Welcome to TigerFish Tools
- When we talk about:
- ‘us’ or ‘our’, we mean our company as identified above
- ‘you’, ‘user’ or ‘your’, we mean you, the user of, or visitor to, our website
‘this website, our website’, we mean www.tigerfishtools.com and any other associated website/s and social media accounts, shopping platform/s, blogs, and any of our digital content sites
Updating our Terms
Accessing our website
Although we aim for continuous accessibility to our website and delivery of real time service, this can be dependent upon third party services. As a result, the website may be inaccessible from time to time. Our website is provided to you on an ‘as is’ and ‘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.
Using our website - username and password
If you are browsing, subscribing to our website or social media, or placing an order, you may need to select a username and password to access our full content. Information you provide needs to be accurate and complete. Passwords are accepted and can be withdrawn by us if we decide this is necessary. Any password to our website or services is exclusive to you and is not to be shared. Please keep your login and password strictly confidential.
Unlawful or prohibited use
You further expressly agree not to:
- use the website as a lead generation tool for the benefit of your own business, or to manufacture “lists” to help your own business
- engage in any internal or external spamming, or other similar actions
- engage in any unlawful or immoral acts, or acts which are in violation of these terms and conditions
- decompile, reverse engineer, or try to copy or imitate this website or any underlying content
- knowingly transmit any virus or other disabling feature to or via the website
Our website may contain links to other websites (‘linked sites’). Unless otherwise indicated, the linked sites are not under our control and we are not responsible for the contents of a linked site or any form of transmission received from any linked site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators (including the quality or fitness for any purpose of the linked sites).
Promoted Services Disclosure - Affiliate Promotion
If we promote third party products or services via our website it may be because they have provided sponsorship, donations or supported us in some way. The third party may be a business that we own, operate or control, or it may belong to someone else. What this means for you is that we can be paid a commission or receive a commercial benefit if you purchase products or services that we promote.
You must always exercise your own judgment based upon your own personal circumstances before using or purchasing third party products or services. You accept that we may receive a financial or commercial benefit from 3rd party transaction/s you enter into and that we are not liable to you for any loss or damage you may incur by relying upon promoted third party products or services.
Podcasts and Social Media / Blogging
The purpose of our social media accounts, podcasts and blogs are to inform and engage our customers. We value your feedback. Once again you must exercise your own judgement in relation to the information you may access or receive via our social media platforms and the fitness for purpose of any information, services or products that may be referred to.
Product Ratings & Reviews
We value the experience our customers have. You may be able to leave a review, photograph, star rating or opinion. You must be a verified purchaser to comment on our business, product, or services. We may take legal action to protect our reputation and business investment if non-genuine or defamatory comments are made. By submitting a rating, review, opinion, or testimonial you agree that what you say (or images you send us) is non-confidential and non-proprietary. You grant us irrevocable, unrestricted, royalty-free license to use, modify, adapt, reproduce, communicate in any way and to creatively build from or develop content from what you say (or images you send us).
We reserve the right to investigate and verify any rating, review, opinion, or testimonial. We remove any content that we do not agree with. We reserve the right to moderate or reject any content we receive.
We also review content posted about us on third party websites. We may ask you to remove untrue or harmful content. If you refuse to do so, we may take legal action to protect our business.
Copyright, Trademarks, and other Intellectual Property
We own the intellectual property rights in the contents of our website and have permission to use or display the material on them. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website/s content in whole or in part except as expressly authorised by us.
The name of our company, our products and product designs are owned by us, whether registered or not. Our trademarks belong to us. Please consider our rights and contact us if you are uncertain about whether you have permission to use our product names, service and content description and methods, product design and images. Unless we give you permission in writing, we do not grant you any rights (express or implied) or any license to use our website/s content or our intellectual property.
Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.
Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to use our website content or our intellectual property. If we grant you permission to access, download or print material from our website, it must be for your personal use only. You agree not to change or delete any copyright or proprietary notice from materials downloaded from this website or any site accessible through this website.
If you believe that there is material on our website that infringes third party intellectual property rights, please contact us, and provide us with sufficient information to enable us to determine who is the owner of the intellectual property and to determine if there has been an infringement. If we form the reasonable belief that there has been an infringement, then we will remove it from our website.
Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us.
As an Australian based business, we are not compelled to comply with the United States Digital Millennium Copyright Act 1988 (DMCA).
We make commercially reasonable efforts to maintain the security of our website. However, we do not guarantee the security of the website, our records, or your content. We disclaim all liability for any computer virus or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.
Limitation of liability
We will not be liable to you or any other person or entity for any damages whatsoever arising from your use of our website in any way, subject to the requirements of applicable consumer law. This loss may include, but is not limited to, loss arising because of:
- errors, mistakes, or inaccuracies on our website/s or contained in our product descriptions, blogs, social media posts, research, articles, recommendations and product reviews or statements made about our products or business
- you acting or failing to act on information contained on or referred to above
- personal injury or property damage of any kind resulting from your access or use of our website/s
- any unauthorised access to or use of the website/s servers
- any interruption or cessation of transmission to or from our website/s
- any bugs, viruses or other digital corruption or harmful code or communication transmitted to or via our website/s by any third party
Where warranties are implied by law, you acknowledge and agree that our total aggregate liability is limited, at our discretion, to either the provision of those services again, or to a refund equal to the total amount paid by you for the services that are the subject of the cause of action, even if those services were provided to you without cost.
This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of any quote, invoice, warranty, or agreement you have with us or your use of this website or the services found on this website. This limitation is not intended to exclude or limit any rights which you may have under Australian Consumer Law.
When we provide a point-of-sale facility, online digital payment system, method, or a shopping cart payment gateway, we rely on third-party platforms. We reserve the right to reject Orders or transactions that have incomplete, inaccurate or potentially fraudulent information.
To the extent permitted by law, we will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by you because a credit card or other payment method or account is fraudulently used or is used in an unauthorised manner.
You must assemble and use our products as instructed and for the intended advertised purpose. To the extent permitted by law, we will not be liable for any loss or damage arising from our product/s or services, whether direct, indirect, special, incidental, or consequential, including warranty, contract, negligence or other legal cause or reason. We will not be liable for other claims or damages, including, but not limited to, a claim for faulty design, negligent or misleading advice, damages arising from loss or use of the product and any indirect, incidental, or consequential damages or injury to any person, corporation, or other entity. If you do not know how to use our product safely, or if you suspect a fault or damage that may interfere with the proper use or function of our products, you must immediately stop using the product.
You agree to indemnify and defend us to the fullest extent allowed by law from all claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:
- any content you post via this website;
- your unauthorised use of this website, or products or services included or advertised on this website;
This does not limit our obligation to comply with lawful directions given to us by government, courts, law enforcement. If we are directed to provide information about your use of our website/s and the direction is lawful, then we will comply.
E-COMMERCE TERMS OF SALE
The United Nations Conventions for the International Sale of Goods 1980 (Vienna Convention), is expressly excluded from the sale of goods made via this website.
We take all reasonable care to ensure that all details, descriptions, and product prices appearing on our website are correct at the time when this information was entered onto our system. We strive to keep our website as up to date as possible, however, all information, including product descriptions, appearing on our website at a particular time are subject to change. Our products change and evolve. We reserve the right to withdraw any product/s from our website at any time and/or remove or edit any materials or content regarding our products at any time. Photographs and videos on our website/s are for illustrative purposes and while strive to ensure that these images match our end user purchased product, there may be some variances from time to time. An example of this would be a product improvement or a change of colour.
Prices, Payments, Taxes
Prices displayed on our website are in the currency displayed at the time of purchase. We will process payments in the same stated currency. Currency exchange rate fluctuations and additional taxes and levies can also occur. We cannot predict fluctuations and while we will do our best to estimate taxes and levies, we cannot be held responsible. To the extent permitted by law any additional taxes, levies, currency, credit card or bank charges, are your sole responsibility.
Prices that we advertise are also subject to change. If we make a change it is effective immediately upon us posting the new price on our website. We may make changes also via email or our social media pages.
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.
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.
Placing an Order
When you place an Order with us you enter a contract for sale and supply of product/s. This contract is formed by the offer you make to purchase our products at the advertised price via our website by:
- placing an electronic Order for the product/s using our website
- making payment in full for the goods, plus any applicable delivery and transit insurance charges
- acceptance of that offer by us
When you enter a sale contract via our website, you are taken to have communicated your offer to purchase the products when:
- the requirements set out in these terms have been met to our satisfaction
- the electronic instruction containing the offer from you enters and is recorded in our database as being received and accepted by us
- a record is created and stored in our database
- and cleared payment in full is received by us for the product/s, delivery, transit insurance and any additional packaging and handling fees that we may have advised you apply
You agree that:
- the transmission of your offer or the confirmation of payment, made through an electronic instruction may not be received by us for reasons beyond either parties’ reasonable control
If you use our Shopping Cart, then we will sell and supply the products shown on your Order confirmation. If you make a mistake or wish to amend your Order, notify us immediately, by emailing email@example.com
Please choose carefully and re-check the details that you provide to us. If you change your order after it has been received additional charges may be incurred by you, including delivery fees, for example, if your original order has already been despatched.
Insurance for goods in transit
Title and risk in the products, including loss and damage in transit, ultimately passes to you once payment has been completed, whether on delivery or pick up. We will reasonably assist you where it is possible, however, you should take steps to ensure that your delivery is insured against such events as loss and damage in transit. The cost of arranging insurance is your responsibility unless you specifically ask us (and we agree) to arrange transport insurance on your behalf. You will need to pay us the fee that we quote for this insurance on top of the product cost before we despatch your goods. If you arrange your own pick up or decide not to take insurance for loss and damage in transit, then you will be solely responsible for any loss, damage or costs that you incur.
If we arrange the transit insurance on your behalf, please do not sign for the delivery of goods that have obvious damage. Carton and packaging damage may mean that the product has been damaged in transit. If you accept delivery, write down the down on the delivery driver’s document, details of the damage. Take a photograph of this document. If damage is only discovered once you have opened the product packaging, let us know by emailing firstname.lastname@example.org and while we are not to be held responsible for damage in transit, if we can assist you to notify the transporter we will do so.
Despatch to You
Products must be paid for in full before despatch or collection via cleared funds. We may refuse a transaction for any reason at our discretion and will not be liable to you or any third party because we have refused or declined a transaction, or due to unwinding or suspending any transaction after processing has commenced or due to us withdrawing a product from our website or editing or removing any materials or content, including our product description.
TigerFish Tools aims to despatch all orders within 1-3 business days of your order being received. We will contact you or place a notice on our website if delay is expected. We will use our best endeavours, although we do not warrant that these timeframes will always be met, as many factors affect despatch and delivery. We also cannot be responsible for delivery failures or delays by third party delivery contractor/s, Australia Post or International Post carriers or any other postal or delivery service provider.
REFUND POLICY – 100% CUSTOMER SATISFACTION GUARANTEE
TigerFish Tools offers a 100% customer satisfaction and a 100% refund guarantee (“our 100% customer satisfaction guarantee”). By this we mean our products can be returned within 30 days of receipt of payment for the goods for a full refund if:
- you change your mind about your purchase and the product is unopened (change of mind returns) or
- you have used our product and you are not 100% satisfied with our product performance (satisfaction guarantee)
If this occurs, we will provide you with a 100% refund of the product cost, less any delivery and/or transit insurance or handling charges, provided that our product has not have been subjected to misuse or abnormal use. If either occurs then we are not obliged to provide a refund, exchange, or repair.
This does not limit your rights and remedies under Consumer Guarantees at law.
Under Australian Consumer Law :
- if there is a major failure with the product, you may choose a refund, exchange or repair
- if there is a minor failure with the product, we may choose to repair the product, or at our discretion we may replace the product
within a reasonable time.
Where you believe a product is faulty, stop using it immediately, and let us know that you believe the product may be faulty. We will instruct you on what information to send us (i.e., sending us photographs or video of the product, information about where and when the product was purchased and how the product is performing).
This agreement is governed by the laws of the State of Queensland, Australia and you consent to the exclusive jurisdiction and venue of courts of that place, in all disputes arising out of or relating to the use of this website.
You may provide notice to us through the ‘contact us’ page on our website (if available) or otherwise by using our contact details above and sending the notice by email or mail addressed to ‘the Directors’. We may provide notice to you via email or other electronic means.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us because of this agreement or use of this website.
Our performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement can be used to inhibit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website, or regarding information provided to or gathered by us with respect to your use.
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.
Compliments or Concerns
If you are happy with our products, please send us a Testimonial (email@example.com), your compliments are appreciated.
We aim to respond to all communication within two (2) business days.