Terms of Use

Click2Fish Website Terms of Use

between

Click2Fish (an Australian company)

and

the user of this website ("You" or "Your")

 

 

Welcome to Click2Fish. This Website is provided solely to assist customers in gathering fishing information, posting opinions of fishing related issues, engaging in interactive fishing forums and for no other purposes. The Click2Fish Website Terms of Use set out below (Agreement) govern Your use of the Click2Fish Website located at www.click2fish.com (Click2Fish) and form a binding agreement between Click2Fish and You in relation to Your use of Click2Fish.

Please read all of the Agreement carefully before using Click2Fish. If You have any questions, please contact Click2Fish prior to agreeing. By using Click2Fish, You acknowledge and agree that You have had an opportunity to read and understand the Agreement and agree to be bound by it.

1. Using Click2Fish – General Requirements

1.1 Click2Fish will make Click2fish.com available to You on the terms and conditions of this Agreement.

1.2 You may use Click2Fish in accordance with this Agreement, including the licence granted in clause 3.

1.3 Click2Fish takes the accuracy of its Database very seriously. If You see any material on Click2Fish which:

(a) infringes any law, regulation, standard or relevant industry code;

(b) breaches the requirements of this Agreement; or

(c) is incorrect,

please let us know as soon as possible by contacting us.

1.4 Click2Fish contains content created by third parties (i.e. not by Click2Fish), other information obtained from public sources and links to other websites (such content and websites together, Third Party Content). Except as otherwise indicated, we do not endorse, sponsor or approve any business listed on Click2Fish, any Third Party Content or the products or services offered by any business listed on Click2Fish.

1.5 Automated access to Click2Fish by or on behalf of internet search engines is permitted.

1.6 Subject to clauses 1.5, You must not:

(a) access Click2Fish other than through the normal Click2Fish web interface;

(b) access Click2Fish through any automated means (including, without limitation, through the use of scripts or webcrawlers);

(c) infringe the intellectual property rights of others;

(d) impersonate or falsely state or misrepresent an affiliation with any person or organisation;

(e) use Click2Fish or any information contained on Click2Fish in connection with any surveys, contests, pyramid schemes, chain letters, junk email, spamming or any similar activity;

(f) violate (or cause Click2fish to violate) any applicable law, regulation, standard or relevant industry code;

(g) sell, resell, reproduce, duplicate, trade or exploit for any commercial purpose any portion of, use of, access to or data on Click2Fish which does not form part of Your Business Listing; or

(h) supply any service through Click2Fish, other than through off-line commercial activity generated by the Charter Listing for Your own business (being activity which takes place off the internet or off the Click2Fish website).

1.7 You acknowledge and agree that Click2Fish retains complete editorial control over Click2Fish and that Click2Fish may, in its sole discretion and without notice to You:

(a) reject, remove, delete or amend any material contained on Click2Fish or in the Database at any time, including (without limitation) any material contained in any Charter Listing;

(b) reject, refuse, remove, delete or amend any Content at any time;

(c) position Content and/or any Charter Listing as it sees fit; and

(d) stipulate other conditions to ensure that the commercial nature of Content is clear.

1.8 Click2Fish reserves the right to modify, discontinue or disable Click2Fish or any part of Click2Fish (on a permanent or temporary basis) at any time.

1.9 Click2Fish may terminate this Agreement, remove Your Charter Listing and/or refuse You access to Click2Fish if You have breached, or we consider that You will breach, this Agreement or for any other reason that Click2Fish, in its sole discretion, sees fit.

 

2. Charter Listings

2.1 You may use Click2Fish to add, amend and/or update a Charter Listing, solely on the terms and conditions of this Agreement.

2.2 All Content must:

(a) be complete and accurate;

(b) be supplied in the manner and format specified on Click2Fish;

(c) not be of a nature likely to bring Click2Fish into disrepute; and

(d) comply with all laws, regulations, standards and relevant industry codes.

2.3 You must not:

(a) use Click2Fish to add or amend a Charter Listing where You do not have the express authorisation of that business to do so;

(b) upload, post, transmit, publish or otherwise make available any Accessible Content that You do not have a right to make available under any law, regulation, rule or code or under contractual or other legal relationships;

(c) upload, post, transmit, publish or otherwise make available any false, misleading, inappropriate, profane, defamatory, abusive, threatening, obscene, indecent or unlawful Accessible Content;

(d) infringe the intellectual property rights of others; or

(e) breach a law including, without limitation, any law that restricts advertising of a profession.

2.4 If any of the information in the Charter Listing for Your business changes, becomes out of date, or no longer complies with this Agreement, You must:

(a) immediately amend Your Charter Listing so that it complies with this Agreement; and/or

(b) immediately notify Click2Fish.

2.5 You acknowledge and agree that by posting Content onto Click2Fish You consent to being contacted (on an ongoing basis) via any of the contact details contained in that Content, including (without limitation) where such contact involves receiving information about products or services which we think may interest You from Click2Fish.

2.6 You must provide Click2Fish with a copy of the authorisation described in clause 2.3(a) on request.

3. Reviews, Comments and Use of Other Interactive Areas

3.1 We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any charter reviews, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Click2Fish and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to:

(a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and

(b) use the name that you submit in connection with such Submission. You acknowledge that Click2Fish may choose to provide attribution of your comments or reviews at our discretion.

3.2 You further grant Click2Fish the right to pursue at law any person or entity that violates your or Click2Fish’s rights in the Submissions by a breach of this Agreement. You acknowledge and agree that Submissions are non-confidential and non-proprietary.

3.3 The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of fishing experiences or other content, messages, materials or other items on the Site. You are solely responsible for your use of such areas and use them at your own risk. By using Click2Fish, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

(a) Any message, data, information, text, music, sound, photos, graphics, code or any other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b) Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

(c) Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(d) Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Click2Fish;

(e) Unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;

(f) Private information of any third party, including, without limitation, surname (family name) addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

(g) Viruses, corrupted data or other harmful, disruptive or destructive files;

(h) Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or

(i) Content or links to content that, in the sole judgment of Clcik2Fish, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or (d) which may expose Click2Fish or its affiliates or its users to any harm or liability of any type.

3.4 Click2Fish takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Click2Fish liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Click2Fish is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other interactive area. Although Click2Fish has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, Click2Fish reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.

4. Links to Third-Party Sites

4.1 This Website may contain hyperlinks to websites operated by parties other than Click2Fish. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

5. Intellectual Property Rights

5.1 Click2Fish and the Database are owned and operated by Click2Fish. You acknowledge and agree that all intellectual property rights comprised in or relating to Click2Fish and the Database belong to Click2Fish, and that nothing in this Agreement constitutes a transfer of any intellectual property rights.

5.2 You may download and view content and/or print a copy of material on Click2Fish for Your own use only, provided You do not:

(a) modify the content (including, without limitation, any copyright notice) in any way;

(b) make the content public; or

(c) use the content in a manner or for a purpose prohibited by this Agreement.

5.3 You must not do anything which breaches or otherwise interferes with Click2Fish's intellectual property rights. Except as expressly permitted by this Agreement or by law, You may not reproduce any content appearing on Click2Fish without our written permission and, if required, payment of a specified fee.

5.4 We may publish and communicate to the public any Content. By posting Content onto Click2Fish, You grant us a perpetual, royalty-free, non-exclusive, irrevocable, worldwide and transferable licence to:

(a) reproduce, modify, add to, use, copy, publish, communicate and adapt the Content for any purpose and in any manner anywhere in the world, including (without limitation) on Click2Fish and as part of the Database; and

(b) permit any other person to do any of the things referred to in paragraph (a).

5.5 You must waive, and must ensure that all other persons waive, absolutely and irrevocably all moral rights in relation to any Content. For the purposes of this clause 3.5, a moral right may be waived by consenting to any act or omission which would otherwise constitute an infringement of that moral right.

5.6 For the avoidance of doubt, You acknowledge and agree that:

(a) the Licence includes a right for us to:

(i) make the Content available to other companies, organisations or individuals with whom we have a relationship for the provision of services and to use such Content in the provision of those services;

(ii) make the Content available to the public via any website or as part of any services or products in any jurisdiction;

(b) we will allow Click2Fish users to search Content You have posted; and

(c) You will do everything necessary (including without limitation, on request, execution of any documents) to give Click2Fish the full benefit of the licences, waivers and consents set out in this clause 3.

5.7 The Licence will survive any termination of this Agreement.

5.8 Your use of some Third Party Content may be subject to a third party's terms and conditions of use. Nothing in this Agreement (or otherwise on Click2Fish) constitutes a licence or right for You to use such content.

6. Privacy

6.1 Any personal information collected by Click2Fish will be dealt with in accordance with the Click2Fish Online Privacy Policy.

6.2 You consent (and must procure that any relevant third party consents) to the use of any personal information collected in relation to You (including, without limitation, any personal information contained in Content) in accordance with the Click2Fish Online Privacy Policy. If You include any personal information about any person in any Content, You must:

(a) provide that person with a copy of the Click2Fish Online Privacy Policy prior to providing us with that personal information; and

(b) where possible, have that person provide us with that personal information directly.

7. Warranties

7.1 You represent and warrant to Click2fish that:

(a) You are fully authorised to publish and to authorise Click2Fish to publish all Content (including, without limitation, having full authorisation from any business whose Charter Listing You add, amend or update);

(b) You are least 18 years of age and have the legal capacity to enter this Agreement;

(c) publication of Accessible Content in accordance with this Agreement will not, at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

(d) You have the ability to grant the Licence;

(e) all Accessible Content will, at all times, comply with all applicable laws, regulations and relevant industry codes;

(f) all products and services advertised in Accessible Content will match the advertised description, and be available in the manner, at the price and for the time period advertised;

(g) the Accessible Content does not, and will not at any time, infringe any intellectual property right, moral right or any right of confidence or other right of any person;

(h) You have obtained the consent of all individuals whose personal information is included in the Content to:

(i) the collection of that personal information by Click2Fish; and

(ii) the use and disclosure of that personal information in accordance with the Click2Fish Online Privacy Policy;

(i) all Accessible Content will be current and accurate, and will not mislead or deceive end users of Click2Fish; and

(j) each website represented by any URL shown or embedded in the Charter Listing for Your business:

(i) is controlled and operated by Your business or its independent contractor;

(ii) will be functional and accessible at all times; and

(iii) is suitable in all respects, including (without limitation) subject matter, to be linked to Click2Fish.

 

8. Liability

8.1 To the full extent permitted by law and subject to clause 6.4, Click2Fish excludes all representations, warranties, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise), except as expressly set out in this Agreement.

8.2 Click2Fish is provided "as is", and You acknowledge and agree that Click2Fish has no control over Third Party Content and that Your use of Click2Fish (including, without limitation, all material obtained from or linked to Click2Fish) is at Your sole risk. Nothing on Click2Fish constitutes the giving of financial or other advice.

8.3 The information, products, and services published on this website may include inaccuracies or errors. Click2Fish does not guarantee the accuracy of, and disclaims all liability for any errors or other inaccuracies relating to the information and description of the fishing charters and guides displayed on this website.

8.4 Click2Fish makes no representations about the suitability of the information, products and services contained on this website for any purpose, and the inclusion or offering of any products or services on this website does not constitute any endorsement or recommendation of such products or services by Click2Fish.

8.5 To the full extent permitted by law, Click2Fish excludes all liability to You for any damages or loss (including without limitation, loss of profits, indirect or consequential loss) however caused (including, without limitation, damage or loss arising in contract, tort (including, without limitation, negligence), statute or otherwise) suffered by You in connection with:

(a) Your use of, or reliance on, Click2Fish (or any information contained on or linked to Click2Fish);

(b) any dealing You have with any business displayed on Click2Fish.

8.6 In no event shall Click2Fish (its Officers, Directors and Affiliates) be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this website (including but not limited to, your reliance upon opinions appearing on the website, any computer viruses, information, software, linked sites, products and services obtained through this website, or otherwise arising out of the access to, display of or use of this website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Click2Fish has been advised of the possibility of such damages.

8.7 Certain legislation may imply warranties or conditions or impose obligations which cannot be excluded, restricted or modified except to a limited extent. This Agreement must be read subject to those statutory provisions. If those statutory provisions apply, notwithstanding any other provision in this Agreement, to the extent to which Click2Fish is entitled to do so, Click2Fish limits its liability in respect of any claim under those provisions to:

(a) the supply of the services again; or

(b) the payment of the cost of having the services supplied again.

8.8 You hereby indemnify and hold harmless Click2Fish and its officers, employees and agents from and against any liability, loss, damage, costs and expense (including, without limitation, legal expenses on a full indemnity basis) and penalties incurred or suffered by any of them arising out of:

(a) Your breach of this Agreement, including (without limitation) a warranty in clause 5;

(b) any act of fraud or wilful misconduct by or on behalf of You; and

(c) the publication or use of, or any act or omission in relation to, the Accessible Content including, without limitation, claims brought by any third party relating to defamation, negligent misstatement, injurious falsehood, contempt of court, rights of publicity and/or privacy, copyright infringement, trade mark infringement, other intellectual property infringement, passing off, misleading or deceptive conduct and any failure to comply with or fulfil any representations, warranties or agreements.

 

9. Copyright and Trademark Notices

9.1 All contents of this Website are: © 2011 Click2Fish Pty Ltd. All rights reserved. Click2Fish is not responsible for content on websites operated by parties other than Click2Fish. Click2Fish, the logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Click2Fish Pty Ltd and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Click2Fish or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Click2Fish and may not be copied, imitated or used, in whole or in part, without the prior written permission of Click2Fish. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Click2Fish.

 

10. General

10.1 We may provide You with notices by email, mail or by posting content on Click2Fish.

10.2 You should carefully read and agree to this Agreement each time You use Click2Fish. Whilst Click2Fish hopes not to have to alter this Agreement, it is possible that changes will be required from time to time. By using Click2Fish (including, without limitation, by posting any Content) You agree that the then current version of this Agreement will apply to that use.

10.3 Click2Fish may assign this Agreement provided that the relevant assignee undertakes to perform all of Click2Fish's obligations herein. Subject to the foregoing, neither party may assign this Agreement in whole or in part.

10.4 The indemnities in this Agreement are:

(a) continuing obligations of the parties, separate and independent from their other obligations and survive termination of this Agreement; and

(b) absolute and unconditional and unaffected by anything that might have the effect or prejudicing, releasing, discharging or affecting in any other way the liability of the party giving the indemnity.

10.5 This Agreement is governed by the laws of New South Wales, Australia, and the parties 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.

10.6 Any rights not expressly granted herein are reserved.

 

 

11. Definitions

In this Agreement:

Click2Fish means Click2Fish.com and Click2Fish Pty Limited (ACN 150 256 232) of 302/31 Margaret Street, Rozelle, New South Wales 2039, Australia.

Content means all content posted by You onto Click2Fish including, without limitation, all text, graphics, icons, photographs and URLs.

Accessible Content means all Content and all similar content on sites to which URLs contained in Your Content are linked.

Charter Listing means a business listing in the Database. A Charter Listing may contain information about the listed business, for example, contact details.

Database means the national database of Charter Listings which is collected by Click2Fish and made accessible to the public via the online business directory on Click2Fish.