Terms of Use

Ryan Moody Fishing, which is owned and operated by Calypso Pacific Pty Ltd A.C.N.600 311 680 as trustee for Ryan Moody Family Trust trading as Ryan Moody Fishing (A.B.N.95 708 344 631) (we, us, our, or Ryan Moody Fishing) invite you to access and use our websites, including ryanmoodyfishing.com, barrabasics.com and fishsmarter.com.au (the Websites).

Your access to the Websites is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and/or access to, the Websites constitutes your agreement to the Terms of Use. If you do not agree to any of these terms, please do not use the Websites.

We reserve the right to amend the Terms of Use at any time. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Any user who registers with us (each, a Registered User) and wishes to purchase a product or service through one of our Websites, is agreeing to the Terms of Use and the accompanying Course Enrolment Terms with respect to such product or service. In the event of any conflict between the Terms of Use and Course Enrolment Terms, the Course Enrolment Terms shall control.

Our services

We provide Visitors and Registered Users with access to the services as described below;

Visitors

Visitors as the term implies, are people who do not register with us, but want to explore the Websites. No login is required for Visitors. Visitors can (i) view all publicly-available content on the Websites; and (ii) email us.

Registered Users

Registered Users can do all the things that Visitors can do, and: (i) purchase products and services through one of our Websites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Websites; (iv) post comments and other content on the Websites (collectively, Registered User Content); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Ryan Moody Fishing and Fish Smarter community.

Ryan Moody Fishing is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, Ryan Moody Fishing may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

Access

We cannot be responsible for any delays or interruptions to the Websites. We will use commercially reasonable efforts to minimize delays and interruptions. However, we cannot warrant that the Websites will be available at all times or at any given time.

We may at any time and without notice to you, discontinue the Websites in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Websites.

You are responsible for obtaining access to the Websites, and that access may involve third-party fees (such as Internet service provider charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Websites.

Prohibited conduct

In relation to the Websites, you must not:

  • use the Websites for any activities or post or transmit via the Websites, any information or materials which breach any laws or regulations, infringe a third party’s rights, or are contrary to any relevant standard or codes;
  • use the Websites to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Websites or the Internet;
  • use or access the Websites to collect any market research for a competing business;
  • use the Websites to send unsolicited email messages;
  • disclose any sensitive information about another person including that person’s email address, postal address, phone number, credit card information or any similar information;
  • in any way tamper with, hinder or modify the Websites;
  • knowingly transmit any viruses or other disabling features to the Websites or via the Websites; or
  • attempt any of the above acts or facilitate or assist another person to do any of the above acts.

You agree to abide by the Fish Smarter Community Rules.

Further you acknowledge that Ryan Moody Fishing is entitled to suspend or terminate your use of the Websites or membership at any time if Ryan Moody Fishing considers that you have brought, or may bring, the reputation of Ryan Moody Fishing or its members into disrepute.

Intellectual Property

The materials on the Websites, including the software, design, text, images, modules, videos, fishing frameworks, training modules and graphics comprised in the Websites and the selection and layout of the Websites are owned or under license by Ryan Moody Fishing  and protected by Australian and International laws. Unauthorized use of the Websites may violate copyright, trademark and other laws.

Your use of the Websites does not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Websites without the express written permission of the trade mark owner.

We own the copyright, which subsists in all creative and literary works that are displayed on, or accessed via, the Websites.

You may view the Websites and contents using your web browser. In visiting the Websites, you may make a temporary copy of the Websites by means of the usual operation of your web browser only.

You must not:

  • reproduce or use any of the material on the Websites for commercial purposes, including sale;
  • in any way modify the material on the Websites; or
  • cause any of the material on the Websites to be framed or embedded in another website;
  • sell, transfer, assign, license or modify the content or reproduce, display, publicly perform, make a derivative version of, or otherwise use the Websites content in any way for any public or commercial purpose.
  • systematically download or "scrape" the Websites.

In summary, you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute the content of the Websites in any way except as expressly provided for by us or expressly authorised in writing by us.

In the event that you do any of the above acts, we will not hesitate to enforce our intellectual property rights against you.

Sign-in/Display Name; Password; Unique Identifiers

During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in/display name (Display Name), a password (Password), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (Unique Identifiers). We may also request your postcode which will assist us providing information relevant to your area in our email correspondence.

When creating your account, you must ensure that all details that you provide to us are accurate and true and that you will not impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity in your application or your capacity as a Registered User.

Each Display Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary content contained on the Websites) is a material breach of this Terms of Use.

You are solely responsible for the confidentiality and use of your Display Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Display Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Display Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Ryan Moody Fishing will not be liable for any loss or damage caused by any unauthorized use of your account.

Fees and Payment

As consideration for any purchase you make on the Websites, you shall pay Ryan Moody Fishing all applicable fees and taxes.

All prices displayed on our Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST).

We reserve the right to vary the prices displayed on our Websites from time to time and without notice to you.

We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in Australian dollars.

Refunds

All fees paid in association with your enrolment in a Course are non-refundable unless we are required to make a refund under the Australian Consumer Law.

Third party links

The Websites may contain hyperlinks and other pointers to websites operated by third parties (Linked Websites). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the Websites, you agree to indemnify Ryan Moody Fishing from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Websites by you.

Registered User Content

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available.

YOU, AND NOT RYAN MOODY FISHING, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicenses a non-exclusive, royalty-free, freely sub licensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property, in each case, by or in any means, methods, media, or technology now known or hereafter devised.

You also grant us the right, but not the obligation, to use your Registered User Content, your Display Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Ryan Moody Fishing, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Ryan Moody Fishing that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Ryan Moody Fishing and its content partners as permitted by this Terms of Use does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libellous, defamatory, or obscene material or content.

Disclaimer

Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Websites which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to the Website:

  • all material on the Websites is provided to you without warranties of any kind, either express or implied;
  • we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
  • we do not warrant that the functions contained in any material on the Websites or your access to the Websites will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
  • we do not warrant or make any representation regarding your access to, or the results of your access to, the Websites including its correctness, accuracy, timeliness, completeness, reliability or otherwise.

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Websites.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Websites.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

In the case of services supplied or offered by us:

  • the resupply of the services; or
  • the payment of the cost of having the services resupplied.

In the case of goods supplied or offered by us:

  • the replacement of the goods or the supply of equivalent goods;
  • the repair of such goods;
  • the payment of the costs of replacing the goods or acquiring equivalent goods; or
  • the payment of the costs of having the goods repaired.

General information only

We intend for the information on our Websites to only serve as a general overview on matters of interest. The information on our Websites is not intended to be comprehensive, nor does it constitute advice of any kind. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information on our Websites.

Privacy

By agreeing to and accepting the Terms of Use, you also agree to our Privacy Policy.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Websites may not be legal by certain persons or in certain countries. If you access the Websites, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contacting us

Please use the contact us form on our website or by email info@ryanmoodyfishing.com if you have any questions relating to our Terms of Use.

Terms of Use last updated on 5 May 2016.

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