Terms of use

 

Shark Mates is a collaboration between Monash University, VRFish, the Victorian Fisheries Authority and Flinders University (together “Shark Mates”, “we”, “us” or “our”) and has been funded by the Australian Government through the Fisheries Research and Development Corporation (“FRDC”). 

 

By using the Shark Mates service or website (which includes www.sharkmates.com.au) (“Service”), you are entering an agreement with us which includes the Disclaimer, the Terms and Conditions of Use and the Privacy Policy (together the “Terms”). If you do not agree with these Terms please do not use the Service.

 

Disclaimer

The materials and information contained in the Service are presented for information purposes only and are provided “as is”.

 

The materials and information are not exhaustive, and the Service cannot always reflect the most recent research and guidance in all areas of fishing and handling of sharks or rays. Information on the Service presents some of the more commonly found issues and guidance which are likely to be of general interest in connection with handling of sharks or rays but does not cover all such scenarios.

 

It is your responsibility to identify whether any or all of the general guidance provided by Shark Mates is suitable for the particular circumstances and environment in which you may be fishing and the shark or ray you may find yourself handling.

 

It is your responsibility to ensure that you are sufficiently skilled and experienced for the fishing activities you intend to undertake, and that you hold all licences, consents and insurances as may be required for or that are appropriate to your circumstances and activities.

 

The materials and information contained in the Service are not a substitute for professional training; if you require training in any of the skills or techniques outlined on the website, you should obtain professional guidance specific to your needs.

 

You acknowledge that: (i) fishing activities generally, and specifically the handling of sharks or rays, may be dangerous and may be in the nature of an “extreme sport” and as such, there are inherent dangers and risks, including risk of injury or death, to you and others involved in such activities; (ii) you undertake such activities freely, voluntarily and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the activities; and (iii) due to the dangerous nature of such activities, it would be unreasonable for Shark Mates to be in any way responsible for any injury to or death of you or other participants in these activities.

Accordingly, to the fullest extent  permitted by law: (i) you waive all your legal rights of action against and fully release Shark Mates for loss, damages, injury or death howsoever arising out of or in relation to your participation in such activities (including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty by Shark Mates or their personnel); and (ii) Shark Mates does not accept any liability for any claims, losses or damages (whether direct or indirect) to any person who does rely on the content of this website.  No advice or information, whether oral or written, obtained by you from Shark Mates or through or from the Service shall create any warranty or other obligation not expressly stated in the Terms. 

 

To the extent liability is not excluded by these Terms, Shark Mates’ liability is limited to correcting, updating or replacing the applicable information contained in the Service in respect of which liability arises.

 

Terms and Conditions of Use

1. All material contained on this site (including its selection and arrangement) is protected by copyright or other proprietary rights which belong to Shark Mates and its licensors. All rights are fully reserved.

 

2. All data obtained by Shark Mates is held and used in compliance with the Privacy Act 1988 (Cth), applicable Victorian privacy legislation and the Shark Mates Privacy Policy.

 

3. You are not permitted to change, store, copy, publish, sell or distribute any material on this website without our prior consent in writing. Any such consent is at our discretion, and may be conditional upon you registering as a Shark Mates ambassador via the website or other conditions we may require.

 

4. We may provide links to sites owned and operated by third parties. We have not reviewed all of the third party websites linked on the Shark Mates website and do not endorse the content of such sites. If you visit such sites, this is undertaken at your own risk.

 

5. You agree that your use of this website is at your sole risk and it is provided by us on an “as is” and “as available” basis. We give no warranties in connection with the website or its contents including but not limited to warranties of satisfactory quality, fitness for any particular purpose or non-infringement of third party rights. Subject to the consumer guarantees provided for in the Australian Consumer Law, we make no warranty that:
   
          a) the website and/or any information will meet your requirements;
          b) your access to and use of the site will be continuous, timely, secure, or error-free; or
          b) any errors or inaccuracies will be corrected.
   
   

6. If your use of the website results in the need for servicing or replacing equipment or data, this will not be at our risk or expense. Shark Mates does not accept responsibility for damage arising from unavailability of the website or from the introduction of a virus, worm, trojan, or other harmful or disruptive component to any computer or device used by you as a result of using this website.

 

7. You agree to fully indemnify us in respect of any and all losses and expenses (including legal fees) incurred by us in connection with any breach by you of these Terms.

 

8. If you are younger than 18, you must obtain a parent’s or legal guardian’s consent to use this website and to accept these Terms. If your parent or legal guardian does not provide this consent, you must not use this website.  In providing such consent, your parent or legal guardian warrants that they will supervise you in connection with all activities to which this website relates, including your fishing and handling of sharks and rays.

 

9. These Terms form the entire agreement between us in connection with your use of the website and supersedes all other prior agreements between us.

 

10. Occasionally we may, in our discretion, make changes to the Terms. Your use of the Service will be governed by the most recent Terms posted on this website. By continuing to use the Service, you agree to be bound by the most recent Terms. It is your responsibility to check the website regularly for updated versions of the Terms.
    
    
11. Any legal action or proceedings arising between you and Shark Mates in relation to this website shall be governed by the law of Victoria and you submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.