Terms of service

OVERVIEW 

This website (Website and Store) is brought to you (you) by the Foundation for Indigenous Sustainable Health Ltd (FISH, we, us and our). Our Store is hosted by Shopify Inc, who provides the online e-commerce platform that allows us to sell products to you (Service).

These terms and conditions (Terms), which incorporate our Privacy Policy, Returns Policy and other documents referred to within these Terms, govern the supply of the Service and your use of the Website. By browsing, accessing, visiting or otherwise using our Website and/or ordering a product (Order), you agree to be legally bound by these Terms. We may change these Terms at any time and any revised Terms will be made available on our Website. By continuing to use the Website, you agree to be bound by any revised Terms.

Please read these Terms carefully before you access or use our Website. If you do not agree to all of the Terms, then you may not access the Website or use the Service.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. 

  1. ACCESS AND USE OF THE WEBSITE
    • By agreeing to these Terms, you represent that you are at least the age of majority in your country, state or territory of residence and that you have the capacity to enter into a legally binding agreement with us.
    • You must only use the Website in accordance with these Terms and any applicable law (including but not limited to copyright laws).
  2. INFORMATION ON THIS WEBSITE
    • The Website and the content on the Website are subject to copyright and other intellectual property rights. These rights are owned by, or licensed to, FISH.
    • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided, without express written permission by us or, where applicable, the relevant third party merchants, suppliers and/or product manufacturers.
    • Information about the Service and products in the Store is based on material provided by third party merchants, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law), we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us by these third parties.
    • To the maximum extent permitted by law, we do not accept responsibility for any loss, damage, cost, expense or injury you or a third party suffers as a result of reliance by you upon the accuracy or currency of information contained on this Website.
    • We have made every effort to display as accurately as possible the colours and images of the products that appear in the Store. However, due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Website.
  3. ORDER AND PROVISION OF SERVICE
    • When you make an Order, you must follow the instructions on the Website as to how to make your Order and for making changes to your Order before you submit it.
    • When you make an Order, you are responsible for the accuracy of your account and other information, including, for example, your delivery address, email address, and credit card numbers and expiration dates. You agree to promptly update any relevant information so that we may accept your Orders and contact you as needed.
    • You must pay for an Order in full at the time of ordering by one of the payment methods we accept on the Website. You must be fully entitled to use the payment method used for purchases. We are not responsible for the decisions of payment providers to allow you to use their service, or provide any warranties or assurances about them.
    • The full price for the Order will be the price of the product(s), including Goods and Services Tax ("GST") and any other charges, including any insurance costs (if selected by you) and charges you are liable for in order to have the products delivered to the address you have provided to us. Unless otherwise stated, all prices are in Australian dollars.
    • When you make an Order, you expressly authorise us, before accepting your Order, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit card number to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.
    • When you place an Order, you will receive from us an Order confirmation by email (Order Confirmation). The Order Confirmation will only be an acknowledgement and will not constitute our acceptance of your Order. A contract between us for the purchase of the product(s) (Contract) will not be formed until you receive a shipping confirmation email from us (Shipping Confirmation Email). We are not obliged to supply the product(s) to you until we have accepted your Order. We may in our discretion refuse to accept an Order from you for any reason, including but not limited to:
      • the unavailability of stock;
      • we suspect that you might act in a manner inconsistent with the Terms including, but not limited to, clause 2;
      • if we are unable to deliver to your specified delivery address;
      • if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud; or
      • if there has been an error in the imagery, price or product description on the Website.
    • If you cancel your Order before we enter into the Contract, or if we refuse to accept your Order, we will promptly refund any payment already made by you to your original payment method. If we refuse to accept your Order, neither you nor us will be under any further obligation to the other arising out of your Order or our non-acceptance of that Order. We are not required to give reasons for rejecting your Order.
  4. DELIVERY
    • We provide the Service and arrange for the delivery of the product(s) within the Australian community and globally including (but not limited to) the USA, UK, Europe and Asia.
    • We do not have control over international customs or international postal operations. You should check with your country's customs offices and consider any additional costs that might be associated with the delivery of an Order to you. We are not responsible for payment of any such costs.
    • We will endeavour to deliver an Order by the date indicated in the Shipping Confirmation Email. Nevertheless, you may experience delays in delivery for reasons including, for example, the size of your Order and a large volume of orders being received by us during sale periods, holidays or the occurrence of unforeseen circumstances.
    • By default, you provide authority to leave items at the address specified in the Order, unless you provide delivery instructions in your Order or the delivery driver deems the area unsafe in their discretion. If the delivery driver deems the area unsafe in their discretion, they will provide notice to you of how to collect your product(s).
    • A "delivery" shall have taken place or an Order shall be deemed "delivered" as soon as you or a third party indicated by you acquires physical possession of the product(s), which will be evidenced by the receipt of the order at your specified delivery address or the collection of the product(s) by you or a third party indicated by you.
    • Subject to clause 4.7, unless otherwise specified, all risk in the product shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss, damage or destruction of the product(s).
    • In the case of artwork, unless otherwise specified, all risk in the product(s) shall pass to you upon shipment to you. From the time when risk passes to you, we will not be liable for loss, damage or destruction of the product(s). You may be presented with the option at the time you place an Order to purchase insurance with respect to the delivery of your product(s). You are responsible for determining whether or not to purchase insurance, which insurance is governed by the separate terms and conditions provided to you.
    • Title in the product(s) shall not pass to you until payment has been received in full in accordance with clause 3.
    • Please contact us at shipping@fish.asn.au if you have any delivery related queries.
  5. CANCELLATION
    • We may terminate a Contract if the product is not available for any reason. If we terminate the Contract, we will return any payment that you have made by you to your original payment method.
    • If you wish to cancel your Order, you may do so prior to receipt of the Shipping Confirmation Email by contacting shipping@fish.asn.au.
  6. DAMAGE AND ISSUES
    • Please inspect your Order upon delivery and contact us immediately if the item is faulty, damaged or defective so that we can evaluate the issue and remedy it where applicable. For more information, please see clauses 7 and 8.
  7. RETURNS
    • If a product has been delivered to you in a faulty, damaged or defective state, you must contact us within seven (7) days after the delivery of your product.
    • Please contact us at shipping@fish.asn.au to guide you through the returns process and help resolve the problem as quickly as possible. You may be asked to provide information to support your claim and to assist us, or the relevant third party merchants, suppliers and/or product manufacturers, to assess your claim, which may include:
      • reasonable proof of purchase;
      • reasonable proof of delivery;
      • image(s) of the fault, damage or defect; and
      • a description of your claim.
    • Once we have been provided with the information necessary to assess your claim, or to allow the relevant third party to undertake that assessment, we, or they, will determine the nature of the problem and how to help you. The remedy available to you will be in line with your rights under the Australian Consumer Law. These rights are set out below in clause 8.
    • A product shall not be deemed faulty, damaged or defective if, in our, or the relevant third party's, reasonable opinion, the product has become faulty, damaged or defective after the product was delivered (or after the product was shipped, in the case of artwork) as a result of fair wear and tear; your, or a third party's, negligence, misuse, tampering, failure to use the product in accordance with manufacturer's instructions, use of the product in an abnormal way, or failure to take reasonable care.
    • If your claim is accepted, we will send to you a return shipping label, as well as instructions on how and where to send your package. If the product is sent to us without the process outlined in clauses 1 to 7.4, the return will not be accepted.
    • For the avoidance of doubt we will not accept the return of or provide an exchange of, or provide a refund in respect of, products where:
      • you do not have reasonable proof of purchase;
      • you have changed your mind;
      • you have ordered the wrong product;
      • you have found the product cheaper elsewhere; or
      • you were aware of the relevant fault, damage or defect before buying the product.
    • Certain products cannot be returned, including (but are not limited to) perishable goods, such as food, flowers or plants, hazardous materials, such as flammable liquids or gasses, gift cards or vouchers, personal care or hygiene products, altered or custom products. In the event that you have a valid claim under these clauses 7 and 8 or the Returns Policy [insert link], you may be entitled to a refund or replacement.

Please contact us at shipping@fish.asn.au if you are unsure whether your product is a non-returnable product.

  • All sales of artwork are final. We only accept returns for refund or exchange for items damaged prior to shipment to you. Given the nature and value of artwork purchased from us, it is expected that you will undertake a detailed evaluation of the artwork upon delivery and contact us at shipping@fish.asn.au within seven (7) business days of delivery to alert us of any damage. If your claim is accepted, we will provide you with a shipping number and arrange collection of the artwork from the delivery address.  Upon receipt of the damaged artwork, we will ship out to you a replacement, if available.  If a replacement is not available, we will refund the full purchase price of your artwork. For the avoidance of doubt, clause 7 applies to the extent that any damage occurred during transit.
  1. EXCHANGES AND REFUNDS
    • The products provided to you are subject to certain consumer guarantees found in the Australian Consumer Law which cannot be excluded. In the unlikely event that you receive products from us that do not comply with the consumer guarantees, we will provide you with an appropriate remedy.
    • A 'major failure' under the Australia Consumer Law includes where the product is significantly different from the description or where the product is unfit for its normal purpose and cannot easily be made fit. Where a product has a major failure, you can return it and receive a refund or exchange, and compensation for any other reasonable foreseeable loss or damage. If you are of the view that a product provided to us suffers from a major failure, you should contact us immediately at shipping@fish.asn.au.
    • A 'minor failure' under the Australian Consumer Law includes where the product can be fixed within a reasonable time and is not a major failure. Where a product has a minor failure, you can return it and, at first instance, we will arrange for the third party merchants, suppliers and/or product manufacturers to repair the item, otherwise you may receive an exchange. If you are of the view that a product provided to us suffers from a major failure, you should contact us immediately at shipping@fish.asn.au.
    • A refund under the Australian Consumer Law is generally only available where the product is subject to a major failure or is in a re-saleable condition. Where a refund is to be provided, a refund will be made to your original payment method.
  2. THIRD PARTY CONTENT AND THIRD PARTY WEBSITES
    • We may provide the content of third parties (Third Party Content) including links to third-party websites (collectively, Third Party Websites) as a service to those interested in this information. We do not monitor, approve or have any control over any Third Party Websites and the inclusion of Third Party Content including the Third Party Websites does not imply any association or relationship between us and the third party.
    • You acknowledge and agree that we provide access to such Third Party Websites "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third Party Websites.
    • Complaints, claims, concerns or questions regarding Third Party Content, including Third Party Websites, should be directed to the relevant third party.
  3. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
    • If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments or content.
    • We are and shall be under no obligation:
      • to maintain any comments in confidence;
      • to pay compensation for any comments; or
      • to respond to any comments.
    • We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 
    • You agree that your comments or any content you provide to us will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
    • You further agree that your comments or any content you provide to us will not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments or content.
    • You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 
  4. PERSONAL INFORMATION
    • Your submission of personal information through our Website or the store is governed by our Privacy Policy. Our Privacy Policy is available here: [insert link]. 
  5. PROHIBITED USES
    • In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content:
      • for any unlawful purpose;
      • to solicit others to perform or participate in any unlawful acts;
      • to violate any international, federal, state or territory regulations, rules, laws, or local ordinances;
      • to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
      • to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
      • to submit false or misleading information;
      • to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Website or of any related website, other websites, or the Internet;
      • to collect or track the personal information of others;
      • to spam, phish, pharm, pretext, spider, crawl, or scrape;
      • for any obscene or immoral purpose;
      • to transmit any worms or viruses or any code of a destructive nature; or
      • to interfere with or circumvent the security features of the Service, the Website, or any related website, other websites, or the internet.
    • We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. 
  6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
    • You:
      • are responsible for ensuring that the products are sufficient and suitable for your purposes and meet your requirements;
      • acknowledge that, unless expressly stated otherwise, the products are standard and are not made bespoke for any particular purpose or any particular requirement that you may have;
      • agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you;
      • are responsible for lost or stolen packages confirmed to be have delivered to the delivery address specified in your Order;
      • agree that you are liable for any international custom, import, delivery tax or fee; and
      • expressly agree that your use of, or inability to use, the Service is at your sole risk.
    • We:
      • do not warrant that the Service or products will meet your purposes or requirements;
      • do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected;
      • do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free; and
      • shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 
    • All products procured using the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
    • In no case shall we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service, and product procured using the Services, or any content posted, transmitted, or otherwise made available via the Service or the Website, even if advised of their possibility.
    • Some states or jurisdictions do not allow, or place limits on, the exclusion or the limitation of liability in certain circumstances. In such states or jurisdictions, the provisions of this clause 13 apply to the maximum extent permitted by law. 
    • The indemnities contained in this clause survive termination of these Terms.
  7. INDEMNIFICATION
    • You agree to indemnify, defend and hold harmless us, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party. 
  8. SEVERABILITY
    • In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 
  9. TERMINATION
    • We reserve the right to refuse to provide the Service, or to enable the procurement of product, to anyone for any reason at any time. 
    • The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
    • These Terms are effective unless and until terminated.
    • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Services or the Website (or any part thereof). 
  10. ENTIRE AGREEMENT
    • The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
    • These Terms and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and the procurement of any products using the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
    • Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 
  11. GOVERNING LAW AND JURISDICTION
    • These Terms and any separate agreements whereby we make the Service available or enable you to procure products shall be governed by and construed in accordance with the laws of Western Australia. Each party irrevocably submits to the non‑exclusive jurisdiction of the courts of Western Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and waives any objection they may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, if that venue falls within this clause 18.

CONTACT & ACKNOWLEDGEMENT

If you have concerns relating to the Website or these Terms, please contact us via:

Email:    info@fish.asn.au

Post:      PO BOX 7741, Cloisters Square, Perth, WA 6850 Australia