Legal

Terms of Use

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.

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.

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.

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.

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.

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;

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

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.

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.

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

Phone: 02 9004 1100

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.

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 service@sydneyfishmarket.com.au.

Privacy Policy

Sydney Fish Market Pty Ltd

Sydney Fish Market Pty Ltd is committed to providing you with the highest level of customer service. This includes protecting your privacy. On 12 March 2014 amendments to the Commonwealth Privacy Act 1988 came into force, setting out a number of “Australian Privacy Principles” concerning the protection of your personal information.

This document provides some information about your privacy rights along with some details about our general rights and obligations. We recommend that you keep this leaflet for future reference.

We may, from time to time, review and update this Privacy Policy, including taking into account new laws, regulations, practices and technology. All personal information held by us will be governed by our most recent privacy policy, posted on our website at: www.sydneyfishmarket.com.au/home/privacy, or available by contacting us in any of the ways set out in “Contacting us”, below.

What personal information does Sydney Fish Market hold?

“Personal information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.

We collect your personal information to allow us to conduct our business functions, to keep you informed of industry and site news, to market and sell our products and services and otherwise for the specified purposes set out in this privacy policy.

Personal information collected and held by Sydney Fish Market may include (but is not limited to) your name, date of birth, current and previous addresses, telephone / mobile / facsimile numbers, email address and, where appropriate (ie for certain financial transactions), your tax file number, bank account and credit card details. It may also include, if applicable, details such as your fishing and aquaculture licence details and food authority licence details. In addition we may also collect and hold personal information about your transactions with Sydney Fish Market and / or Sydney Seafood School.

If you choose not to provide personal information, we may not be able to conduct transactions with you, or provide you with the services you require, or the level of service that we wish to provide to you.

How do we collect personal information?

Sydney Fish Market collects personal information in a number of ways including:

Directly from you, when you provide information by phone or in documents such as a registration, application or booking form;
From third parties such as credit reporting bodies (as described in our Credit Reporting Policy) or your representatives;
From publicly available sources of information;
From the types of organisations identified below under “When we disclose your personal information”;
From our records of your transactions with Sydney Fish Market (e.g. auction sales transactions Sydney Seafood School bookings or Sydney Fish Market tour bookings).

Whenever we request personal information, we will (either at that time or as soon as practicable thereafter) identify who we are and provide our contact details, including our street address, postal address, telephone and facsimile numbers, as well as our e-mail and internet address.

Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

Information collected through our Website

We will not collect any personal information about users of our Website except when they knowingly provide it or as otherwise described in this privacy policy.

When you look at our Website, our Internet Service Provider makes a record of your visit. The following information is logged for statistical purposes:

your server address (not your email address – see below);
your top level domain name (for example .com, .gov, .au, etc);
the date and time of your visit to the site;
the pages you accessed and documents downloaded;
the previous site you have visited;
the type of browser you are using.

Your e-mail address is recorded only if you send an e-mail message to us. We respect the confidentiality of the information you provide to us or as otherwise described in this privacy policy. As such, any personal information that we collect via the Website will only be used for the purpose for which it has been provided to us.

Users should be aware that there are inherent risks transmitting information across the Internet.

Cookies

Cookies are small text files that may be transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns. Cookies may be used on our website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used. We may use this information to enhance the content and services offered on our website.

Cookies are sometimes also used to collect information about what pages you visit and the type of software and Internet Service Provider (ISP) you are using. If you access our website or click-through an email we send you, a cookie may be downloaded onto your computer’s hard drive.

Cookies may also be used for other purposes on our website but in each case none of the information collected can be used to personally identify you.

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

If you disable the use of cookies on your web browser or remove or reject specific cookies from our website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.

Google Analytics

We may use Google Analytics to help analyse how you use our website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated is used to create reports about the use of our website. Google will store this information. We will not (and will not allow any third party to) use Google Analytics to track or to collect any personal information of visitors to our website. We will not associate any data gathered from this website with any personal information from any source as part of our use of Google Analytics.

If you do not want your website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on. For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at https://tools.google.com/dlpage/gaoptout.

How do we use your personal information?

We may use your personal information for our business functions and activities, which may include using the information in order to:

Transact and trade with you by purchasing or selling seafood at auction, direct sale or through SFMlive and to administer and manage our trade with you including invoicing or paying you;
Manage and administer bookings for, and provide, Sydney Seafood School classes;
Manage and administer bookings for Sydney Fish Market tours;
Provide a consumer advisory service via Sydney Seafood School;
Promote and market our products and services to you or provide you with information that we believe may be of interest to you;
Communicate with you, and inform you of industry and site news, Sydney Seafood School classes, nutritional and cooking information, and about future events at Sydney Fish Market;
Inform you of ways to improve the marketing of your seafood;
Help us research the needs of our customers and to market our products and services with a better understanding of your needs and the needs of customs generally;
Conduct appropriate credit checks in accordance with our Credit Reporting Policy;
Gain an understanding of your needs in order for us to provide you with a better service;
Maintain and develop our business systems;
Process bookings for special events such as the Seafood Excellence Awards;
Process any job application submitted by you; and
If you are an employee or other representative of a customer to which we provide our products and services or a supplier or service provider to us, to communicate with you about your or your employer’s engagement with us and otherwise as specified in this privacy policy.

You consent to us using your personal information in the above ways.

We may collect and use your personal information for other purposes not listed above.

When do we disclose your personal information?

In certain circumstances, we may need to disclose your personal information to organisations outside Sydney Fish Market in order to provide a high level of service or to comply with our legal and statutory obligations. The organisations to which we disclose information include:

Outsourced service providers including:
Mailing providers who distribute our communications to you
Debt recovery agencies
Information technology services
Market research agencies working for Sydney Fish Market;
Your representatives (e.g. your authorised representatives, accountant, co-operative etc);
Credit reporting bodies (as described in our Credit Reporting Policy)
Our professional advisers, including our accountants, auditors and lawyers; or
Government and regulatory authorities such as the Australian Fisheries Management Authority, State fisheries agencies, the NSW Food Authority, etc. and other organisations, as required or authorised by law (including the Australian Privacy Principles under Schedule 1 to the Privacy Act 1988 (Cth).

Marketing

You consent to us using your Personal Information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future. You also consent to us sending you such information by means of direct mail, telemarketing, email, SMS and MMS messages. You can contact us using the contact details set out in “Contacting us”, below, if you do not want to receive marketing information from us.

How can you help us to ensure that we hold accurate information?

Sydney Fish Market takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. However the accuracy of that information depends largely on the information provided by you. We therefore recommend that you tell us:

About changes to your personal information such as your address or name; and
If you become aware of any errors in your personal information.

You can do so by contacting us in any of the ways set out in “Contacting us”, below.

Can you get access to your personal information?

You have a right to access your personal information, subject to some exceptions allowed by law. You can request access to your personal information by contacting us in any of the ways set out in “Contacting us”, below. We will respond to a request for access, as soon as possible, and in any case a maximum of 14 days.

Contacting us

If you:

have a query or concern about this privacy policy or our personal information handling processes;
wish to make a complaint in relation to a breach of your privacy;
would like to correct your personal information held by us;
wish to obtain a copy of your personal information that we hold about you;
wish to contact us to have your name removed from our distribution lists; or
wish to otherwise opt out of direct marketing,

You can contact us in any of the following ways:

The Privacy Officer,
Sydney Fish Market Pty Ltd,
Locked Bag 247,
Pyrmont, NSW 2009

Phone: 02 9004 1100
Fax: 02 9004 1177
Email: privacy@sydneyfishmarket.com.au

We will investigate any queries and complaints within a reasonable period of time of receiving the complaint and will notify you of the outcome of our investigation.