Terms and Conditions of Use
Caught Coasting Pty Ltd (ACN: 633 172 791) (“Caught Coasting”), owns, operates and maintains (“https://www.caughtcoasting.com.au/ ”), all sub-domains, the Social Media, and the content contained therein, and asserts its copyright.
1. Accessing this Website or Social Media
1.1 By accessing this Website or Social Media, Users agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website, Social Media or accessing the services. The materials contained in the Website or Social Media are protected by applicable intellectual property law.
1.2 Use of parts of the Website or Social Media (including those parts of the Website or Social Media which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.
1.3 Caught Coasting may in its sole and absolute discretion, for any reason or no reason, and without notice:
(a) alter or withdraw any functionality on the Website or Social Media;
(b) withdraw or suspend access to all or any part of the Website or Social Media and any Account;
(c) monitor the use of the Website or Social Media;
(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and
(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website or Social Media.
2. Services provided by Caught Coasting
2.1 Caught Coasting operates the Website and Social Media as an online platform for the provision of information, good and services in relation to fishing and boating. Caught Coasting offers both free licences and Paid Licences to access Materials on the Website in accordance with these Terms and Conditions.
2.2 Paid Licences via a Subscription permit access to additional Materials and content on the Website, including various subscriber-only features made available from time to time.
2.3 From time to time, Caught Coasting may also facilitate the purchase of goods via the Website.
3. User Licenses
3.1 Permission is granted to Licensees to temporarily download any of the Materials on the Website or Social Media for personal, non-commercial transitory viewing only.
3.2 This is a grant of a Licence, not a transfer of title. Licensees may not:
(a) modify or copy the Materials;
(b) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) attempt to decompile or reverse engineer any software contained on the Website or Social Media;
(d) remove any copyright or other proprietary notations from the Materials; or
(e) transfer the materials to another person or “mirror” the Materials on any other server.
3.3 The Materials contain copyrighted and/or proprietary information protected by the laws of Australia and/or international laws and treaties. Caught Coasting retains all rights in, title to, and ownership of the Materials. Caught Coasting gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Materials.
3.4 The Materials are provided for the Licensee’s personal use only. The Licensee does not have the right to provide the Materials to others in any form or on any media.
3.5 A Licence will automatically terminate if:
(a) a Licensee breaches any of these Terms and Conditions of Use; or
(b) in the case of a free Licence, at the discretion of Caught Coasting; or
(b) in the case of a Paid Licence, at the expiry of the access period stated in the Subscription.
3.6 Upon termination of a Licence, the affected User will have no right to view the Website or any of the Materials or content therein and that User must delete or destroy any downloaded materials in that User’s possession or control, whether in electronic or physical format.
4. Use of the Website or Social Media
4.1 Users must not, in connection with the use of the Website or Social Media, act in a manner which:
(a) is contrary to any law or any third party’s rights, which may encourage a person to act in a way which is contrary to any law or any third party’s rights;
(b) may result in damage to the Website, Social Media or any property or equipment of Caught Coasting, its directors, employees, contractors or agents;
(c) may restrict, disrupt or inhibit any other User from using or enjoying the Website or Social Media;
(d) endangers the health or safety of any person;
(e) may cause an interference to any business conducted by Caught Coasting;
(f) upload, post, email or otherwise transmit any of the following to, or through, the Website or Social Media:
(i) confidential material;
(ii) misleading or deceptive material;
(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or
(iv) material which contains a virus, or other harmful or potentially harmful code;
(g) alter, damage or delete any material on the Website or Social Media;
(h) hold yourself out as having any authority to act on behalf of Caught Coasting; or
(i) collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.
4.2 Users must obey any lawful instruction of Caught Coasting in using the Website or Social Media.
4.3 Users consent to Caught Coasting’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.
5. Accounts
5.1 In order to purchase a Paid Licence, a User must first register a personal, individual account by creating a username and a password and by providing such information as may be required by Caught Coasting from time to time, including the User’s real name, contact telephone number, billing address, bank account details and a valid credit or debit card that Caught Coasting approves and accepts.
5.2 Account names must not be:
(a) misleading or deceptive;
(b) offensive; or
(c) in violation or any law or third party rights.
5.3 Caught Coasting may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.
5.4 Users are solely responsible for activity on the Account and will be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.
6. Purchasing Paid Licences and goods
6.1 Users must carefully read the full details of the Subscription or goods before buying a Paid Licence or goods.
6.2 Users click to buy a Paid Licence or goods, enter and/or confirm payment information and confirm the purchase of the Paid Licence or goods. Upon confirming a purchase, the User is committing to a contractual obligation to buy the selected Paid Licence or goods for the Price, and to make such additional payments as may be required, including those imposed by Caught Coasting, its payment partners and the User’s financial institution.
6.3 Unless otherwise stated, Prices displayed exclude GST and may be subject to third party transaction fees.
6.4 All payments will be made in Australian dollars. If Prices are displayed in foreign currency, conversion or service fees may be incurred.
6.5 To the fullest extent permitted by law (and subject to rights under the Australian Consumer Law) all purchases are final and no refund or exchanges will be provided by Caught Coasting.
6.6 Nothing in this clause 6 is intended to limit, or limits, any rights Users may have under the Competition and Consumer Act 2010 (Cth) (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.
6.7 Purchases may be subject to additional terms and conditions set by third parties such as those in connection to delivery and payment facilities. Users should not purchase Paid Licences or goods unless they agree to applicable third party terms and conditions.
7. Privacy
7.1 Users agree that their personal information will be collected, handled, used and stored in accordance with Caught Coasting’s Privacy Policy, which can be accessed at https://www.caughtcoasting.com.au/privacy-policy
7.2 Without limitation to the terms of Caught Coasting’s Privacy Policy, Users agree to the collection and storage of the following personal and sensitive information, including:
(a) Identifying information such as name and date of birth;
(b) contact information such as home address, home and mobile phone numbers and email address;
(c) financial information, such as bank account and credit card details; and
(d) information about involvement in other programs Users participate in or memberships Users may have.
7.3 Caught Coasting may use personal information collected from Users to provide Users with information, updates and our services. Caught Coasting may also make Users aware of new and additional products, services and opportunities available to Users, provided by Caught Coasting, its partners, service providers and customers. Caught Coasting may use Users’ personal information to improve our products and services and better understand Users’ needs.
7.4 Caught Coasting may contact Users by a variety of measures including, but not limited to messaging via social media, telephone, email, sms or mail.
7.5 Caught Coasting may disclose a User’s personal information to any of its employees, officers, insurers, professional advisers, agents, suppliers, service providers customers or subcontractors insofar as reasonably necessary for the purposes set out in Caught Coasting’s Privacy Policy. Personal information is only supplied to a third party when it is required for the delivery of goods and services or for marketing purposes.
8. Users’ Intellectual Property
8.1 All material and content posted or submitted by a User on the Website or Social Media are the intellectual property of that User. However, each User grants a free and irrevocable licence in perpetuity to Caught Coasting and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or Social Media or any other products and services offered by Caught Coasting, its related bodies corporate, partners, advertisers, suppliers or contractors.
9. No warranties and limitation of liability
9.1 To the extent permitted by law, Caught Coasting excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Caught Coasting is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Caught Coasting’s liability is limited (to the extent permitted by law) at its option to the following:
(a) in the case of goods supplied or offered by it:
(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by it:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
9.2 Caught Coasting, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:
(a) a User’s use of or inability to use the Website or Social Media,
(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website, or Social Media;
(c) any information available on or through the Website, Social Media or on or through any website to which there is a link from the Website or Social Media; or
(d) Caught Coasting’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.
9.3 Users indemnify Caught Coasting, its related bodies corporate, their officers and employees, and service providers) from and against all:
(a) liability to any third party;
(b) damage to property; and
(c) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to that User’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.
9.4 All complaints or disputes should be raised via methods and using such forms as may be determined by Caught Coasting from time to time.
10. Non-reliance, errors and revisions
10.1 The content of the Website or Social Media could include technical, typographical, or photographic errors. Caught Coasting does not warrant that any of the Materials on the Website or Social Media are accurate, complete, or current.
10.2 Materials are provided for User’s convenience and guidance only. Users should not solely rely on the Materials in making decisions in connection with the content of the Materials. In particular, laws and regulations change frequently, and while the Material may be accurate at the time of publication, they may not be at the time of access.
10.3 The Materials are not a substitute for a User’s own enquiries and exercise of reasonable precautions.
10.4 All outdoor activities include an element of risk. Fishing and boating have inherent dangers and risks, including risk of injury or death to the participant. Users acknowledges and agree that due to the nature of the activity, it would be unreasonable for Caught Coasting to be in any way responsible for any injury to or death of a User and the User hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases Caught Coasting for loss, damages, injury or death howsoever arising out of or in relation to the participation by a User in the activities described by Caught Coasting including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of Caught Coasting, its office bearers, directors, employees or agents.
10.5 Caught Coasting may make changes to the materials contained on its Website or Social Media at any time without notice. Caught Coasting does not, however, make any commitment to update the materials.
11. Links and Advertising
11.1 Caught Coasting has not reviewed the sites linked to or from the Website, Social Media or third party advertising. All links and advertising provided are for Users’ convenience only, and Caught Coasting is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Caught Coasting of the site. Use of any such linked website or advertising is at the User’s own risk.
12. Terms of Use Modifications
12.1 Caught Coasting may revise these terms of use for its Website or Social Media at any time without notice. By using the Website or Social Media, Users are agreeing to be bound by the then current version of these Terms and Conditions of Use.
13. Governing Law
13.1 Any claim relating to these Terms and Conditions of Use or the use of the Website, Social Media or Services will be governed by the laws of Victoria, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.
14. Severance
14.1 If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.
15. Definitions
Licence means a licence granted to use the Website and access the Materials, and includes both free licences and Paid Licences.
Licensees means a User that acquires a Licence.
Material means any text, content, data, information, video, audio, e-book or other content however described provided to the Licensee under a Licence which is downloadable for the Licensee’s personal use.
Price means the price set by Caught Coasting for goods or services from time to time
Social Media means any account controlled by Caught Coasting on the Facebook, Instagram, YouTube or similar social media platform.
Subscription means a subscription to a Paid Licence for a Price, which permits access to subscriber-only Materials
User means any person accessing the Website or Services provided by Caught Coasting.