POLICY No. 17, SEPTEMBER 2014
APPLICATION OF TERMS
RecFish SA makes no representations as to the availability of the Website and Services. You agree that RecFish SA bears no responsibility for the Website and/or Services being unavailable for any reason, whether technical or otherwise. RecFish SA may cease to operate the Website and/or Services at any time.
By using the Website and Services, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
LINKS TO OTHER WEB SITES
The Website and Services may contain links to or re-posts from other web sites operated by third parties (Third Party Websites). RecFish SA does not make any representations or warranties regarding, endorse, or approve of Third Party Websites, their operators, or the information, graphics and material on those Third Party Web Sites (Third Party Material), and has no control over, or liability and/or responsibility for, Third Party Websites or Third Party Material. You understand, acknowledge and agree that you are solely responsible for accessing Third Party Websites, and that RecFish SA disclaims all liability to you in respect of your access or use of Third Party Websites and Third Party Material and any resultant consequences. RecFish SA therefore recommends that you carefully review the terms and conditions and policies which apply to Third Party Websites.
RecFish SA does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted by third parties on the Services. Any information or material placed on the Services by third parties, including advice and opinions, is the view and responsibility of those third parties and does not necessarily represent the views of RecFish SA.
Where under an obligation to do so, RecFish SA will use its reasonable endeavours to monitor the Services to keep the Services up to date and accurate, but the Website should be regarded as the source of up to date information about matters relating to RecFish SA.
RecFish SA does not undertake to inform users when their comments and posts are moderated, however RecFish SA will warn and take appropriate action to suspend and expel users who regularly and consistently submit Prohibited Content. Repeat offenders may be blocked from using the Services indefinitely.
Please carefully choose your User Content and ensure that it is not Prohibited Content or otherwise objectionable.
You may only use the Website and Services for personal and non-commercial purposes. Use of the Website and Services for commercial purposes, without the prior written authorisation of RecFish SA, is specifically prohibited. RecFish SA reserves the right to remove any material or content uploaded by you on the Website or Services which in its sole discretion it deems to be commercial, without prior notice. Uploading of commercial material, or use of the Website and Services for commercial purposes, may result in your entitlement to access the Website and Services being suspended or terminated. You understand and acknowledge that RecFish SA is permitted to use the Website and Services for commercial purposes.
Except as expressly intended by the functionality of the Website and Services, you must not alter or modify any part of Website and Services without the prior written approval of RecFish SA.
Use of the Website and Services for unlawful, illegal or otherwise prohibited activities, including but not limited to distribution of material which infringes the intellectual property rights of third parties, circulation of pornographic, defamatory, racist or otherwise objectionable material and collecting details of other users by any means whatsoever for the purpose of sending unsolicited email or any other form of unauthorised solicitation (Prohibited Activities), is prohibited.
RecFish SA expressly reserves the right to take any action deemed necessary in respect of any Prohibited Content or Prohibited Activities or other illegal or unauthorised use of the Website and Services by any person, including removing Prohibited Content without notice, referring matters to appropriate authorities for further investigation (such as police) and appropriate legal action.
You must immediately notify RecFish SA if you become aware or reasonably suspect that any User Content submitted by another user is Prohibited Content, or that any other user is engaging in Prohibited Activities, or proposes to do so.
While we have made every effort to ensure that information is free from error, RecFish SA does not warrant the accuracy, adequacy or completeness of Material on the Website or Services. All information is subject to change without notice. RecFish SA does not guarantee that the Website, Services or Third Party Websites will be free from viruses, or that access to the Website or Third Party Websites will be uninterrupted.
LIMITATION OF LIABILITY
Subject to any terms, conditions or other responsibilities implied by law and which cannot legally be excluded, RecFish SA and its officers, agents, employees and other representatives exclude and are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) incurred by you or any third party whatsoever, arising out of or referable to the Website or Services, whether in contract, tort including negligence, statute or otherwise.
The liability of RecFish SA and its officers, agents, employees and other representatives for a breach of any term, condition, guarantee or warranty implied by law and which cannot legally be excluded by RecFish SA and its officers, agents, employees and other representatives, is limited to the fullest extent possible, at RecFish SA’s option, to:
- in the case of goods – replacement of the goods or the supply of equivalent goods, repair of the goods, payment of the cost of replacing the goods or acquiring equivalent goods, or payment of the costs of having the goods repaired; and
- in the case of services – the supply of the services again or payment of the cost of having the services supplied again.
You must comply at all times with the Privacy Act 1998 (Cth) and any other legislation, principles, industry codes and policies relating to the handling of all information about a person which is “personal information” as defined in Privacy Laws collected, used, disclosed or submitted via the Website and Services.
ACTION BY RECFISH SA