SEAFOOD POSITIVE – ONE FISH TWO FISH PROGRAM – BUSINESS TO CONSUMER AGREEMENT
Last updated: January 2023
THIS IS A BINDING AGREEMENT between Seafood Positive Pty Ltd (Seafood Positive) and any person (you or your) who subscribes to participate in the OneFishTwoFish™ program, whereby you pay a fee based on your or your family's estimated annual seafood consumption (Subscription Fee) and proceeds are used to fund projects that result in more fish and greater marine biodiversity (Program), and you receive access to exclusive Program content via the website at https://seafoodpositive.org/ (Website).
By clicking accept, you agree to comply with, and be bound by, the terms and conditions set out below. If you do not agree to comply with, and be bound by, these terms and conditions, please exit and cease all use of the Website.
- IMPORTANT NOTES
By entering into these Terms you acknowledge and agree that:
- the Website and any content within it (Content) is designed for provision of information in relation to the OneFish TwoFish Program (Program);
- the Subscription Fee for your access to, and use of, the Website (and Content), is advertised on the Website and will be charged in accordance with the price level and payment frequency selected by you;
- Seafood Positive will utilise the Subscription Fee for the Program, in accordance with the Seafood Positive mission statement, as detailed on the Website from time to time;
- you have been provided with a copy of the Program Disclaimer Statement, which you have read and understood, including that you cannot direct that your Subscription Fee be allocated to specific projects within the Program;
- you are solely responsible for all actions or omissions undertaken by you, or any third party making use of your account, in connection with the use of the Website or Content;
- a Subscription to the Website is subject to payment of a recurring Subscription Fee, in accordance with clause 2.
- Payment of Subscription Fee: To register and create a user account for the Website, you will need to purchase a subscription, in accordance with the subscription options and payment terms you select as displayed on the Website. All payments must be in Australian dollars, by electronic funds transfer or credit card payment, to the bank account nominated by Seafood Positive, or other payment methods as otherwise notified by Seafood Positive.
- Automatic renewal: All subscriptions for the Program will automatically renew for the applicable time period you have selected and will be charged to the payment method used for the subscription at the time of renewal, until you cancel your subscription through the Website.
- No pro-rata refund: The Subscription Fee is payable in advance, no part of the Subscription Fee will be refunded to you should you cancel your subscription within any renewed period, or should this agreement be terminated in accordance with clause 5.
- USE OF THE WEBSITE AND CONTENT
- Ownership. You agree that all copyright and other intellectual property rights in the Website, including any documents, information or other materials appearing on or made available to you via the Website (Content), are owned by Seafood Positive (or its third party licensors).
- Licence grant. During the term of your subscription, you may view this Website and its contents using your web browser and electronically copy and print hard copies of parts of this Website solely for personal, non-commercial use.
- Content Use: You acknowledge and agree that you:
- will be solely responsible for the use of any Content hosted on the Website, and must not authorise use by, or disclosure to, any persons without Seafood Positive's prior written consent;
- must not use the Content otherwise than in accordance with these terms;
- must comply with Seafood Positive's directions from time to time in relation to use of the Content;
- must not alter, delete or interfere with any copyright or trade mark notice which appears as part of the Content;
- must not use the Website or Content for any commercial purpose, except as permitted by this Agreement; and
- must not use the Website or Content for any illegal, fraudulent or offensive purpose, or transmit any illegal, fraudulent or offensive material within the Website; and
- must not authorise or otherwise permit use of the Content (or any part of it) by any other person not licensed to use the Content under this Agreement.
- Access: On receipt of the Subscription Fee (and any other fees specified under this Agreement):
- Seafood Positive will provide you with access to the Website;
- you will receive access to the then-current version of the Content on the Website.
- Your user account: You are responsible for the security of your user account (including any user names, passwords or other authentication requirements) required to access the Website and Content and must keep any account name and password confidential and secure at all times. Seafood Positive will, at its discretion, provide you with any authentication or verification requirements for your user account, to access the Website.
- Exclusions. To the fullest extent permitted by law, we exclude all rights, remedies, guarantees, liability, conditions and warranties in respect of the use of our Website or reliance on information or Content displayed on or accessible via our Website.
- Australian Consumer Law. Nothing contained in these Terms is intended to exclude, restrict or modify the application of the Australian Consumer Law (under schedule 2 of the Competition and Consumer Act 2010 (Cth)) to the supply of any goods and/or services through our Website provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to:
- in the case of goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired; and
- in the case of services, the cost of supplying the services again or the payment of the cost of having the services supplied again.
- Consequential loss excluded. We will not be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of income or profits or loss of opportunity, whether in an action of contract, negligence, tort or in equity or otherwise arising in connection with the use of our Website or any information or content contained on our Website.
- Indemnity. You indemnify and release us and our directors, officers, employees and agents from and against any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise arising, in connection with your use of our Website or use or reliance upon any information or Content displayed on or accessible via the Website.
- TERM AND TERMINATION
- Term. This agreement continues to apply until terminated by you or by Seafood Positive.
- Your right to terminate. You may terminate this agreement and your subscription at any time by terminating your subscription through the Website.
- Automatic termination. Your rights automatically and immediately terminate, without the need for notice from Seafood Positive, if you fail to comply with any provision of this agreement. On termination of this agreement for any reason, you must cease accessing the Website and your licence to access and use the Content immediately terminates.
- Seafood Positive right to terminate. Seafood Positive may suspend your access to or use of the Website for any reason, at any time and for any period including if you are in breach of any term of this agreement, and Seafood Positive is not required to end the suspension until the breach has been rectified to Seafood Positive's satisfaction.
- Force majeure. Neither party is liable for any failure to perform or delay in performing its obligations under this agreement if that failure or delay is due to anything beyond that party’s control. If that failure or delay exceeds 60 days, either party may terminate this agreement with immediate effect by giving notice to the other party.
- Governing law. This agreement is governed by the laws of the State of Victoria, Australia, and the parties submit irrevocably and unconditionally to the exclusive jurisdiction of the courts of that State.
- Assignment. You may not assign your rights under this agreement or attempt or purport to do so.
- Entire agreement. This agreement and the Product Disclaimer Statement comprises the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and understandings between the parties in connection with it.
- Changes to our Website. We may change or update the Website from time to time to reflect changes in our users' needs, changes in law, our business practices or any other reason. We may suspend, withdraw or restrict the availability of any, or all parts of the Website for business, operational or any other reason.
- VARIATION OF TERMS
- Seafood Positive may vary terms. Seafood Positive reserves the right to revise and amend this agreement in its discretion, as follows:
- if Seafood Positive considers that the change is likely to benefit you or have a neutral or minor detrimental impact on you, it may make any changes immediately without notifying you except by publishing the amended agreement (or a link to the amended agreement) on the Website; or
- if Seafood Positive considers that the change is likely to have a significant detrimental impact on you, it will make the change after it has notified you of the change solely by displaying a notice on the Website describing the change.
- Deemed agreement to variation. Your continued use of the Website after an amendment will mean that you agree to that amendment. You must stop using the Website if you do not agree to an amendment.
We may collect, use and store your personal information in accordance with these Terms and our privacy statement available at https://seafoodpositive.org/policies/privacy-policy as amended from time to time (Privacy Statement), including for the purposes of making available the Website, complying with our legal obligations, and improving the user experience of the Website.