Terms of Use

1.       Agreement  to Terms

1.1      The Sydney Fish Market website is comprised of various web pages accessible at the domain name "sydneyfishmarket.com.au" (website) and is owned and operated by Sydney Fish Market Pty Ltd ABN 24 064 254 306 (Sydney Fish Market, we, our or us).

1.2      The use of the website by a person (you or your), the information and material available on the website and your purchase of any goods or services advertised or offered for sale through the website, is subject to:

(a)          these Terms of Use;

(b)          the Privacy Statement; and

(c)          any other terms, conditions, notices and disclaimers displayed on the website,

(together the Terms).

1.3       By using the website or purchasing goods or services advertised or offered for sale through the website, you are deemed to accept and agree to be bound by these Terms. If you are using the website or purchasing goods or services on behalf of another person (eg. natural person, body corporate or other incorporated body) you warrant and represent that you have the capacity to enter into, and bind that other person to, these Terms.

1.4     Where you use the website in connection with any commercial arrangements with us (including as a registered supplier or buyer), any other agreement you enter into with us supersedes these Terms to the extent of any inconsistency.

1.5      If you do not accept these Terms, you must cease using or accessing the website and must not order any goods or services from us.

2.      Changes to these Terms

We may change the Terms at any time. Your use of the website will be governed by the most recent Terms. Any subsequent use of the website will constitute your acceptance of those changes. Where reasonably possible, we will notify you of any changes to our Terms by including a notice on our home page. It is your responsibility to regularly check the website for updated versions of the Terms.

3.        Terms relating to the supply of goods or services

3.1        Applicability to goods and services

These Terms apply to the purchase of any goods and services advertised or offered for sale through the website (including the booking of any tours or cooking classes) whether they are purchased through the website, by telephone or by any other means.

3.2         Orders for goods and services

The goods and services available through the website  (including any books, equipment, knives, gift certificates or other goods and any tours or cooking classes), are subject to the following terms and conditions:

(a)   We make no undertakings as to the availability of any goods or services advertised on the website.

(b)  By placing an order, you are making an offer to purchase the relevant good or service. Once you place an order, you are not permitted to cancel it, except where you place an order by telephone. In that case you may cancel a telephone order within 24 hours of placing your order where you do not agree to be bound by these Terms (provided you have not yet received the applicable good or service).

(c)  We will at our discretion accept or reject your offer to purchase. A contract for the supply of any good or service is only formed once we communicate our acceptance of your order to you in writing.

(d)  When you place an order for a Sydney Seafood School cooking class, you acknowledge that you have read, and you agree to be bound by, the terms, safety requirements and guidelines applicable to your attendance at a Sydney Seafood School cooking class.

(e)  Prices for the goods and services are subject to alteration without notice and may be affected by stock availability, government impost (including levies, taxes and duties) and errors made in printing.

(f)   Unless expressly stated otherwise, prices are listed as inclusive of goods and services tax.

(g)  All goods and services must be paid for in advance by either credit card, cheque or money order made out to Sydney Seafood School, or as otherwise directed by us. 

(h)  Goods which cannot be supplied at the time the order is place, will be placed on a back order and delivered when stock becomes available.  This back order facility can be overridden only upon specific request in writing by you.

(i)   We will use our reasonable endeavours to deliver goods to you within 14 days of receipt of your order.  Risk in all goods passes to you upon delivery.

(j)   In the case of incorrect or short delivery of goods, you must inform us  in writing within 7 days of receipt, otherwise you are deemed to have accepted the goods.

(k)  Our liability in respect of the goods and services is set out in paragraph 7.

3.3       Credit card security

The website contains a credit card facility for the on-line ordering of goods and services.  Third party PCI compliant providers are used, however, we make no warranty and give no representation as to the security of the credit card facility (including the encryption system) and use of that facility is at your own risk.

3.4      No Offer of Agreement is made

Except to the extent expressly specified on the website, nothing on the website will constitute an offer for the acquisition of goods or services nor will any agreement or binding legal relationship be made or come into existence when a person responds to any invitation made by us or to any request for feedback, comments or suggestions made by us on this website.

3.5       Registered labels and other directions

Anyone who intends to use any good or service advertised or offered for sale through the website should first read and observe the instructions set out on the registered label for that product and other published material approved or authorised by us which specifically relates to that product or service.

4.        Use of the website

4.1        Without our prior written consent, you may only access the website for your personal, non-commercial use.

4.2        As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms.

4.3        You must not:

(a)  use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website; and

(b)   obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

4.4       The Sydney Fish Market Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services), you agree to use the Communication Services only to post, send and receive messages and material in accordance with these Terms. You agree that when using a Communication Service, you will not:

(a)  defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(b)  publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

(c)  upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights to the material or have received all necessary consents;

(d)  upload files that contain viruses, corrupted files, worms, trojan horses, or any other similar software or programs that may damage the operation of another's computer;

(e)  engage in any commercial activity (including marketing, advertising, or commercial promotion of goods or services), or offer to sell or buy any goods or services for any business purpose, unless the Communication Service specifically allows such activity or we provide our prior written consent to such activity;

(f)   conduct or forward surveys, contests, pyramid schemes or chain letters;

(g)  download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

(h)  falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

(i)  restrict or inhibit any other user from using and enjoying the Communication Services;

(j)  violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

(k) data mine, use robots or use other data collection methods to harvest or otherwise collect information about others, including e-mail addresses, without their consent;

(l)  violate any applicable laws or regulations; and

(m) impersonate or falsely claim to represent a person or organisation.

4.5      We have no obligation to monitor your use of the website or the Communication Services. However, we reserve the right to review materials posted to the website or a Communication Service and to remove any materials in its sole discretion. Sydney Fish Market reserves the right to terminate your access to any or all of the Communication Services or website at any time without notice for any reason whatsoever.

4.6       We reserve the right at all times to:

(a)  disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request; or

(b)  edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

4.7      You should always exercise caution when giving out any personally identifying information about yourself or your children in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Any manager, facilitator or host of a Communication Service is not an authorised Sydney Fish Market spokesperson, and their views do not necessarily reflect those of Sydney Fish Market.

4.8       Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, which may be notified to you on the website. You are responsible for adhering to such limitations.

5.       Materials provided to Sydney Fish Market or posted at any Sydney Fish Market website

5.1      We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to the website or through the Communications Services (collectively Submissions).

5.2       By posting, uploading, inputting, providing or submitting your Submission you grant to us a world-wide, perpetual, royalty-free, irrevocable, transferable and sub licensable licence to use, copy, distribute, transmit, publicly display, reproduce, edit, translate, adapt, modify, communicate, reformat and otherwise deal with your Submission and to publish your name in connection with your Submission (which we may, but are not required to do). Without limiting such licence granted by you, your Submission may be displayed on the website and used by us for our business purposes including (without limitation), marketing, research and development of our goods and services.

5.3     To the extent you have any moral rights in the Submission, you irrevocably and unconditionally consent, for our benefit and the benefit of our successors, assignees and licensees, to the reproduction, adaptation and communication of your Submissions or any part of them in any medium, and without attribution to you as an author of or contributor to that Submission, and adaptation or alteration of the Submission in any way, including addition to and subtraction from the Submission, whether such acts or omissions occur before or after the date on which that consent is given.

5.4      We are under no obligation to post or use any Submission you may provide and may remove any Submission at any time in our sole discretion.

5.5      By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

6.      Links to third party sites

6.1     The website may contain links to other web sites (Linked Sites). Sydney Fish Market is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sydney Fish Market of the Linked Site or any association with its operators.

6.2  The Linked Sites are not under our control and we are not responsible for, and will not be liable in respect of:

(a)  the contents or operation of any Linked Site, including (without limitation) any link contained in a Linked Site, or any changes or updates to a Linked Site.

(b) any webcasting or any other form of transmission received from any Linked Site;

(c) any incorrect link to a Linked Site; or

(d) any of the goods, services or content available at the Linked Site.  

7.       Disclaimer and limitation of liability

7.1       Subject to paragraphs 6.2 and 6.3 below, neither we nor our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) give any express or implied warranties or make any representations in relation to the website, or any goods or services advertised or offered for sale through the website, including:

(a) that the website will be continuously available or virus or fault free; and

(b) about the quality, accuracy, currency, completeness, reliability, suitability, acceptability, title, merchantability or fitness for purpose of:

(i)  the website;

(ii) the information and content available on the website (including in respect of any goods or services, auction prices, seafood products or related graphics);

(iii) all links to and from the website; and

(iv) the goods and services advertised or offered for sale through the website.

7.2       In particular, we provide the information set out on the website on the clear understanding and assumption that anyone who uses the information or who purchases a good or service sold by us after having read the website makes their own enquiries as to the suitability of that information, good or service for any particular purpose or application.

7.3      Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement (Non-Excludable Guarantee).

7.4      To the maximum extent permitted by law, our liability for a breach of any Non-Excludable Guarantee that may apply is limited, at our option:

(a) in the case of services supplied by us, to:

(i)   the supplying of the services again, or

(ii)  the payment of the cost of having the services supplied again; or

(b) in the case of goods supplied by us, to:

(i) the replacement of the goods or the supply of equivalent goods,

(ii) the repair of the goods or the payment of the cost of having the goods repaired; or

(iii) the payment of the cost of replacing the goods or supplying equivalent goods.

7.5      Subject to paragraphs 7.3 and 7.4 and to the maximum extent permitted by applicable law, neither we nor our suppliers are liable to you for any:

(a)          claim, loss, damage, cost, expense or liability (whether arising under contract, statute or tort (including negligence)) suffered or incurred by you that is caused by or arises from:

(i) your use of the website or inability to use or access the website;

(ii) any reliance on, or action you take in reliance on, the information or content included in or available through the website; or

(iii) the goods or services advertised or offered for sale through the website; and

(b) indirect, punitive, incidental, reliance, special, exemplary or consequential loss or damages, including (without limitation) any loss of business, loss of management time, loss of opportunity, loss of revenues, loss of profits, loss or corruption of data or loss of goodwill.

7.6      For all other claims, losses, damages, costs, expenses or liabilities (whether arising under contract, statute or tort (including negligence)) suffered or incurred by you under or arising out of or in connection with these Terms, your use of the website or any goods or services advertised or offered for sale through the website that have not been otherwise expressly addressed in the other sub paragraphs in this paragraph 7, our maximum aggregate liability to you is $10.

8.       Intellectual Property

8.1      Copyright in the website and in the material on the website is owned or licensed by us unless otherwise indicated. Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and except with our prior written consent, no material on this web site may be reproduced, copied or transmitted in any form or by any method. Our consent will generally include a requirement that we are identified by name on all permitted reproductions, copies and transmissions of material on the website.

8.2       Unless otherwise specified, we or one of our related bodies corporate (as defined in the Corporations Act 2001 (Cth)) are the registered owners of all trademarks designated on the website. We assert our rights to any trade mark designated TM or ®. Those trademarks should not be used in any form except with our prior written consent and on any conditions required by us or the owner of the trademark.

9.       Promotional Material

(a)  Where you provide us with your email address or mobile telephone number (which we collect and hold in accordance with our Privacy Statement), you consent to receiving commercial electronic messages (as defined in the Spam Act 2003 (Cth)) from us, including information about new developments at the Sydney Fish Market, special offers and information about our goods and services.

(b)  Despite section 18(1) of the Spam Act 2003 (Cth), you agree that any commercial electronic message we send to you will not need to contain an unsubscribe facility but, if you wish to opt-out of receiving commercial electronic messages, you can contact us to have your name removed from our distribution lists.  You have the following options:

(i) You can send an e-mail to privacy@sydneyfishmarket.com.au with the subject line "Unsubscribe"; or

(ii)           You can send mail to the following address:

Sydney Fish Market Pty Ltd

Locked Bag 247

PYRMONT  NSW  2009

Ph:         +61 2 9004 1100

Fax:        +61 2 9004 1177

 

10.      Termination/Access restriction

We reserve the right, in our sole discretion, to terminate your access to all or part of the website or the related services or both at any time, without notice. The liability disclaimers and limitation of liability in paragraph 6 will survive any such termination.

11.       General

11.1        These Terms of Use are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms of Use, their performance and subject matter.

11.2        Use of the Sydney Fish Market Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

11.3        If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

11.4        Any queries about the website or these Terms should be made to nickp@sydneyfishmarket.com.au.