Disclaimer

General Rules Of User Conduct:

It is Kaydo’s goal to make the use of the site and services a positive, enriching and harmonious experience for all of users. Users therefore agree not to do any of the following:

  • conduct or promote any illegal activities while using the site or services;
  • upload, distribute or print anything that may be harmful to children;
  • attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the site;
  • attempt to gain access to secured portions of the site or services to which you do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the site or services to generate or distribute unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the site or services, or to interfere in any way with the proper functioning of the site or services; or
  • impersonate another user.

Log Files:

Kaydo use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demo-graphic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers may log standard access information including browser type, access times/open mail, URL requested, and referral URL.

Cookies:

Like most interactive web sites getfishing.com.au uses cookies to enable Kaydo to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some affiliate partners may also use cookies.

Links To This Website:

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links To Third Party Sites:

Kaydo do not have control over websites that Kaydo Fishing World may link to. Kaydo Fishing World may contain links to third party websites that are not owned, operated, or controlled by Kaydo Fishing World. There-fore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party website. By using Kaydo Fishing World users expressly relieve Kaydo from any and all liability arising from use of any third party website.

Termination:

Kaydo may change or discontinue the site or any of the services at any time without prior notice. Kaydo reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you breach any of the terms and conditions set forth below. In the event of any termination, you will immediately stop using our site and Kaydo services. Any voucher issued prior to termination will be honoured according to its terms and the terms of this Agreement specifically applicable to such voucher.

Disclaimer:

Kaydo provide the site and services ‘as is’, ‘with all faults’ and ‘as available’. Kaydo and sponsors make no express promises or guarantees about the site, services or tournaments.

To the maximum extent permitted by law, Kaydo and its employees, agents, and sponsors disclaim any implied contractual promises that the site and services are of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.

Kaydo do not promise or guarantee that Get Fishing will meet your requirements, is error-free, without interrup-tion or available at all times. We do not promise or guarantee that the results that may be obtained from the use of Get Fishing, including any tournaments, will be effective, reliable, accurate or meet your requirements. We make no promises as to privacy and security other than as expressly stated in our privacy policy. We do not promise or guarantee that users will be able to access or use the site or services at times or locations of their choosing. No oral or written information or advice given by a Kaydo Fishing World representative shall create any contractual promise. Users may have additional consumer rights under your local laws that this contract cannot change.

Limitations of Liability:

We accept liability for death or personal injury caused by our negligence or that of our employees and agents. We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. You have certain rights under the law which include that we will provide the Site and Services to a reasonable standard. Nothing in this Agreement is intended to affect these statutory rights. For more information about your statutory rights contact your local state or territory consumer protection agency.

If we breach these Terms we shall only be liable for losses which are a reasonably foreseeable consequence of such a breach, up to a maximum of the total amount of fees that you have paid us during the previous 12 month period for the specific service at issue. Losses are foreseeable where they could be contemplated by you and us at the time of entering into this Agreement. We are not responsible for:

  • losses not caused by our breach;
  • indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into this Agreement, for example loss of profits or loss of opportunity;
  • content posted by other users;
  • contracts entered into with third parties;
  • loss of data;
  • loss of goodwill;
  • computer malfunction or failure;
  • business or commercial losses caused to non-consumers; or
  • failure to provide the Site or Services or to meet any of our obligations under this Agreement where such fail-ure is due to Events Beyond Our Control. “Events Beyond Our Control” means any cause beyond our reasonable control which prevents us from providing the Site or Services or fulfilling any of our other obligations under this Agreement and includes but is not limited to disruptions to the internet, fire, flood, storm, riot, civil disturbance, war, nuclear accident, terrorist activity and acts of God.

Indemnity:

You agree to compensate Kaydo Fishing World for all losses, expenses and other costs (including but not limited to reasonable legal fees) incurred by Kaydo Fishing World which are caused by your breach of this Agreement. Any claim that any Content submitted by you causes damage to a third party. This defence and compensation obligation will survive the termination or expiry of this Agreement and your use of Kaydo Fishing World.

Reservation of Rights and Release:

Kaydo Fishing World reserves the right, but has no obligation, to monitor, or take any action Kaydo Fishing World deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, you waive and release us from any and all claims or liability related to any content posted on the site and from any and all claims related to the conduct of any other customers of ours or any merchants.

Intellectual Property:

Users acknowledge and agree that Kaydo Fishing World and its licensors retain ownership of all intellectual property rights of any kind related to the site and services, including applicable copyrights, trademarks and other proprietary rights. Kaydo are not granting any licence to users under any of those intellectual property rights by virtue of this agreement, except for the limited right to use the site and services in accordance with this agreement. ‘Kaydo Fishing World’ is our trademark. Other product and company names that are mentioned on the site or provided as part of the services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.

The content on Kaydo Fishing World, excluding all intellectual property of other sites obtained by way of API and/or linking and content posted by our customers, is owned by Kaydo Fishing World. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to Kaydo Fishing World, subject to copyright and other intellectual property rights under Australian law, the law of the jurisdiction where you reside, and international conventions. Content provided by Kaydo Fishing World is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever with-out the prior written consent of the respective owners. Kaydo reserve all rights not expressly granted by this Agreement in and to the site and services.

As between each user and Kaydo, the user retains any intellectual property rights in any copyrighted materials and trademarks that are contained in content posted to the site. The user grants Kaydo an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, worldwide licence, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of the user’s intellectual property rights related to the content in any manner we choose. If the user has any rights to the content that cannot be licensed to us (such as moral rights), the user unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.

Copyright Notice:

We respect the intellectual property of others, and we all users to do the same. If a user is a copyright owner or an owner’s agent and find Content that infringes upon that user’s copyrights, they may notify Kaydo’s Copyright Agent with the following information in writing:

(1) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is true and accurate to the best of your knowledge and belief that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. Kaydo Fishing World designated Copyright Agent to receive notifications of claimed infringement can be reached by emailing admin@kaydofishingworld.com

Electronic Communications:

The communications between a user and Kaydo Fishing World is via electronic means, whether you visit the site or send us emails, or whether Kaydo Fishing World posts notices on the site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Kaydo Fishing World in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Kaydo Fishing World provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Changes to this Agreement and Waivers:

We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is a user’s sole responsibility to check the site from time to time to view any such changes in the agreement. If you do not agree to any changes, if and when such changes may be made to the Agreement, you must stop using our Site and our Services. Your use of our Site and our Services after any modifications to the Agreement indicates that you agree to such modified Agreement. Any changes to this Agreement (other than as set forth in this paragraph) or waiver of Kaydo Fishing World rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Kaydo Fishing World. No purported agreement not to enforce any right or modification of this Agreement by Kaydo Fishing World via telephone or email shall be valid.

General Terms:

Users and Kaydo are independent contractors, and nothing in this agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this agreement. Membners may not assign this agreement or their rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this agreement be held ineffective, invalid or unenforceable by a court or regulator, the other provisions shall continue to apply. If a user breaches this Agreement and Kaydo take no action against that user, we will still be entitled to use our rights and remedies in any other situation where you breach this agreement. Kaydo’s rights under this agreement will survive any termination of this agreement.

Kaydo will do our best to resolve any disputes over this Agreement. If a user wishes to take court proceed-ings against us, you must do so within Australia. Relevant Australian law will apply.

Each user will represent they are legally able to accept these terms of service and enter into this agreement. The user confirms they are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into this agreement, and to comply with this Agreement. And as stated in the Conditional Use of Our Site and Service (as above) confirm they are, in any case, 13 years of age or older. If you are not of this age, you must stop using the Kaydo Fishing World site and our services.