Shimano Australia Fishing Pty. Ltd.
Terms and Conditions
1. OUTLINE
1.1 Currency: These Terms and Conditions apply to the provision of all Services by us to you
from the date that you accept these Terms and Conditions.
1.2 Acceptance: You accept these Terms and Conditions and the Privacy Policy and agree to be
bound to them:
1.2.1 when you submit your email address on our Website;
1.2.2 when you check the Terms and Conditions opt in box on our Website; or
1.2.3 by accessing and using the Services or by continuing to use the Services.
1.3 Minors: If you are under 18 years old you acknowledge that a parental guardian has explained
these terms and conditions to you and you understand these terms and conditions.
2. USAGE OF THE SERVICES
2.1 Permitted usage: You may view and download Content provided by the Services for your personal
non-commercial use, provided that you do not change or remove any Intellectual Property Rights
contained in the Content.
2.2 Non-permitted usage: You must not use the Services or the Content for the following purposes:
2.2.1 the reproduction or distribution of the Content in any material form;
2.2.2 the re-transmission of the Content by any medium of communication;
2.2.3 uploading and/or reposting the Content to any other site or location on the WWW, on-line
service or bulletin board;
2.2.4 framing the Content on the Website with other content or material on any other WWW site or
location, on-line service or bulletin board.
2.3 Modification: You may not modify or copy the layout of the Website or any computer software
or code contained in the Website.
2.4 Other non-permitted usage: You may not decompile, reverse engineer, disassemble, rent, lease,
loan, sell, sublicense or create derivative works from the Website or Content, nor may you use
any network monitoring or discovery software to determine the site architecture, or extract
information about usage, individual identities or users. You may not use any software, device
or manual process to monitor or copy the Website or Content without our prior written permission.
2.5 Lawful purpose: You shall ensure that the Services are used only for lawful purposes and in
accordance with any applicable laws and you shall not use the Services or content in any way that:
2.5.1 violates or infringes the rights of any person, including any Intellectual Property Rights;
2.5.2 is defamatory, threatening, obscene, indecent, pornographic or could give rise to any civil or
criminal liability; or
2.5.3 includes any computer viruses, worms, trap doors, Trojan horses, hacks or any other harmful
software code.
3. SUSPENSION AND TERMINATION
3.1 Termination by you: You may terminate access to our Services by unsubscribing by clicking the
Unsubscribe button on our Website and submitting your email address.
3.2 Termination or restriction by us: We may terminate access or restrict your use of our Services
at any time, at our discretion, without notice or any explanation or justification for the
termination or restriction and we have no liability for any costs, losses or damages of any kind
arising as a consequence of terminating or restricting your access to our Services.
3.3 Termination by Default: If a Default Event occurs, without limiting any other right we have under
these Terms and Conditions, our Services shall terminate immediately.
3.4 Content on termination: On termination of the Services for whatever reason, you must immediately
destroy any downloaded or printed Content provided pursuant to the Services.
4. EXCLUSIONS AND LIMITATIONS
4.1 ACL exception: The exclusions and limitations in this clause 4 are subject to clause 5 (Statutory Rights).
4.2 Excluded rights: All express or implied representations, conditions, statutory guarantees, warranties
and provisions (whether based on statute, common law or otherwise), relating to these Terms and Conditions,
that are not contained in it, are excluded to the fullest extent permitted by law
4.3 Limitation of liability: Any liability arising in relation to Services that we provide to you, however arising
and whether for consequential loss or otherwise, including any liability arising by virtue of any representation
or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
4.4 Limitations: No warranty is given and we will not be liable for:
4.4.1 interference with our Services for which we are not responsible;
4.4.2 damage or loss caused by unusual or non-recommended use of our Services; or
4.4.3 loss caused by any factors beyond our control.
4.5 Indirect loss: We will not be liable for any special, indirect, consequential or economic loss or damage
or loss of profits (in contract or tort or arising from any other cause of action) suffered by you or any
other person resulting from any act or omission by us (including breach, termination or non-observance
of the terms of these Terms and Conditions (including our Privacy Policy).
4.6 Total liability: Our total liability for breach of these Terms and Conditions or breach of our contractual
obligations or duties at law or in equity (however arising) is limited at our option to provide the Services again.
4.7 Third party work If we obtain services from a third party in order to carry out our Services:
4.7.1 we will not be liable for any breach of these Terms and Conditions if that breach is as a result or is
connected with the provision by a third party of such services;
4.7.2 we acquire such services as agent for you not as principal and will have no liability to you in relation to the
provision of these services; and
4.7.3 any claim by you in relation to the provision of such services must be made directly against that third party
at your own cost.
4.8 Third party websites: Any links to third party websites provided as part of our Services are provided as a
convenience to you and at your own risk. Any third party websites and their content are not controlled, reviewed
or endorsed by the Company and are not the responsibility of the Company.
4.9 Third party website liability: We make not warranties and accept no liability in relation to content contained
on third party websites.
5. STATUTORY RIGHTS
5.1 ACL rights: In circumstances where you are considered to be acquiring Services from us as a 'consumer' for the
purposes of (and as defined in section 3 of Schedule 2 of) the ACL, we acknowledge and agree that certain statutory
guarantees and rights shall apply to you as provided by relevant laws but subject to these Terms and Conditions as
applicable and where permitted by relevant laws.
5.2 No restriction: Nothing in these Terms and Conditions excludes, restricts or modifies any condition, warranty,
statutory guarantee, right or remedy implied or imposed by common law, statute or regulation which cannot be
lawfully excluded, restricted or modified, which may include the ACL and corresponding provisions and relevant
laws of State or Territory legislation containing implied terms and/or statutory guarantees which operate to
protect the purchasers services in various circumstances.
5.3 Unfair contract: If section 23 of the ACL applies to any provisions in these Terms and Conditions, any such
provision(s) shall be void to the extent it is unfair within the meaning of section 24 of the ACL.
6. INTELLECTUAL PROPERTY
6.1 Your intellectual property If you provide us with Material to be used in the provision of the Services:
6.1.1 you warrant and represent to us that any Services supplied to you based on the Material you provide to us will
not infringe the Intellectual Property Rights of any third party; and
6.1.2 you indemnify and will keep us indemnified from and against any and all claims, liabilities, obligations, expenses
or damages which we may suffer or incur as a result or in connection with the representation or warranty in clause
6.1.1 being untrue or breached.
6.2 Licence: You grant to us an exclusive license throughout the universe to use all Intellectual Property Rights in
all Materials for so long as necessary or convenient at our discretion for the production of the Services and the
matters contemplated in relation to the delivery of the relevant Services, without any compensation to you.
6.3 Our intellectual property: All Intellectual Property Rights in and relating to the production, development and
provision of the Services (excluding Materials licensed to us pursuant to clause 6.2) will remain our property and
will not be used, reproduced, distributed, displayed or transmitted in any manner, for any purpose to any other
person by you without our prior written consent, other than in relation to the use of such information on the Website
as part of our Services.
6.4 Company confidential information: You shall keep confidential and shall not use any confidential information communicated
by us to you without our prior written consent.
7. USAGE OF INFORMATION
7.1 Information submitted by you: Subject to the Privacy Policy, any information submitted or posted by you while using the
Services, including, but not limited to, know-how, techniques, questions, comments and suggestions shall not be considered
confidential and you shall waive all rights to any such information.
7.2 Company usage of information: Subject to the Privacy Policy, we shall have the exclusive, royalty free and transferable
right to use, copy, distribute, display, transmit or create derivative works from, any Materials or information submitted
or posted by you while using the Services, by any means and in any form and may modify any such information in any way at
our discretion, without any compensation to you.
7.3 Usage of information: You agree that you understand that we shall use your information pursuant to this clause 7.
8. DISPUTE RESOLUTION
8.1 No proceedings: A party must not start court proceedings in respect of a Dispute unless it has complied with this clause 8.
8.2 Notice: A party claiming that a Dispute has arisen must notify each other party to the Dispute giving details of the Dispute.
8.3 Authorised representative: During the Initial Period after a notice is given under clause 8.2 each Disputant must authorise a
representative to use their best efforts to resolve the Dispute.
8.4 No resolution in Initial Period: If the Dispute is not resolved within the Initial Period, the Disputant that initiated the
Dispute must within 10 days refer the Dispute to arbitration by an arbitrator as agreed between the Disputants.
8.5 Nominated arbitrator: If the Disputants fail to nominate an arbitrator within 10 days, the Disputant that initiated the Dispute
may request the Institute of Arbitrators and Mediators Australia to nominate a single arbitrator pursuant to the rules of commercial
arbitration of that institute.
8.6 Binding: The decision of the arbitrator will be final and binding on the parties.
8.7 Legal representation: A party may be represented at the arbitration by a legal practitioner.
8.8 Noncompliance: If, in relation to a Dispute, a Disputant breaches any provision of clauses 8.1 to 8.7, each other
Disputant need not comply with clauses 8.1 to 8.7 in relation to that Dispute.
8.9 The parties agree that the courts of New South Wales shall have non-exclusive jurisdiction to settle any dispute or
claim that arises out of or in connection with these Terms and Conditions.
9. GENERAL
9.1 Indemnity: You agree to indemnify and keep us indemnified in respect of all damages, losses, costs and expenses
(including legal costs) that we may incur as a result of your breach or alleged breach of these Terms and Conditions.
9.2 Binding: These Terms and Conditions shall bind our successors, administrators and permitted assigns and your executors
and permitted assigns, or, being a company, its successors, administrators and permitted assigns.
9.3 Time of the essence: Time shall be of the essence in relation to any date or period under these Terms and Conditions.
9.4 Variation: We may vary these Terms and Conditions at any time without notice to you.
9.5 Force Majeure: If a Force Majeure Event occurs, we may:
9.5.1 totally or partially suspend our Services or any part of our Services during any period in which we may be prevented or
hindered from delivering our Services by our normal means due to that Force Majeure Event; and
9.5.2 elect to extend at our discretion the period for performance of an obligation under these Terms and Conditions as is
reasonable in all the circumstances.
9.6 Severability: Each clause in these Terms and Conditions is severable and if any clause is held to be illegal or
unenforceable, then the remaining clauses will remain in full force and effect.
9.7 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any
other or further exercise of that or any other power, right or remedy.
9.8 Governing law: These Terms and Conditions shall be governed by the laws of the State of New South Wales.
10. INTERPRETATION AND DEFINITIONS
10.1 Personal pronouns: Except where the context otherwise provides or requires:
10.1.1 the terms we, us or our refers to the Company; and
10.1.2 the terms you or your refers to the Customer.
10.2 Defined terms: In these Terms and Conditions, unless otherwise provided, the following terms shall have their meaning as specified:
ACL means the Australian Consumer Law under the Competition and Consumer Act 2010 (Cth) as amended.
Collateral means property that is subject of a security interest.
Company means Shimano Australia Fishing Pty Ltd
Content means all content, information and software provided on and through the Website.
Customer means any person or entity that agrees by conduct or by virtue of notice or otherwise to be bound by these Terms and Conditions
including any related company, related party, officer and authorised person of the relevant person.
Default Event means any breach by you of the usage of the services specified in clause 2 of these Terms and Conditions.
Disputant means a party to a Dispute.
Dispute means a dispute arising out of or related to these Terms and Conditions.
Force Majeure Event means circumstances beyond our reasonable control shall include, but not be limited to compliance with any laws,
regulations, orders, acts, instructions or priority request of any government, or any department or agency, civil or military authority,
acts of God, acts of the public enemy, your acts or omissions, fires, floods, strikes, lockouts, embargoes, wars, labour or material
shortages, riots, insurrections, defaults of our suppliers or subcontractors, delays in transportation, or loss or damage to Goods in transit.
Initial Period means the 14 day period after a notice of a Dispute is given under clause 8.2.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs,
patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all
extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future including, but not limited
to, the Company's website www.shimanofish.com.au and the website graphics, content, design, images, audio or video.
Material(s) means any material in which you have Intellectual Property Rights provided by you for use by us in the production, development
and provision of the Services to you.
Privacy Policy: means our privacy policy detailed at http://www.shimanofish.com.au/publish/content/global_fish/en/au/index/privacy-policy.html
Services means our Website and services provided by the Company on its Website from time to time, including, but not limited to, reviews on
the latest equipment from Shimano, articles and newsletters on fishing and Shimano equipment, tips and tricks from fishing professionals
and/or fishing enthusiasts on how to use fishing equipment and online competitions.
Website means www.shimanofish.com.au
WWW means the world wide web.
You must accept the terms and conditions to enter this competition.
OUTLINE
1.1 Shimano Australia Fishing Pty Ltd (Shimano) has created this privacy policy in order to demonstrate its commitment to
protecting personal privacy.
1.2 In this policy "us" and "we" refers to Shimano.
1.3 Shimano is bound by the Privacy Act 1988 (Cth) (Act) and is committed to complying with the Act and protecting the
privacy of personal information that it collects and holds.
1.4 We may, from time to time, review and update this policy. All personal information held by us will be governed by the
most recently updated policy.
THE PURPOSE OF THIS POLICY
2.1 This Privacy Policy explains:
- what information we collect;
- how we collect personal information;
- how we use personal information;
- disclosure of personal information;
- your right of access to your personal information;
- your right to inspect and, where necessary, correct the personal information that we hold about you;
- your right to have your personal information protected from misuse or unauthorised access; and
- your right to have your privacy complaints investigated and resolved.
WHAT INFORMATION WE COLLECT
3.1 Personal information we collect about you may include your name, date of birth, address, telephone number, gender and email address including any other information from which your identity is apparent or can be reasonably ascertained (Personal
Information).
3.2 We also collect information that is not Personal Information such as data relating to your activity on any of our websites (including the Shimano website (www.shimanofish.com.au) or Shimano Shack website (www.shimanoshack.com.au) (together Website)) (Other Information).
3.3 Other Information we collect may include:
- The Internet Protocol address and a component of the domain name used (e.g. .com or .net).
- The type of browser and operating system you used.
- The date and time you visited the Website.
- The web pages or services you accessed at the Website.
- The time spent on individual pages and the Website overall.
- Which files you downloaded.
HOW WE COLLECT PERSONAL INFORMATION
4.1 Shimano only collects Personal Information from you.
4.2 The Personal Information may be provided by you using the Website or by telephone, face-to-face or in writing.
4.3 If at any time you provide Personal Information about anyone other than yourself, you warrant to us that you have that person's consent to provide such information for the purpose specified.
4.4 You are not obliged to give us your Personal Information. If you would like to access any of our services or features of our
Website on an anonymous basis we will take reasonable steps to comply with your request.
WHY WE COLLECT PERSONAL INFORMATION AND HOW WE USE IT
5.1 The primary purpose for collecting your Personal Information is to provide you with the goods and services you have requested and to maintain a record of individuals who have participated in any features on our website including our online blogs and competitions (Primary Purpose).
5.2 In addition to the Primary Purpose, we may use the Personal Information we collect and you consent to us using your Personal
Information to:
- provide you with news about our products;
- send you marketing and promotional material that you may be interested in;
- communicate with you, including by email, telephone and mail;
- manage and enhance our products or your experience on our Website;
- conduct competitions or promotions;
- verify your identity;
- investigate any complaints about, or made by you, or if we have reason to suspect you have breached our terms and conditions; or
- as required or permitted by any law.
DISCLOSURE OF PERSONAL INFORMATION
6.1 We may disclose Personal Information and you consent to us disclosing Personal Information to third parties:
- engaged by us to perform functions or provide products or services on our behalf such as mailouts, marketing or rtising; This may also mean your information is held in offshore locations for the purposes of these services.
- that sponsor or promote any competition;
- authorised by you to receive information held by us; or
- as required or permitted by any law.
6.2 You will generally be given the opportunity to “opt out” from receiving communications from us in accordance with this policy. You may “opt out” by clicking a link on the email communications sent to you or by writing to us at Shimano Fishing Australia, 36 Bay Road, Taren Point NSW 2229.
RIGHT OF ACCESS TO YOUR PERSONAL INFORMATION
7.1 You have a right to access your Personal Information, subject to certain exceptions provided for in the Act.
7.2 If you require access to your Personal Information, please contact Shimano Fishing Australia, 36 Bay Road, Taren Point NSW 2229.
7.3 You are required to put your request in writing and provide proof of identity.
7.4 We request that you keep your Personal Information as current as possible.
7.5 You may, upon inspection of the Personal Information we hold about you, write to us to correct any errors in the Personal Information.
SECURITY
8.1 Other than in relation to Other Information, we will take all reasonable steps to protect the Personal Information that we
hold from misuse, loss or unauthorised access and disclosure including by means of password access and secure servers.
8.2 You acknowledge that the security of communications sent by electronic means or by post cannot be guaranteed. We cannot accept responsibility for misuse, loss or unauthorised access to or your Personal Information where the security of information is not within our control.
8.3 If you suspect any misuse or loss of your Personal Information please contact us immediately.
COMPLAINTS
9.1 If you have a complaint about how we collect, use, disclose, manage or protect your Personal Information please contact us in writing.
9.2 We will respond to any written complaint within 14 days of receiving the complaint.
CONTACT
Please forward all correspondence in respect
of this policy to:
Privacy Manager
Shimano Fishing Australia
36 Bay Road
Taren Point NSW 2229
P/ (02) 9526 2144