1. Definitions

In this agreement:
“Carrier” means any person or business contracted by us to carry goods from us to you, whether all or part of the distance.
“Our Website” means the entire computing hardware and software installation that is or supports our website/s.
“Goods” means any of the goods & services we offer for sale.
“Content” means any material in any form published on our website by us or any third party with our consent.

2. Our Contract With You

These terms and conditions apply:
2.1 So far as the context allows to you as a visitor to our website; and
2.2 In any event to you as a buyer or prospective buyer of our goods.
2.3 We may change these terms from time to time. The terms that apply to you are those posted here on our website on the day you order goods.
2.4 If we owe you money on account of your cancellation, we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order (see point 6 for details).

3. Your Account With Us

3.1 You agree that you have provided, and will continue to provide accurate, up to date and complete information about yourself. We need this information to provide you with the goods.

4. Price & Payment

4.1 We endeavour to keep our prices updated and accurate but it is possible that the price may have increased from that published. If that happens, we will not send your order until you have confirmed that you wish to order at the new price.
4.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australan Dollars will be borne by you.
4.3 Prices include Australian Goods & Services Tax (where applicable). If you reside outside Australia, GST may be deducted.
4.4 For goods supplied, payment must be received within the payment term stated on the invoice (starting from the ‘invoice sent’ date), unless a longer payment term has been agreed in writing. If the customer fails to make payment on the due date then without prejudice to any other right or remedy available to Fishbowl Service Support, Fishbowl Service Support shall make contact with the customer to retrieve payment and may also be entitled to charge the customer interest (both before and after any judgement) on the amount unpaid, at a rate of 8% per annum above Reserve Bank of Australia base rate from time to time, until full payment is made. The customer may not withhold payment of any invoice or other amount due to Fishbowl Service Support by reason of any right to offset or counter-claim which the customer may have or allege to have for any reason whatsoever.

5. Delivery

5.1 Goods and services are supplied wholly online, and no delivery fee is associated with the delivery of the materials.

6. Cancellation of Order

6.1 You may cancel your membership at any time within 7 working days from the date we receive your order.
6.2 As required by the Distance Selling Regulations, details of our after-sales service and guarantees, if any, are given on our website.
6.3 We will refund your money within 30 days of receiving your request for cancellation.

7. Foreign Taxes, Duties & Import Restrictions

7.1 If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
7.2 You are responsible for purchasing goods which you are lawfully able to utilise and for the payment of any associated duties and taxes of any kind levied in your country.

8. Goods Returned

8.1 Returns & Refunds Policy – Standard Items

8.1.1 Any membership purchased may be cancelled within 7 working days of the date ordered.
8.1.2 This must be your first subscription to the service, and the first time you have requested a cancellation.
8.1.3 Both these conditions must be met to receive a full refund.
8.1.4 The refund will be processed within 3-5 working days. (Depending on the bank provider, this may take up to 30 days to clear.)
8.1.5 You must tell us by email (contact@fishbowlservicesupport.com.au) to request cancellation of your account if you wish to obtain a refund.

9. Disclaimers

9.1 1 We or our content suppliers may make improvements or changes to our website, the content, or to any of the goods, at any time and without advance notice.
9.2 You are advised that content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the goods for your purpose;
9.3.2 the truth of any content on our website published by someone other than us;
9.3.3 compatibility of our website with your equipment, software or telecommunications connection.
9.4 Our website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of our website or the purchase of goods.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.
9.8 Specific flags on product pages are there for guidance purposes only. Essentially it is at customer’s discretion if the product is fully suitable for their individual setting.

10. Content & Intellectual Property Rights

10.1 We will defend the intellectual property rights in connection with our goods and our website, including copyright in the content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all content of our website. Title, ownership rights, and shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries.
10.3 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part.
10.4 You may not use our name or logos or trademarks or any other content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any content.

11. System Security

11.1 We will do our best to maintain our website so that you have constant use, but there will be times when your use may be interrupted.
11.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of our website.
11.3 You may not use any software tool for the purpose of extracting data from our website.
11.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.

12. Indemnity

12.1 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our website, your posting any material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.

13. Miscellaneous Provisions

13.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
13.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
13.3 Nothing in this agreement or on our website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
13.4 If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13.5 No waiver by us, in exercising any right, power or provision in this agreement shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
13.6 In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
13.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
13.8 This Agreement shall be governed by and construed in accordance with the law of Queensland. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

16. Use of Promo Codes & Offers

16.1 Promo codes provided to you will have their value and expiry date detailed. Unless otherwise stated, promo codes will be valid from the time you receive details of them. Promo codes cannot be used in conjunction with other promo codes or offers from us.
16.2 Your use of the promo code is subject our standard terms and conditions
16.3 To redeem the promo code, you type the promo code into the promotional code box in the checkout section of the website and the discount will appear automatically. If you fail to enter the code at the time of purchase (or fail to quote over the phone or via email when placing your order), your purchase will not be eligible for the discount. Discounts cannot be claimed after you have confirmed your purchase
16.4 The promo code is not redeemable for cash and we prohibit the posting of the promo code on the internet or any public forum.