TERMS OF USE

This page outlines the General Conditions (which incorporate our Privacy Policy of access to and use of the Website www.fishwah.com (Site) operated by Fishwah Pty Ltd ACN 161 333 053 (Fishwah) in Sydney, Australia, including to entries made by you.

Please read these terms of use carefully before subscribing to the Site. Your subscription to this Site, including the free trial period, is evidence that you agree with the following terms of use.

Acknowledgment and acceptance of General Conditions

(a)  The Site is operated by Fishwah (we, us).

(b)  Your or your child’s access to, and use of, the Site (collectively, your Access) is conditional on you and your child accepting and complying with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (General Conditions), including during the free-trial period. After the free trial period, your Access is also conditional on the payment of a subscription fee.

(c)  Subscriptions are non-refundable and non-transferable.

(d)  Your Access to the Site constitutes your agreement to be bound by the General Conditions.

(e)  We reserve the right to revise, amend and update the General Conditions at any time effective on the date of notification and posting to the Site of the new and amended provisions. You agree that you will check the Site regularly for such notifications. Your continued use of the Site, following our notification of changes, will represent your agreement to be bound by the new General Conditions as amended.

Access Terms

(a)  To subscribe, you must be over 18.

(b)  After the free trial period, you must pay the subscription fee (which may be varied by us from time from time) for the subscription period (Subscription, Subscriber).

(c)  You warrant that you are the parent or legal guardian of any child who has a Subscription linked to your Account, and you are fully responsible for child complying with these General Conditions, and liable for any claims in connection with any breach by your child of the General Conditions.

(d)  If you or your child intentionally misuses the site you will have your Subscription to the Site revoked, and you will not be eligible for a refund.

(e)  You are entirely responsible for maintaining the security of the Account username and password, and you agree you are liable for any unauthorised use of your password.

(f)   You agree not to use rude or inappropriate words as part of a Subscriber Access account.

(g)  You must agree to the Fishwah Privacy Policy. By using the Site, each of you and your child (or you on behalf of your child) consent to the collection, storage, use and dissemination of your personal information in accordance with the Privacy Policy.

Anonymous Information

We collect anonymous information about you and your activities on the Site.

Anonymous information is information that is not linked to your identity. This information is used to assist us in enhancing the site and resources and the information remains anonymous at all times. By agreeing to the General Conditions, you grant Fishwah the right to use this anonymous information for its own purposes, such as the preparation of statistical reports, provided Fishwah otherwise complies with its obligations in respect of the use of personal information, such as de-identifying the personal information.

Ownership of content on the site

(a)  The materials displayed on the Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools,  names, logos and trade marks on the Site (other than the Blog, see further)(Content) is owned or licensed by us. It is protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the Site.

(b)  You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for in these General Conditions, or with our express prior written permission.

(c)  You must not commercialise any Content, products or services obtained from any part of this Site without our express written permission.

(d)  Except where otherwise specified, any word or device to which the TM or ® symbol is attached, is a trade mark in which we claim proprietary rights. We also assert all our trade mark rights under the common law or otherwise.

(e)  You may not use our trade marks in connection with any activities, including representing our activities, without our consent.

Access to the Site

(a)  You may view the Site using your web browser and save an electronic copy of parts of this Site solely for your own personal use, but only if you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trade mark and other proprietary notices).

(b)  You must not access or use the Site or the Content in any manner or for any purpose which:

(i) is illegal or prohibited by any laws that apply to you;

(ii) violates our rights in any way; or

(iii) is prohibited by these General Conditions.

(c)  You must take your own precautions to ensure that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system or data which arises in connection with your Access.

(d)  You must not use the Content for commercial purposes without first obtaining our express written authority.

Disclaimer and limitation of liability

(a)   All Content provided by us on the Site is provided in good faith with due skill and care.  Although we have no reason to believe that any information contained in this Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information, nor do we undertake to keep this Site updated.

(b)  We do not accept responsibility for loss suffered as a result of your reliance on the accuracy or currency of information contained in this Site. We and our directors, officers, agents, employees and contractors do not guarantee or warrant the Site will be uninterrupted, without delay, error-free, omission-free or free of viruses.

(c)   The Content is provided “as is” without warranties of any kind, express or implied, including as to accuracy, timeliness and completeness. The Content is NOT in the nature of medical or health professional advice and is not fit for that purpose and you cannot rely on it for that purpose.

(d)  You should make your own enquiries and judgment and seek independent advice from relevant health industry professionals before relying on any Content posted on this Site.

(e)  Neither we nor our directors, officers, agents, employees or contractors will be liable for any loss or damage, however arising (whether in negligence or otherwise), in connection with your Access, the Content or any omissions from the Content, except where liability is made non-excludable by Australian legislation.

Indemnity

You agree to indemnify us and our directors, officers, agents, employees and contractors and keep us and all of them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees) or claims by a third party arising from:

(a)   any breach by either you, your child, or a person using your Account or password of the General Conditions;

(b)  reliance by you, your child, or a person using your Account or password on any Content or Blog obtained through the Site;

(c)   in addition to (b), if you are a health professional, use of the Content or Blog by you, where the material is used in your professional practice; or

(d)  your Access to the Site.

Termination

We may terminate Access to this Site at any time without notice. The General Conditions will nevertheless survive any such termination. Should Fishwah terminate Access to the Site prior to the end of your Subscription, other than for your breach of the General Conditions, Fishwah agrees to refund the remainder of the Subscription on a pro rata basis.

Governing Law

These General Conditions are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia.

General

(a) We do not accept any liability for any failure to comply with the General Conditions where the failure is due to circumstances beyond our reasonable control.

(b) If we waive any rights available to us under these General Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion and we expressly reserve our rights.

(c) If any of the General Conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will nevertheless continue in full force.

Support from health professionals

The Content is general in nature and is not a health service. You acknowledge that the Content is for evaluative and motivational purposes only. It is NOT intended to be a substitute for advice from a health professional. You agree that you, or you on behalf of your child, will make your own enquiries and seek the advice of your health professional with any questions you may have regarding anxiety or other medical conditions. Reliance on any information appearing on this Website is strictly at your own risk.

CANCELLING YOUR FISHWAH SUBSCRIPTION

You may cancel your Subscription at any time by logging in to the Account page of the site, however, no refund is payable. Your Account will stay at its current license level through to the end of the term for which you have paid. For example, if you paid for a 6 month plan on February 1 and you cancel on May 1, your account will stay active until July 31.

Refunds: Subscriptions are non-refundable and non-transferable. If you feel like you were inappropriately charged or would like to speak to someone about a refund, please send an email to support@fishwah.com