods have been delivered at the address for delivery as specified by You in Your order, and if You wrongfully fail to take delivery of the Goods, then risk of the Goods shall pass to You at the time when the Seller tendered delivery of the Goods.

Title to the Goods shall pass to You only after the Seller has received in full (in cash or cleared funds) all sums due to the Seller 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 You.

If the Goods come into Your possession prior to the Seller receiving payment for the Goods, then title to the Goods shall remain with the Seller.

Until ownership of the Goods are passed to You, You must:
(a) hold the Goods as the Seller’s bailee;
(b) store and hold the Goods (at no cost to The Fishing Exchange or the Seller) separately from all of Your other property or those of any third party in such a way that the Goods remain readily identifiable as the Seller’s 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 - GST

This clause applies if GST is imposed on any Goods supplied to You under these Terms of Service.

Unless expressly stated otherwise, all consideration to be provided under these Terms of Service is expressed as exclusive of GST. You must pay GST on the Taxable Supply to the Seller of an amount equal to the GST exclusive consideration multiplied by the GST Rate.

GST will be payable by You without any deduction or set off for any other amount at the same time as the GST exclusive consideration is payable. In all other respects, GST will be payable by You to the Seller upon the same basis as the GST exclusive consideration is payable by You under these Terms of Service.

The Seller will issue an invoice or invoices to You for the amount of GST referrable to the Taxable Supply. The Seller will include in any such invoice such particulars as are required in order that You may obtain an input tax credit for the amount of GST payable on the Taxable Supply.

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 You will be determined by the Seller and will be the same amount of GST that would be payable if the Taxable Supply were the only supply made to You.

If You default on any payment on the due date of any amount payable under these Terms of Service, then without prejudice to any other remedies, You will pay the Seller upon demand an amount equal to the amount of any damages or interest or additional GST that may become payable by the Seller arising out of Your default.

10 – Your Obligations and Warranties

You warrant that:
(a) any and all information You have given, or will give, to The Fishing Exchange 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.

You acknowledge and agree that:
(a) The Fishing Exchange’s performance under these Terms of Service is dependent on You carrying out Your obligations as set out in this clause;
(b) 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; and. (c) to the full extent permitted by law, all warranties, conditions, representations and liabilities are excluded, including any implied by statute.

11 - User Accounts

11.1 - Account Creation When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of Your account on Our Service.

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.

11.2 - Account Information 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.

You may have to provide documents to comply with identity verification.

Before or during posting Goods, You may be asked to supply, without limitation, Your bank account details, and Your identity documents.

Before or during placing an Order, You may be asked to supply, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

11.3 - Account Review Unless part of a feature of the Service, We do not perform background checks or endorse any users. We do not accept any responsibility for the reliability, accuracy, and completeness of any information provided by users.

11.4 - Account Password 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 Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

11.5 - Account Termination We 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.

If You wish to terminate Your Account, You may simply discontinue using the Service or delete Your Account from the Service, or contact Us for help.

12 – Content

12.1 - Your Right to Post Content.

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us 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 Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that:
(a) the Content is Yours (You own it);
(b) You have the right to use it and grant Us 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, copyrights, contract rights or any other rights of any person.

12.2 - Content Restrictions The Company or Operator 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.

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 unauthorized 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 Company or Operator and its employees or representatives;
(g) Violating the privacy of any third person; and
(h) False information and features.

The Company or Operator 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 Company or Operator further reserves the right to make formatting and edits and change the manner of any Content. The Company or Operator can also limit or revoke the use of the Service if You post such objectionable Content. As the Company or Operator 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 Company or Operator 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.

12.3 - Content Backups.

Although regular backups of Content are performed, the Company or Operator does not guarantee there will be no loss or corruption of data.

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.

The Company or Operator will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content.

You acknowledge that the Company or Operator has no liability related to the integrity of Content or the failure to successfully restore Content to a Usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

12.4 - Intellectual Property of Others and Copyright Infringement We respect the intellectual property and copyrights of others (“IP and Copyright Rights”). You may be held accountable for damages (including costs and attorneys' fees) for infringing any third party’s IP and Copyright Rights. It is Our policy to respond to any claim that Content posted on the Service infringes an individual’s IP or Copyright Rights.   If You believe Your IP or Copyright Rights have been infringed through the Service (“Infringed Work”), You must submit Your notice in writing to Our attention via support@thefishingexchange.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.

Upon receipt of a notification, the Company or Operator will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

13 - Disclaimer of Warranties and Limitation of Liability

13.1 - Limitation of Liability. Notwithstanding any damages that You might incur, the entire liability of the Company or Operator and any of its suppliers under any provision of these Terms of Service and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $250.00 AUD (or its equivalent in the Service local currency) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or Operator or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms of Service), even if the Company or Operator or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.   13.2 - "AS IS" and "AS AVAILABLE" Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company or Operator, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, performance, usage or trade practice. Without limitation to the foregoing, the Company or Operator provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor Operator nor any of the Company's providers makes any representation or warranty of any kind, express or implied:
(a) as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
(b) that the Service will be uninterrupted or error-free;
(c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or. (d) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company or Operator are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

13.3 – Indemnity

You indemnify the Company and agree to keep the Company indemnified from any Claim or Loss incurred by the Company arising from or in any way connected to:
(a) Your breach of the terms of these Terms of Service;
(b) Your breach of the warranties given by You in these Terms of Service;
(c) Your failure to comply with any laws, rules, standards, regulations; and. (d) the rights of any third party in the course of using the Website or Application.

13.4 - Links to Other Websites.

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company or Operator.

The Company or Operator 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 Company or Operator 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.

The Company is not responsible for the collection, storage or usage of Your personal information on any third-party websites.

We strongly advise You to read the terms of service and privacy policies of any third-party websites or services that You visit.

13.5 - Translation Interpretation.

These Terms of Service may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

14 - Disputes Resolution about the Service.

(a) In the event of a dispute arising between You and The Fishing Exchange (“the parties”) in connection with the 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.

(b) 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.

(c) If the dispute has not been resolved within five (5) Business Days of the written notice referred to in sub-clause (b), 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.

(d) The parties agree to co-operate with the mediator in all procedural steps necessary to constitute the mediation and to participate in bonafide discussions with the assistance of the mediator in seeking to agree on a resolution of the dispute.

(e) If the parties cannot agree on a mediator, the legal representative of The Fishing Exchange will appoint a mediator and sub-clause (d) will continue to apply.

15 - Intellectual Property of the Service.

The Fishing Exchange owns all intellectual property contained on the Website excluding Content provided by You or other users.

You must not use, replicate, adapt, display, publish or create derivative works from Our intellectual property other than as permitted by law. Specifically, You must not use or replicate Our intellectual property for commercial purposes unless expressly agreed to by Us, in which case We may require You to sign a Deed of Licence of Intellectual Property.

If You wish to use Our intellectual property, You should submit Your request to Us at the following email address: support@thefishingexchange.com.au. Use of the intellectual property is strictly prohibited except with Our express written consent.

16 - Governing Law

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.

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.

If You access the Website from outside Australia, You also accept responsibility for ensuring or confirming compliance with all laws in that jurisdiction that apply to them as a result of that access or any consequent transactions or dealings with Us, the Website or other users.

We retain 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.

16.1 - Severability

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.

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.

16.2 - Waiver Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms of Service shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

17 - Your feedback to Us

You assign all rights, title, and interest in any Feedback You provide the Company or Operator. If for any reason such assignment is ineffective, You agree to grant the Company or Operator 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.

18 - Changes to these Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We 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 Our sole discretion.

By continuing to access or use Our Service 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 Application or Website and the Service.

19 - Contact Us

If You have any questions about these Terms of Service, You can contact Us: (a) By email: support@thefishingexchange.com.au Please read these terms of service carefully before using Our Service.