Terms of Service
Effective Data 23 September 2024
Last updated 23 September 2024
Welcome to The Fish Girl App, operated by The Fish Girl Software Pty Ltd (“we”, “us”, or “our”). Before using the app, please read and accept these Terms of Use (“Terms”). These terms define our responsibilities as a service provider and your obligations as a user. If you do not agree to these terms, you may not use the services provided through the app.
1. Joining and Using The Fish Girl App
- You and The Fish Girl App: When we refer to “you” or “your,” it means both you and any business or entity you represent. “We,” “our,” or “us” refers to The Fish Girl Software Pty Ltd.
- Our Services: Our services include providing access to information and on suppliers, producers, and chefs within the aquaculture industry.
- Creating a Subscription: By subscribing to The Fish Girl App, you become a subscriber, responsible for managing your subscription, including payments.
- User Roles and Access: If you are the subscriber, you may invite other users to access the app, assigning different access levels as required. You are responsible for managing access and permissions for all invited users.
- The Right to Use Our Services: As long as the subscription is active, you are granted a limited, non-exclusive right to use our services. We reserve the right to revoke access if the terms are violated or subscriptions are not maintained.
2. Pricing and Payments
- Trial Subscriptions: You may opt for a trial period, after which you must provide payment details to continue using the app. If you choose not to continue, your trial will end, and you may delete your account.
- Subscription Fees: Ongoing access to the app is subject to monthly or yearly subscription fees based on your selected plan. Pricing details are provided during signup. We reserve the right to amend pricing plans with prior notice.
- Taxes: You are responsible for any taxes applicable to your use of the app, including but not limited to GST or VAT, depending on your region.
- Additional Services: If you opt for additional paid services, such as future order processing, those fees will be communicated clearly before you commit.
- Payment Responsibilities: Timely payment of subscription fees is required to maintain access. We reserve the right to suspend or terminate your subscription if payments are delayed.
3. Data Use and Privacy
- Data Ownership and Use: You retain ownership of all data you enter into The Fish Girl App. However, by using the app, you grant us a license to use, store, and process your data to provide services, improve our offerings, and ensure compliance with legal obligations. This includes sharing data with third-party providers as necessary.
- Privacy: We take privacy seriously. Our Privacy Policy governs how we collect, use, and protect personal information. Please review the Privacy Policy, which forms part of these Terms.
- Data Security: We take reasonable steps to protect your data, including encryption and secure storage. However, no system is completely secure, and we cannot guarantee absolute protection against data breaches.
- Data Breach Notifications: If there is unauthorised access to personal data, we will notify you in accordance with applicable legal requirements. You may need to assess whether you must notify affected individuals or authorities.
4. Confidentiality and Intellectual Property
- Confidential Information: Any confidential information shared between us during the course of using the app will be protected from unauthorised disclosure. This obligation continues even after you stop using the app.
- Intellectual Property: All intellectual property rights in the app, including design, trademarks, and copyrighted content, belong to The Fish Girl Software Pty Ltd. You agree not to modify, copy, distribute, or use our content without express permission.
- Data Security: We take reasonable steps to protect your data, including encryption and secure storage. However, no system is completely secure, and we cannot guarantee absolute protection against data breaches.
- Data Breach Notifications: If there is unauthorised access to personal data, we will notify you in accordance with applicable legal requirements. You may need to assess whether you must notify affected individuals or authorities.
5. User Conduct and Responsibilities
- User Responsibilities: You are responsible for providing accurate information, keeping your account details secure, and maintaining strong passwords. You must not use the app for unlawful activities, introduce harmful software, or attempt to access the app in unauthorised ways.
- Prohibited Conduct: You must not :
- Violate any laws or regulations.
- Share malicious software or disrupt the app’s functionality.
- Use the app to send spam or engage in fraudulent activities.
- Attempt to reverse engineer, decompile, or copy the app’s source code.
6. Third-Party Services and Integration
Third-Party Products: The app may integrate with third-party services to enhance functionality (e.g., payment gateways). Any such integration will be governed by the terms and conditions of those third-party providers. We are not responsible for the performance or pricing of these third-party services.
7. Downtime and Data Loss
Service Availability: We strive to keep the app available 24/7, but occasional maintenance or unforeseen events may result in downtime. We will provide notice of planned maintenance where possible.
Data Backup: You are responsible for backing up your data. While we take precautions, we are not liable for data loss except as outlined in these Terms.
8. Termination and Suspension
Termination by You: You may terminate your subscription by providing us with one month’s notice. You will be responsible for any subscription fees due up to the date of termination.
Termination by Us: We may terminate your subscription with notice or immediately if you violate these Terms, fail to pay fees, or if we suspect fraudulent activity.
No Refunds: If your subscription is terminated, no refunds will be issued for any unused portion of your subscription.
9. Limitation of Liability and Indemnity
Indemnity: You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising from your use of the app, except where caused by our negligence or wilful misconduct.
Limitation of Liability: Our liability is limited to the amount you have paid for the app in the last 12 months. We are not responsible for indirect or consequential losses, including lost profits or data.
10. Dispute Resolution
Indemnity: You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising from your use of the app, except where caused by our negligence or wilful misconduct.
Limitation of Liability: Our liability is limited to the amount you have paid for the app in the last 12 months. We are not responsible for indirect or consequential losses, including lost profits or data.
11. Amendments and Notices
Changes to These Terms: We may update these Terms periodically. Changes will not apply retrospectively, and we will notify you of any significant changes via email or in-app notifications. If you find any changes unacceptable, you may terminate your subscription.
Notices: You can send any notices to example@gmail.com. We will send notices to the email you provide during subscription.
12. Governing Law and Venue
Governing Law: These Terms are governed by the laws of Queensland in Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of that region.