Members Terms and Conditions
[Last updated 24 February 2021]
www.tigerfishtools.com is made available by Frelk Industries Pty Ltd ABN 74 134 287 120, Queensland.
Acceptance of Members Terms and Conditions
When we talk about ‘we’, ‘us’, ‘ours’ or TigerFish Tools, we mean Frelk Industries Pty Ltd trading as TigerFish Tools, including our officers, employees, successors and assigns, and excluding the independent businesses of the joint collaborators. Any reference to ‘you’ or ‘yours’ means you as a user of our website.
We update our Member terms and conditions from time to time. Any new provisions will apply from the date they are updated. You should check this page from time to time for changes. Your continued access to and use of your Account constitutes your acceptance of changes to these terms and conditions.
You can cancel your registration and membership entirely as set out below.
Without limiting Australian consumer laws, we will not be responsible for any direct or indirect loss or costs incurred because of a change by you or us.
Creating your account
You must create an account to purchase a product or become a subscriber to our membership services. You must be over 18 years old to create an account and use our services.
When creating an account, you agree:
- to abide by our social media rules of engagement (these can be found at the end of these terms)
- to provide true and correct details when you set up your account
- to keep your username and password secure and confidential and not to share your access with anyone else
- to accept electronic communications from us (you may unsubscribe from these at any time)
- to keep your contact details up to date
- not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, including other members and our staff
- to make any payments due associated with your account when they are due
- to contact us if you believe that your account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach
We reserve the right to suspend, terminate or disable your account if we believe that you are in breach of any of these terms and conditions.
You may use your account on more than one device however we use IP address tracking software that tracks the IP address of every device that accesses our paid content and the email address associated with all active accounts. If we suspect you have shared your log-in details and, as a result of our investigation, we reasonably determine you are in breach of these terms, without limiting any other rights we may have, we reserve the right to close your account and prohibit you from opening a new account.
Member Account Storage and Deactivation
We can only store and make accessible the data for a period of three (3) years from the date that you cease to be a Member (account deactivation). After three (3) years we will permanently delete all deactivated member accounts and content. We are not responsible for any loss or damage or inconvenience that may arises because of your account deactivation and we are no obliged to give you on-going or further access.
We may retain financial and business records for seven (7) years to discharge our Australian taxation reporting obligations.
Although we aim for continuous accessibility to our website, this can be dependent upon third party services. As a result, the website may be inaccessible from time to time. If you need our support accessing your Member Account, retrieving login or password, or to report a website outage or disruption, you can reach our IT team at email@example.com.
Our website is provided to you on an ‘as available’ basis. We may need to restrict access to our website, for example, during website maintenance or because of suspected misuse. If, for any reason, our website is unavailable, we are not liable to you for any loss or damage incurred.
Payment Platforms and Shopping Carts
We accept payments using Stripe and PayPal via our online ThriveCart which allows us to sell our services to you. We do not take custody of or store your card details, although our payment processors may store that information on our behalf. If you are uncertain about how to use our online payment platforms or shopping carts, please let us know.
When you use our shopping cart/s inside or outside of Australia, you are using a third-party platform. Each third-party platform has its own set of legal policies. For example, an international customer service platform that we use is www.amazon.com. If you create an order using Amazon.com then you also agree to the Amazon.com legal policies (which we do not write or control). You should read and understand any third-party platform legal policies and can usually access this information of the provider’s website, i.e. on the Amazon.com website you will find: Amazon.com Help: Conditions of Use, Amazon.com Help: Amazon.com Privacy Notice.As with other third-party platforms we cannot guarantee third party services and will not be responsible for any errors or interruption to third party platform servers or services.
Future Products or Services
We may share information about our future products and designs on our website/s or with you in another form of communication. When we make a public statement about our product designs and plans, this is an expression of our intent, but should not be relied on when making a purchase. When you decide to buy our products and services, your decision should be based on the functionality and features we make available on the day of purchase and not on the delivery of any future functionality or features.
Our prices are fixed. If we place an offer on our website, it is restricted to the terms and conditions that we will publish with that offer. If we offer a shipping promotion, it may apply only to selected goods and selected locations.
Social media content
Content in our closed Facebook group or any other social media platforms, public comment areas or forums may be contributed by third parties. The person contributing that content is responsible for what they have provided. If you have any concerns about that content, you should contact the author directly. Views and opinions of third parties are not necessarily shared by us. We may at our discretion moderate these areas, however we are not obliged to do so.
If you use any of our social media platforms, you agree, as a condition of use, to:
- Not to post or distribute any inappropriate, profane, defamatory, infringing, obscene, or indecent content or discuss an unlawful topic.
- Not to post inappropriately negative, rude or attacking comments.
- Keep your posts on topic.
- Respect the privacy of others. Every member of our community has the right to privacy. Please do not share information that is not yours to share.
We may at our discretion moderate our social media platforms, however we are not obliged to do so.
If you break the rules, we may suspend your involvement in the group or permanently terminate your access.
If we consider the offence to be serious, in addition to the above, we may also contact the authorities and share the posted content and corresponding user personal information with the authorities where we are concerned about the safety of any person or threat to our business.
While me may enforce this policy against a user, we are not obliged to do so.
You warrant to us that at all relevant times you will use our products for their intended purpose, following industry accepted safety standards together with any instructions provided by us for the safe and proper use of our products. You warrant further that you will not misuse or mistreat our products in a way that may create a risk your own safety or that of any other person including end user of your own products or services, or any business interest that you are associated with or undertaking work on behalf of.
We aim for our Member Accounts, our website and digital platform and content to be accurate and up to date but do not accept any responsibility for errors or omissions, this includes where a price has been advertised in error. We may amend our website content at any time without notice.
Subject to any other clause in this agreement, to the maximum extent permitted by applicable law, anything contained on our website and that our digital platform and content is provided ‘as is’ without warranty or condition of any kind.
Limitation of liability
Our services are provided on an ‘as is’ basis. To the extent that the law allows, we exclude all other warranties, representations, implied terms and guarantees about currency, accuracy, suitability, functionality or reliability of our Website, and resources or our digital platform content.
Without limitation we do not warrant that our website or its functions or your access to your Member Account , will be uninterrupted or error free, or that errors will be corrected, or that our website is impenetrable to service interruption, delays, errors, or viruses.
We will not be liable to you or any other person or entity for any damages whatsoever arising because of your use of our website in any way, subject to the requirements of Australian Consumer Law.
Where warranties cannot be excluded under the Australian Consumer Law (ACL), you are entitled:
- to cancel our services;
- to a replacement or refund for a major failure, and compensation for any other reasonably foreseeable loss or damage; and
- to have the materials repaired if the materials are not of acceptable quality and the failure does not amount to a major failure.
In all other circumstances, to the fullest extent permitted by law, and without limiting the application of the ACL, you agree the total aggregate liability to us for any claim(s) by you in respect of any service or product we provide to you, together with any other claim arising out of this agreement, is limited to the total amount paid by you to us for that service or product. This limitation of liability shall survive any termination or expiration of this agreement or your use of this website or the services or materials found on this website.
To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude all liability for loss and damage (including but not limited to direct, indirect, special or consequential loss, loss of profits, loss of data, loss of time or opportunity, which you suffer.
This agreement is governed by the laws of the State of Queensland, Australia and you consent to the exclusive jurisdiction and venue of court in this State.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of these terms and conditions or your use of or registration as a member or subscriber on our website.
If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms and conditions will continue in effect.