These terms and conditions regulate the business relationship between you and us when you use the website flyfishing.com.au (Our Website). By using Our Website in any way, or by purchasing our single handed spey course, or purchasing any other course that we post on our website (Course), you agree to be bound by these terms and conditions.
No person under the age of 18 years may use our Website and Course or provide personal information to us. Persons under age 18 may only use Our Website and Course with the involvement and consent of a parent or legal guardian.
We are: [Brian Henderson's Flyfishing ABN: 88327340752] ("us, our")
You are: a visitor to Our Website / our customer because you have purchased a Course.
The terms and conditions:
1. Our contract with you
1.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
1.2 Each party acknowledges that, in entering into this agreement, you do not rely on any representation, warranty, information or document or other term not forming part of this agreement.
1.3 If you use Our Website, or access our Course, in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
1.4 We may change these terms from time to time. The terms that apply to you are those that are posted on Our Website at the time you access the Course.
1.5 If in the future, you purchase or access the Course from us under any arrangement which does not involve access via Our Website; these terms still apply in so far as they can be applied.
2. No Guarantee as to Course Outcomes
2.1 We do not guarantee that Course advertised on Our Website is always available. We also do not guarantee that the Course will generate a specific result for you.
2.2 You are solely and exclusively responsible for the choices that you make with regard to any and all actions you take during, or after, completing the Course.
2.3 You are solely and exclusively responsible for your own mental health, physical health, decisions, and any other actions or inaction you choose to take.
2.4 We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course.
2.5 This Course does not create any fiduciary or other obligations, you are simply a person who has purchased the Course to further your fly casting skill.
3. Registered Users or Member
3.1 In order to access the Course provided on this website, you must become a registered user or member. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy linked on Our Website for information relating to our collection, storage and use of the details you provide on registration.
3.2 You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration/membership details from time to time when they change.
4. Your account with us
4.1 On registration, we provide you with a password. You are responsible for creating a new password and maintaining the confidentiality of your account and password and for preventing any unauthorised person from accessing or using your account.
4.2 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and you should also log in to your account and change your password.
4.3 Please notify us of any security breach or unauthorised use of your account.
4.4 We reserve the right to terminate your registration or membership at any time if you breach these terms and conditions.
5. Prices, additional fees and payment
5.1 All prices payable for the Course that you order is clearly set out on Our Website. On registration you agree to pay for our Course in accordance with the pricing on Our Website from time to time and in accordance with the Course you purchase from Our Website.
5.2 Our prices for the Course may be changed by us at any time prior to you placing an order. We will never change the prices after you have ordered the Course.
5.3 Our prices include goods and services tax ("GST").
5.4 Bank charges by the receiving bank on payments to us will be borne by us.
5.5 Subject to obligations under the Australian Consumer Law, set out below, no refunds are payable.
6.1 Security of your credit card
6.1 We take care to make Our Website safe for you to use.
6.2 Card payments are not processed through pages controlled by us. We use one or more online payment service providers (e.g. Paypal, Stripe or others) who will encrypt your card or bank account details in a secure environment.
7. Intellectual Property
7.1 When you visit Our Website or access our Course, we give you a limited licence to access and use information on Our Website and found in the Course for your personal use only.
7.2 You are permitted to stream a copy of the Course for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our Content in any other way infringes our intellectual property rights.
7.3 Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on Our Website without our prior written permission.
7.4 The licence to access and use the Course or the information on Our Website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror the Course or Our Website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of Our Website or the Course.
7.5 If you Post on Our Website by placing images, text, copy, photos or videos (Your Material) on Our Website then you grant us a non-exclusive, royalty free, irrevocable licence to use Your Material on the Website in any way we deem fit and in any promotional material we deem fit, such as but not limited to email marketing campaigns and other online and physical marketing materials.
7.6 In relation to Your Material, you consent to an infringement of your moral rights, for example the right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
7.7 Apart from Your Material which you Post, all rights, title and interest in the Course and all information relating to the Course, Our Website or photos, images or logos on our Website or found in our Course, are subject to copyright under the Copyright Act 1968 (Cth) and are solely owned by us and our affiliate businesses and/or companies. This includes, but is not limited to, all images, photos, text, information, graphics, audio files and videos.
7.8 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content on or from the Course or Our Website, in whole or in part.
7.9 You may not use our name or logos or trademarks or those belonging to other third parties that have Posted on Our Website without the prior written consent of us or that third party (as relevant).
8. Service Warranties
8.1 Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010, and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of the Course by us to you which cannot be excluded, restricted or modified (Statutory Rights).
8.2 Our liability is governed solely by the ACL and these terms and conditions. We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights. Unless the Statutory Rights apply, the Course, and all other material and work is provided to you without warranties of any kind, either express or implied; and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
8.3 If your Statutory Rights apply because you are a consumer as defined in the ACL, then we guarantee that the Course:
8.3.1 we supply to you is rendered with due care and skill;
8.3.2 will be fit for the purpose that we advertise, or the Course will give the result that we have agreed to in writing with you prior to providing the Course; and
8.3.3 will be supplied within a reasonable time.
8.4 To the extent we are unable to exclude liability, our total liability for loss or damage you suffer or incur from our Course is limited to us re-supplying the Course to you, or, at our option, refunding to you the amount you have paid us for the Course to which your claim relates, minus any payment processing fee or payment gateway refund fee.
9. Disclaimers
9.1 All the conditions, warranties or other terms implied by the law of any country other than the Commonwealth of Australia are excluded from this agreement to the extent permitted by law.
9.2 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Courses, at any time and without advance notice.
9.3 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable. We would be grateful if you bring to our immediate attention any that you find.
9.4 Use of the Course and Our Website is at your own risk. To the extent permissible by law, we do not make any, and exclude all express or implied warranties, representations, statements, terms and conditions relating to your use of the Course or Content available on or from Our Website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of, or participation in, the Course, or Our Website.
10. Matters beyond our reasonable control
10.1 There may be instances where we may not be able to perform certain or all obligations that we have agreed to in this agreement because of something beyond our reasonable control, which may include but is not limited to, events that constitute a force majeure which may include: lightning, flood, severe weather, fire, explosion, terrorist activities, anything done by a government body or other competent authority, industrial disputes, technical difficulties, power outages, hardware difficulties, software difficulties or other acts, events or omissions that affect our capacity to perform certain or all obligations that we have agreed to in this agreement. There may be other reasons too, not expressly set out here. In these cases, you irrevocably and unconditionally agree that we do not accept responsibility or liability for not providing you with the Course or for breaching our obligations.
11. Posting Policy: Restrictions on what you may Post to Our Website
If you Post Content on Our Website then you agree that you will not, nor allow anyone else to, Post Content on Our Website which is or may:
11.1 be malicious or defamatory;
11.2 be commercial audio, video or music files where the intellectual property rights in those files is not yours not licensed to you;
11.3 be illegal, obscene, offensive, threatening or violent;
11.4 be sexually explicit or pornographic;
11.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
11.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
11.7 solicit passwords or personal information from anyone;
11.8 be used to sell any goods or Course or for any other commercial use;
11.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
11.10 link to any of the material specified above, in this paragraph;
11.11 send age-inappropriate communications or Content to anyone under the age of 18.
12. Posting Policy: Your Posting - restricted content
In addition to the restrictions set out above, a Posting must not contain:
12.1 hyperlinks, other than those specifically authorised by us;
12.2 keywords or words repeated, which are irrelevant to the Content Posted;
12.3 the name, logo or trademark of any organisation other than yours;
12.4 inaccurate, false, or misleading information.
13. Posting Policy: How we handle your Content
13.1 Our Privacy Policy is strong and precise. It complies fully with current law.
13.2 If you Post Content to any public area of the Course or Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
13.3 Even if access to your Content is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
13.4 You irrevocably authorise us to publish feedback, comments and ratings about your activity through the Course, or Our Website, even though it may be defamatory or critical of you. You indemnify us on a full indemnity basis for any loss or damage you suffer due to our publishing feedback, comments and ratings.
13.5 Posting Content on Our Website does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
13.6 You understand that you are personally responsible for your breach of someone else's intellectual property rights, defamation, or breach of any law, which may occur as a result of you Posting any Content.
13.7 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
13.8 We do not solicit ideas for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us an irrevocable royalty free licence to use it.
14. Posting Policy: Removal of offensive Content
14.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose or accesses or participates in the Course.
14.2 We are under no obligation to monitor or record the activity of any visitor or user of the Course, or Our Website, for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
14.3 If you are offended by any Content, the following procedure applies:
14.3.1 your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by email;
14.3.2 after we receive notice of a claim or complaint, we may investigate at our discretion; and
14.3.3 we shall remove the offending Content as soon as we are reasonably able.
14.4 We may re-instate the Content about which you have complained or not.
14.5 In respect of any complaint made by you or any person on your behalf, whether using out of a complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
14.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
15. Hyperlinks
15.1 Our Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of, or privacy compliance by any linked website.
15.2 Any hyperlink on Our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information, Course and/or products which they provide.
15.3 You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of Our Website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. This permission is conditional upon you not portraying us or any Service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
16. Security of Our Website
16.1 If you violate the terms of this agreement, we may take legal action against you.
16.2 You agree that you will not, and will not allow any other person to:
16.2.1 modify, copy, or cause damage or unintended effect to any portion of the Course, Our Website, or any software used within it.
16.2.2 link to the Course, Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
16.2.3 download any part of the Course or Our Website, without our express written consent;
16.2.4 collect or use any product listings, descriptions, or prices;
16.2.5 aggregate, copy or duplicate in any manner any of the Course content, Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website and the Course;
16.2.6 share with a third party any login credentials to the Course or Our Website (as applicable).
17. Indemnity
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
17.1 your failure to comply with the law of any country;
17.2 your breach of this agreement;
17.3 any act, neglect or default by any agent, employee, licensee or customer of yours;
17.4 a contractual or negligence claim arising from your use of, or participation in, the Course;
17.5 a breach of the intellectual property rights of any person.
18. Affiliate Marketing & Advertising
18.1 We may engage in affiliate marketing whereby we receive a commission or percentage of the sale of goods or services on or through the Course and/or Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
19. Termination
19.1 We may terminate this agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms contained in this agreement, including, but not limited to, violating our intellectual property rights, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material, acting in a manner that is not helpful to you or other Course participants. Terminating this agreement due to your improper conduct does not entitle you to a refund of Course fees.
20. Miscellaneous matters
20.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
20.2 Where we provide Course or products without specific charge to you, then they are deemed to be provided free of charge, and not to be associated with any other Course for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those products or that service.
20.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
20.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
20.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
20.6 Any communication to be served on either party by the other shall be delivered by e-mail. It shall be deemed to have been delivered, if sent to the address from which the receiving party has last sent e-mail: within 48 hours if no notice of non-receipt has been received by the sender.
20.7 In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
20.8 This agreement does not give any right to any third party.
20.9 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control, including any labour dispute between a party and its employees.
20.10 In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
20.11 The validity, construction and performance of this agreement shall be governed by the laws of the State of New South Wales.
Definitions
In this agreement:
"Content" means any content in any form such as but not limited to text, photographic images, videos, audio files, icons, emoji.
"Course" means the fly casting course that you can access via Our Website or via another url.
"Our Website" means the website where these terms and conditions are placed and includes all web pages controlled by us including any and all subdomains.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.
22. Interpretation
In these terms and conditions unless the context otherwise requires:
22.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;
22.2 by accessing the Course through Our Website or otherwise, you unconditionally and irrevocably agree to be bound by these terms and conditions, all applicable laws and/or regulations and you agree that you are responsible for this compliance
22.3 these terms and conditions prevail over any terms proposed by you;
22.4 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
22.5 any obligation of any person arising from this agreement may be performed by any other person;
22.6 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;
22.7 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;
22.8 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;
22.9 if there is any conflict between these terms and conditions and other terms and conditions on Our Website, these terms and conditions will prevail; and
22.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Last updated: 1 July 2024