Terms and Conditions

1. CONSENT

By accessing and/or using our Site, you agree to these terms of use (and our Privacy Policy available on our Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations: We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site.

We recommend you check our Site regularly to ensure you are aware of our current terms.

Materials and information on this Site (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date, and we are not liable if any Content is inaccurate or out-of-date. We do, however, try our best to maintain accurate and up-to-date information.

Client satisfaction is a core value of Up Your Catch.

2. CONDUCT

You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

(b) using our Site to defame, harass, threaten, menace or offend any person;

(d) tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

(e) using our Site to send unsolicited email messages; or

(f) facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

No commercial or Company use without permission: Our Site is for your personal, non-

commercial use only. You must not use our Site, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

3. RESTRICTED USE TERMS

You are strictly prohibited from sharing, videoing, distributing, downloading, screen recording any of this site, or content available to anyone other than the registered user, or the registered user associated with the gift card. You agree to not sharing or violating trademarks, trade secrets, copyright, or other proprietary rights. Violations of this may result in Legal liability and being banned from the community and blacklisted at our discretion with no refund given.

At our discretion, we may monitor your use of the website to determine if there is a breach of terms. Monitoring may include time and access of IP addresses used, and location of associated user login.

Access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Websites.

If these terms are breached, you risk your account being suspended or terminated, and associated legal action at our discretion may be taken against you alone including recovery of monetary damages, civil and or legal proceedings. You are to behave in a manner that does not defame or bring down the reputation or brand of Up Your Catch and acknowledge that failure to act accordingly will result in termination of use. If you are purchasing a gift voucher on behalf of someone or purchasing on behalf of a minor (under 18 years of age), you acknowledge that you inform them of their obligations to comply with the terms set out here.

4. ENROLMENT

Enrolling in a course and paying gives use of one (1) x individual access. You are only able to access the course you have signed up and paid for. Additional courses must be paid for separately.

5. COURSE INFORMATION

The Content provided has been put together collectively over 37 years and condensed into a comprehensive framework applicable to the particular fishing package. We do not take into account specific objectives, circumstances, but make reasonable attempts to ensure accuracy, apply relevant and local legislation, as well as completeness of the Content.

Whilst we cannot guarantee you will catch fish; we can guarantee you will have been given extensive knowledge from a transferred skillset and proven strategies to position you in the best way possible to catch fish. This is by sharing knowledge, recommendations of gear and equipment, how-to demonstrations and PDF documentation relevant to the course framework. The amount you get out of it is based on the energy, time and dedication you put into it. A huge amount of time, knowledge and dedication has been put into this, and customer satisfaction is of upmost importance.

6. INTELLECTUAL PROPERTY RIGHTS:

Unless otherwise indicated, Up Your Catch owns or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. All material and content contained within courses is owned or under licence by Up Your Catch and protected by Australian and International Laws You must not (without a written and signed agreement of permission by Up Your Catch):

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

7. USER CONTENT:

You may be permitted to post, upload, publish, submit or transmit relevant information and content by way of posting on the community page to other community members.

By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site. We do not use your private information for any other purpose other than for intended.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

(a) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and

(b) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content. Whilst we try monitor the community page and remove any inappropriate content as soon as possible, anything not written by us is not endorsed, approved or becomes our liable responsibility. This has been created for the purpose of transferring knowledge and Robbie Riches skillset to allow people to better reach their fishing or well-being goals and engage with likeminded individuals and mentors.

8. PURCHASE PRICE:

Pricing is in Australian dollars (AUD) and is inclusive of goods and services tax (GST).

9. REFUNDS

Up Your Catch will not offer a refund of Course payment as courses are non-refundable. We are compliant with the Australian Consumer Law, and if, by legislation we are required to give a refund, we will liaise with you regarding this and offer one.

10. CANCELLATION:

Cancellation of the course is not permitted, and a refund will not be granted. Please ensure you are aware prior to purchasing.

11. THIRD PARTY SITES

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

12. DISCONTINUANCE

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Warranties and disclaimers: To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

(a) they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;

(b) access will be uninterrupted, error-free or free from viruses; or

You read, use and act on our Site and the Content at your own risk.

13. LIMITATION OF LIABILITY

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

14. INDEMNITY

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

15. TERMINATION

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

16. DISPUTES

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must reach a resolution on behalf of the party or meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

17. SEVERANCE

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable.

If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

18. JURISDICTION:

Your use of our Site and these Terms are governed by the laws of where you choose to utilise your course skills. We are based in Western Australia.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

19. ELECTRONIC COMMUNICATION CONSENT:

Agreeing to these terms and conditions means you consent to be in receipt of further electronic communications by Up Your Catch including but not limited to: marketing material, special offers, updates, tips. Should you wish to be taken off the list for further communication, please contact us directly by emailing: [email protected] stating you wish to be removed.

For any questions and notices, please contact us via email at the first instance:

UP YOUR CATCH – Robbie Riches

ABN: 87313361201

Email: [email protected]

Facebook: www.facebook.com/upyourcatch

Last update: 17/12/2023