Thank you for joining our community and signing up to use the Fishily application and software (“Fishily”). The term “you” or “user” refers to whoever accesses or otherwise uses Fishily. Anybody who accesses or otherwise uses Fishily must do so under the following Terms of Use.
The Terms of Use are a legal agreement. By using Fishily, you are agreeing to the Terms of Use, our Privacy Policy, Community Guidelines and to the use of your personal data. It is important you read these carefully before using Fishily. We may update this agreement from time to time and it is your responsibility to review updated Terms of Use.
Fishily is a mobile application that allows users to link up with other users to either request company on fishing trips or offer to accompany others on fishing trips.
As explained section [2] below, please be aware that if you subscribe to Fishily Premium, then the terms of your subscription will automatically renew at the end of your subscription period at the cost of Fishily’s then-current fee for such services, unless you cancel your subscription in accordance with section [2] below.
1.1 Fishily is free and anybody 16 years of age or older is able to create a User account, subject to clause 1.9.
1.2 To use Fishily, you must register with accurate and complete information when creating a User account, including, but not limited to:
1.3 Failure to provide accurate information will constitute a breach of these terms and result in termination of your Fishily account.
1.4 You agree to:
1.5 You agree that you are liable for any activities that occur under your User account, even those not committed by you.
1.6 Fishily is not responsible for any loss or damage as a result of someone else using your User account, registration information or password with or without your knowledge.
1.7 You acknowledge that your User account will be viewable by other Fishily users.
1.8 Use of Fishily is not for any users who have previously breached our T&Cs and have been removed as a result.
1.9 If you are 16 years old or over and under the age of 18, you must have your legal guardian, who is at least 18 years of age, consent to use of Fishily on your behalf.
1.10 Your account will be terminated if there is any reason under New Zealand law that prohibits you from using Fishily’s services. For example, a criminal conviction.
1.11 Any use of Fishily that breaches any regulation or law is not permitted and breaches may be reported to the relevant authority.
2.1 The following benefits available to those Users with a Fishily Premium paid membership include but are not limited to:
2.2 The benefits described in clause 2.1 above may be removed, updated, or added to at the sole discretion of Fishily.
2.3 Membership fees for Fishily Premium will automatically renew and be charged to the Users preferred method of payment at the then-current fee unless membership is terminated by the User prior to renewal.
2.4 For every Fishily Premium membership Fishily will give $1 one dollar to a registered charity nominated by Fishily.
3.1 Fishily retains all right, title and interest in Fishily, throughout the world, in perpetuity, including, without limitation;
3.2 You acknowledge that we may generate economic benefit from your use of Fishily through advertising and that, unless specifically permitted, you have no right to a share of said economic benefit.
3.3 Fishily will not derive any direct economic benefit from any Trip posted by a user, Fishily is solely an app for keen anglers to meet and discuss the terms of the Trip between themselves; in no way does Fishily take a commission/fee, or structure or mandate the terms of that Trip.
3.4 Subject to your compliance with the Terms of Use and any other relevant policies, Fishily grants you a personal, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to:
3.5 You agree that any software updates will automatically download in accordance with the specifications of the device you are accessing Fishily with.
3.6 You may not sell, rent, lease, assign, distribute, copy, modify or host any part of Fishily. As well, you may not adapt, merge, make adaptions, translations or derivate works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of Fishily, except to the extent these restrictions are expressly prohibited by applicable law.
4.1 Parts of Fishily allow you to create, upload, post, send, receive and store images, videos, messages and other information (“Personal Content”).
4.2 You give Fishily a license to use your Personal Content. Fishily does not claim ownership.
4.3 You grant Fishily a non-exhaustive, royalty-free, transferable, sublicensable, worldwide license to host, use, distribute, adapt, modify, run, copy, publicly perform or display, publish, translate and create derivative works of your Personal Content (consistent with our Privacy Policy).
4.4 You authorize other users of Fishily and other third-parties to view, access, use, download adapt, modify, reproduce and make derivative works of, publish and/or transmit your Personal Content in any format and on any platform, either now known or hereinafter invented.
4.5 You grant us a royalty-free license to use your user name, image, voice and likeness to identify you as the source of any of your Personal Content.
4.6 You can end these licenses anytime by deleting your content or account. If you shared content with others and they have not deleted it, it will still appear beyond the deletion of your own account.
4.7 You also grant us a non-exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to:
4.8 Owners or operators of third-party services will not have any separate liability to you or any other third-party for Personal Content posted or used on such third-party service via Fishily.
4.9 You give us permission to show your username, profile photo, and information about your actions (such as messages) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Fishily, without any compensation to you.
4.10 We may review, screen and delete your Personal Content and/or user account at any time if we think it may violate the Terms of Use. You are responsible for the Personal Content that you send through Fishily.
4.11 Any feedback or suggestions you volunteer to Fishily can be used in any manner we deem appropriate.
4.12 You agree that Fishily may establish general practices and limits concerning maximum number of days that Personal Content is retained, maximum storage space on your behalf or other relevant limits.
4.13 You agree that Fishily has no responsibility or liability for the blocking, deletion or failure to store any Personal Content maintained or transmitted by Fishily.
5.1 By posting Personal Content to Fishily, you waive any rights to prior inspection of approval of any marketing or promotional materials related to such Personal Content.
5.2 You waive any rights of privacy, publicity, or any other rights of a similar nature in connection with your Personal Content, or any portion thereof.
5.3 You waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any Personal Content you post to or through Fishily to the extent those moral rights are not transferable or assignable.
5.4 You represent that you have all necessary rights to perform the foregoing activities in respect of your Personal Content as required by applicable laws.
6.1 Our Privacy Policy sets out how we handle your information. By using Fishily, you agree to how we can collect, use and share your information.
7.1 When using Fishily, you agree to our Community Guidelines as well as the following:
7.2 Without limitation to the foregoing, you may not upload, post, send, comment on or store content that:
7.3 You agree not to use Fishily to:
7.4 You are solely responsible for all of your interactions within Fishily.
7.5 You agree that any interactions within Fishily will be conduct professionally, civilly and respectfully.
7.6 You acknowledge that Fishily will not be responsible for the actions of any other users with respect to contact or Personal Content and that Fishily does not actively monitor or police the specific interactions between users of Fishily.
7.7 You hereby release, disclaim and hold Fishily harmless from and against any and all liability resulting from interactions with other users and Personal Content of other users.
7.8 Fishily reserves the right to determine what constitutes harassment, mischief, or unacceptable conduct with or towards other users or Personal Content. If such a determination is made, Fishily reserves the right to terminate or suspend access to Fishily.
8.1 Any invitation to a user to either request to join a fishing trip or arrange for others to join their trip can be done as “Trips”.
8.2 Users lodging Trips:
9.1 We, our affiliates and licensors as applicable, retain all ownership and intellectual property rights in and to:
10.1 If you use a service, feature or product offered through “Third Party Services” (including those we jointly offer with a third party), that third party’s terms will govern their relationship with you.
10.2 Please read and understand those terms and investigate any features that are important to you before using any Third Party Services.
10.3 Fishily is not responsible or liable for the third-party terms or content on Third Party Services or actions taken under the third party’s terms.
10.4 Fishily does not necessarily conduct a detailed review of and makes no promises about the Third Party Services.
10.5 By using any Third Party Services, you agree that Fishily may transfer the necessary information to the applicable Third Party Services.
11.1 We are always improving Fishily. We may add or remove features, products or functionality, and we may also suspend or stop Fishily at any time without notice.
11.2 We reserve the right to terminate these Terms of Use or deactivate your Fishily account if we think you have violated these Terms of Use for any reason.
11.3 We may reclaim usernames if you have been inactive for at least three month or have violated these Terms of Use, for example by infringing trademarks.
11.4 We reserve the right to remove any content or information you share on Fishily if we believe that it violates these Terms of Use, our policies or we are permitted or required to do so by law, or in response to complaints from other users or third parties, with or without notice and without any liability to you.
11.5 We have the right to remove, disallow, block or delete any posting you make on Fishily if, in our opinion, that post does not comply with the content standards set out in these Terms of Use.
11.6 We can refuse to provide or stop providing all or part of Fishily to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms of Use or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law.
11.7 As a result, we recommend that you save copies of any Personal Content that you post to Fishily on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such Personal Content.
11.8 We do not guarantee the accuracy, integrity, appropriateness or quality of any Personal Content, and under no circumstances will we be liable in any way for any Personal Content.
11.9 If you believe your account has been terminated in error, or you want to disable or permanently delete your account, consult our help center.
11.10 Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it.
11.11 If this agreement is terminated by you deleting your account or your discontinued use of Fishily or any other reason, you will remain liable for any use of your account prior to deletion of discontinuation.
12.1 To the extent permitted by law, Fishily and its affiliates make no warranties or representations and any content or features thereon available on Fishily, including but not limited to, the accuracy, reliability, completeness, appropriateness, timeliness or reliability thereof.
12.2 Fishily will not be subject to liability for the truth, accuracy or completeness of any content on Fishily or any other information conveyed to any user, or for errors, mistakes or omissions therein, or for any delays or interruptions of the data, or the information stream from whatever cause.
12.3 As a user, you agree that you use Fishily and any content thereon at your own risk.
12.4 You are solely responsible for all Personal Content you upload to the service.
12.5 Fishily does not warrant that it will operate error-free or that any content or features are free of computer viruses or similar contamination or destructive features.
12.6 If your use of Fishily or any content thereon results in the need for servicing or replacing equipment or data, Fishily will not be responsible for those costs.
12.7 Fishily is provided on an “as is” and “as available” basis without any warranties of any kind.
12.8 We also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
12.9 In no event will any Fishily party be liable for any special, indirect, punitive, incidental or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from, or in connection with, the use or inability to use Fishily and any content thereon, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Fishily has been advised of the possibility of such damages.
12.10 Fishily’s liability, and the liability of any other Fishily parties, to you or any third parties in any circumstance is limited to $100 NZD.
12.11 Fishily does not control what people and others do or say. Fishily is not responsible for actions, conduct or content.
12.12 Fishily is not responsible for services and features offered by other people or companies, even if accessed through Fishily.
12.13 You agree to defend, indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms of Use of your use of Fishily. You will cooperate as required by us in the defense of any claim.
12.14 Fishily reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
12.15 Any user offering or using their boat for hire or reward in New Zealand may be considered a commercial ship under the Maritime Transport Act 1994 and will need to comply with all applicable Maritime Rules. It is the user’s responsibility to know whether they are operating a commercial ship and to ensure it complies with all legal requirements. Failure to comply will result in the user being removed from Fishily and they may be referred to Maritime New Zealand.
13.1 If any part of the Terms of Use is found to be invalid, illegal or unenforceable for any reason, then that provision will be severed from these Terms of Use to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
14.1 The laws of New Zealand govern these terms
14.2 All rights not granted to you are reserved by Fishily and all intellectual property in Fishily is owned or licensed by us.
14.3 These Terms of Use are the final, complete and exclusive agreement between you and Fishily and supersede all prior agreements between us.
14.4 Except where prohibited by applicable law, we reserve the right to change these Terms of Use at any time without notice.
14.5 Your continued access to and use of Fishily after changes to these Terms of Use indicates your acceptance of such changes. It is your responsibility to review these Terms of Use regularly.
14.6 If we choose not to enforce any part of the Terms of Use, this does not equate a waiver.
14.7 You are unable to transfer your rights or obligations under this agreement without our consent.
14.8 The word “including” means including without limitation.
14.9 We may assign these Terms of Use in connection with a merger, acquisition, reorganization or sale of all or part of its assets, or bankruptcy or other operation of law, with your consent.
14.10 If we need to contact you about the Terms of Use, you:
15.1 We may change Fishily and policies, and we may need to make changes to these Terms of Use so that they accurately reflect Fishily and policies. Unless otherwise required by law, we will notify you before we make changes to these Terms of Use and give you an opportunity to review them before they go into effect. If you continue to use Fishily, you will be bound by the updates. If you do not want to agree to these updates, you can delete your account by contacting us at [email protected].
If you have any questions or suggestions about our terms of use, do not hesitate to contact us at [email protected].