Terms & Conditions

Down To Fish - Terms of Use
Ben Phillips trading as “Down To Fish Australia” (ABN 99 541 674 016) (Down To Fish, we, us and
our) owns and operates an application (App) and associated web platform (collectively the Platform).
Access to and use of the Platform and the content and services available through the Platform
(collectively Services) is subject to the following terms and conditions (Terms of Use). By using the
Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time in
accordance with clause 1.

IMPORTANT INFORMATION
Can these Terms of Use be amended by Down To Fish?
Yes. You will receive notice of any amendments before they take effect and you can terminate
your account with us.
If I purchase a Subscription, will my Subscription automatically renew?
Yes, your Subscription will automatically renew until you cancel the Subscription in accordance
with these Terms of Use.
Is any liability excluded under these Terms of Use?
Yes. Each party’s liability under these Terms of Use is limited to $10,000. This limitation of liability
does not apply to property damage, death, personal injury, fraudulent misrepresentation, or any
other liability that cannot be limited by law. Further, Down To Fish’s limitation of liability is subject
to any applicable laws, including the Australian Consumer Law (see clause 16 of the Terms of
Use).
Will I provide any indemnities under these Terms of Use?
Yes. Under these Terms of Use, you agree to indemnify Down To Fish against any liability arising
out of your wilful or negligent acts or omissions or a breach of law by you.
Will my data be shared with any third parties that may enable the third party to identify me?
Yes. In accordance with Down to Fish’s privacy policy, your personal information may be
disclosed:
(a) to Down To Fish’s third party service providers and contractors;
(b) as required by law; and
(c) to any third party in the event of a sale, merger, or other transfer of all (or substantially all) of
the assets of Down To Fish.

1. Amendments to Terms of Use
We reserve the right to amend these Terms of Use from time to time by providing reasonable
notice to you of such amendments by any reasonable means before they take effect (e.g. an
in-Service pop-up message). Your continued use of our Services after the amendments take
effect will represent an agreement by you to be bound by these Terms of Use as amended. If
you disagree with the amendments, you can cancel your account with us. You can request that
your account be cancelled in the ‘Settings’ section of your account or by contacting us at
Support@downtofishapp.com.
If you have prepaid fees directly to us for a Subscription and you cancel your account in
accordance with this clause prior to the amendments taking effect, we will refund to you the
prepaid fees for any unused part of your then current paid subscription after such cancellation.
Your account and billing information must be up to date in order for us to refund you.

2. Becoming a User
In order to access the Services offered on the Platform, you must create an account and accept
these Terms of Use (by clicking “I accept” when you register on the Platform).
To become a registered user, you must:
(a) be at least 18 years of age;
(b) be located in Australia
(c) possess the legal right and ability to enter into a legally binding agreement with us;
(d) complete your details in the manner required on the Platform;
(e) not have been convicted of an indictable offence; and
(f) not have been previously removed from our Service, unless you have our written
permission to create a new account.
You must ensure that your details are accurate and current.
When creating your account, you must choose a username and password. You are responsible
for keeping your password secure at all times. You are liable for all activity on your account.
Should you discover any unauthorised use of your account, you must contact us immediately.
You agree to ensure that your registration details remain true and accurate at all times. You
must notify us of any change to the registration details as originally supplied.
3. The Services
Amongst other things, the Platform enables users to contribute text and photos to their albums,
maps and/or newsfeed, record and save private fishing locations, connect with other users in
relation to potential fishing adventures - and be able to plan these with efficient tools within
missions feature - and access a variety of fishing-related information. The platform also
includes a feature where you can find and connect with like minded fishermen within your local
area.
4. Subscriptions
(a) We may offer subscriptions for you to access certain content or use certain services
through our Platform (Subscriptions). Payment for each Subscriptions is governed by
these Terms of Use.
(b) We may change the Subscription plans from time to time by providing reasonable notice
to you (including notifying you of a change of price for the Subscriptions). If we do
change the Subscription plans, we will provide you with reasonable notice before the
change comes into effect (and this change won’t affect the price for any Subscription you
have already paid for in advance).
(c) Price changes will take effect at the start of the next Subscription period following the
date of the price change. Subject to applicable law, by continuing to use the Services
after the price change takes effect, you will have accepted the new price. If you do not
agree to a price change, you can reject the change by unsubscribing from the applicable
Subscription prior to the price change coming into effect.
(d) We may also offer promotional offers and special discounts from time to time which may
be subject to separate terms and conditions or decide to apply new Subscriptions plans
only to new users of our Platform.

5. Payments
(a) In purchasing a Subscription, you agree to:
(i) pay using a valid credit card (or other form of payment as we may allow);
(ii) provide current and complete information as required for payment (which may
include full legal name, email address, credit card details and billing information)
and you also agree to update this information as necessary and if the information
you provide is incorrect we may refuse to provide you with our services; and
(iii) pay all costs, fees, charges, applicable taxes and other charges that may be
incurred in respect of your purchase.

(b) All costs are in Australia Dollars unless otherwise indicated.
(c) If your payment is declined (for example, because of incorrect payment details or
insufficient funds) and you do not correct the issue within five days (or cancel your
account), we may cancel your account or suspend access to our Platform until payment
has been received.
(d) You remain responsible for any outstanding payments owing to us and you authorise us
to charge any outstanding payments to your updated payment method.

6. Third party payment services
We may use a third-party payment service provider in the processing of payments. You may be
requested to agree to additional terms between you and the third-party payment service
provider in order to use that third-party payment service provider.
7. Automatic renewal and cancellation
(a) Your payment to us or the third party through which you purchased the Subscription will
automatically renew at the end of the applicable subscription period, unless you cancel
your subscription before the end of the then-current subscription period. We will provide
you with reasonable prior notice before your Subscription automatically renews to give
you the opportunity to cancel if you no longer wish to continue your Subscription.
(b) You may cancel your Subscription at any time (this includes when you don’t agree to a
change to a Subscription plan) in accordance with the instructions on the Platform. The
cancellation will take effect the day after the last day of the current subscription period.
You can request that your account be cancelled in the ‘Settings’ section of your account
or by contacting us at Support@downtofishapp.com.
(c) After cancellation, you will continue to have access to our Platform for the remainder of
your billing period.
(d) If you are dissatisfied with our services for any reason, please contact us at
Support@downtofishapp.com to discuss.

8. Change of mind
(a) Please order carefully. Significant time, effort and resources are involved in making our
Platform and Services available to you and to the extent permitted by law (including the
Australian Consumer Law), we do not offer refunds or credits for unused subscription
periods, accidental purchases, change of mind, failure to cancel automatic renewal of
your subscription or any other reason or event.

(e) However, your satisfaction is important to us. Again, if you are dissatisfied with our
Services for any reason, please contact us at Support@downtofishapp.com to discuss.

9. Linked Sites
The Platform may contain links to websites (Linked Sites), which we do not operate. We have
no control over the Linked Sites and accept no responsibility for them or for any loss or damage
that may arise from your use of them. Your use of the Linked Sites will be subject to the terms
of use contained within each such site.
10. Privacy
When registering for the Platform, you are required to read our privacy policy (Privacy Policy)
and consent to our collection and processing of your personal information and sensitive
information. Our Privacy Policy sets out in detail how personal information (including sensitive
information) is collected, used, disclosed and stored, and can be found within the app. By
providing your personal information to us, you consent to the collection, use, storage and
disclosure of that information as described in our Privacy Policy and these Terms of Use.
11. Prohibitions and unacceptable activity
(a) You agree to use the Services for lawful purposes only.
(b) You must not misuse the Platform or do any act that is unlawful or is prohibited by any
laws applicable to our Platform or these Terms of Use. In particular, you must not:
(i) commit or encourage a criminal offence (including breach of any fishing laws or
regulations);
(ii) do any act that would constitute a breach of either the privacy (including uploading
private or personal information without an individual’s consent) or any other of the
legal rights of individuals or of Down To Fish;
(iii) use the Platform to defame us, our employees or other individuals;
(iv) post or transmit to the Platform any non-authorised material including, but not
limited to, material (including text, comments and messages to other users) that is,
in our opinion, likely to cause annoyance, or which is defamatory, violent, racist,
obscene, depicting drugs or drug use, threatening, pornographic or which is
detrimental to our systems or a third party’s systems or network security;
(v) engage in any behaviour that is disrespectful, rude, abusive to other users or our
teams;
(vi) harass, bully, stalk, intimidate or assault other users or any member of our team;
(vii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which
is malicious, technologically harmful, in breach of confidence or in any way
offensive or obscene;
(viii) hack into any aspect of the Service, corrupt data or cause annoyance to other
users;
(ix) engage in any conduct which is misleading, deceptive, dishonest, or fraudulent;
(x) send any unsolicited advertising or promotional material, commonly referred to as
"spam" or attempt to use the Platform to sell anything or use the Platform as a
marketplace; or

(xi) attempt to affect the performance or functionality of any computer facilities of or
accessed through the Platform.

Breaching the above provisions may constitute a criminal offence and we may report any such
breach to the relevant law enforcement authorities and disclose your identity to them. It
may also result in us terminating your account to use the Platform, restricting your
access to the Platform and/or preventing you from creating new accounts.
(c) We are committed to maintaining a positive and respectful community and we do not
tolerate any inappropriate content or misconduct, whether on or off of the Services. We
encourage all of our users to report anyone who does not follow the above obligations.
We expect all of our users to respect each other, themselves and our team. You can
report a user by contacting us at Support@downtofishapp.com.
(d) You should always protect the identity of other users or any of their activity, whether on
the Platform or in the broader community. This includes, but is not limited to, another
user’s name, age, location, gender, profession and/or any other identifying details of
another user.
(e) If we allow you to post any information to our Platform, we have the right to take down
this information at our sole discretion and without notice.

12. Intellectual property, software and content
(a) Unless otherwise indicated, we own or license from third parties all rights, title and
interest (including copyright, designs, patents, trade marks and other intellectual
property rights) in the Platform and in all of the material (including all text, graphics,
logos, audio and software) made available on the Platform (Content).
(b) Your use of the Platform and use of and access to any Content does not grant or
transfer any rights, title or interest to you in relation to the Platform or the Content.
However, we do grant you a licence to access the Platform and view the Content on the
terms and conditions set out in these Terms of Use and, where applicable, as expressly
authorised by us and/or our third party licensors.
(c) The Platform is for your personal, non-commercial use only. You may not use this
Platform or any of the Content, to further any commercial purpose, including any
advertising or advertising revenue generation activity on your own website or other
platforms.
(d) Any modification, reproduction or redistribution of the Platform or the Content is
prohibited and may result in civil and criminal penalties. In addition, you must not copy
the Content to any other server, location or support.
(e) All other use, copying or reproduction of the Platform, the Content or any part of it is
prohibited, except to the extent permitted by law.

13. User generated content
(a) For the purposes of these Terms of Use, “User Content” means any and all information
and content (including, but not limited to, user profile content, posts, comments, photos
and videos) that you submit to, or use with, our Platform.
(b) By submitting any User Content, you are representing that you are the owner of your
User Content, or have express consent from the owner, and that you are 18 years of
age or older. You assume all risks associated with use of your User Content, including
any reliance on its accuracy, completeness or usefulness by others, or any disclosure of
your User Content that personally identifies you or any third party. You hereby represent
and warrant that your User Content does not violate these Terms of Use. You may not

represent or imply to others that your User Content is in any way provided, sponsored or
endorsed by us. We are not obligated to back up any User Content and your User
Content may be deleted at any time without prior notice.
(c) You hereby grant (and you represent and warrant that you have the right to grant) to us
and our subsidiaries, affiliates, and successors an irrevocable, non-exclusive,
royalty-free, fully-paid, perpetual, transferable, worldwide license to use, reproduce,
modify, publish, distribute, publicly display and perform, prepare derivative works of,
incorporate into other works and otherwise use and exploit your User Content, and to
grant sub-licenses of the foregoing rights, in connection with providing the Platform and
our business, including without limitation for promoting the Platform. You hereby
irrevocably waive (and agree to cause to be waived) any claims and assertions of moral
rights or attribution with respect to your User Content. You retain all rights in your User
Content, subject to the rights granted to us in these Terms of Use.
(d) Although we have no obligation to screen, edit, or monitor any User Content, we reserve
the right, and have absolute discretion, to remove, screen, edit, or disable any User
Content at any time and for any reason without notice. You understand that by using the
Platform, you may be exposed to User Content that is offensive, indecent, objectionable,
or inaccurate. We take no responsibility and assume no liability for any User Content,
including any loss or damage to any of your User Content.

14. Your responsibility for your safety
(a) Down to Fish does not conduct criminal background or identity verification checks on its
users. Though Down to Fish strives to encourage a respectful user experience, it is not
responsible for the conduct of any user on or off the Service. Use your best judgment
when interacting with others.
(b) You are solely responsible for your interactions with other users, whether online or in
person. We cannot and do not guarantee your safety when interacting with other users.
Always take appropriate safety precautions when communicating with or meeting new
people.
(c) You are solely responsible for the safety of any fishing activities you undertake. We
cannot and do not guarantee your safety or the appropriateness of any conditions of
particular fishing locations. Always take appropriate safety precautions when engaging
in any fishing activities.
(d) Any arrangements or agreements you make with another user(s) in relation to the costs
of any fishing activity or mission are between you and the other user(s). We are not
liable in any way in relation to such arrangements or agreements whether they are
made through the Platform or not.

15. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we
strive to protect such information, we do not warrant and cannot ensure the security of any
information which you transmit to us. Accordingly, any information which you transmit to us is
transmitted at your own risk. Nevertheless, once we receive your transmission, we will take
reasonable steps to preserve the security of such information. You agree that you will not share
your password, let anyone else access your account, or do anything that might put the security
of your account at risk. You acknowledge sole responsibility for, and assume all risk arising
from, your use of the Platform.
16. Disclaimer of liability
(e) If you are a “consumer” under Schedule 2 of the Consumer and Competition Act 2010

(Cth) (Australian Consumer Law), the Services come with consumer guarantees
under the Australian Consumer Law that cannot be excluded by these Terms of Use.
Nothing in this agreement affects your statutory rights as a consumer.
(f) For major failures with the Services, you are entitled:
(i) to cancel this agreement; and
(ii) to a refund for the unused portion of fees (if any) or to compensation for its
reduced value.

(g) You are also entitled to be compensated for any other reasonably foreseeable loss or
damage.
(h) If the failure does not amount to a major failure, you are entitled to have problems with
the Services rectified in a reasonable time and, if this is not done, to cancel these Terms
of Use and obtain a refund for the unused portion of the fees (if any).
(i) To the maximum extent permitted by law, and subject to clause 16(d):
(i) except as expressly provided in these Terms of Use, all terms, conditions,
warranties, undertakings, inducements and representations, whether express or
implied, statutory or otherwise, relating to the Services are excluded;
(ii) a party’s liability for losses incurred by the other party arising out of or in
connection with these Terms of Use or the Services and whether in contract, tort,
statute or otherwise is limited, in aggregate, to $10,000; and
(iii) in no event will a party be liable for any indirect, special, or consequential loss or
damage however caused.

(j) Notwithstanding any other clause of these Terms of Use, the limitations of liability in this
clause 16 do not affect a party’s liability for property damage, death or personal injury,
fraudulent misrepresentation, or any other liability which cannot be excluded or limited
under applicable law.
(k) You are responsible for your compliance with all applicable laws, including fishing laws
and regulations. You should not rely on any advice or information provided on the
Platform and must consider the lawfulness of any fishing activities you engage in. To
the extent permitted by law, Down To Fish excludes all liability for any breach of fishing
laws and regulations by you.

17. Indemnity
You agree to indemnify, defend and hold harmless Down To Fish, its employees, consultants,
agents, and affiliates, from any and all third party claims, liability, damages or costs (including,
but not limited to, legal fees) arising from:
(a) your wilful or negligent acts or omissions; or
(b) a breach of law by you.
18. Term and Termination
(a) These Terms of Use commence on the date that you register to use the Platform and
accept the terms and conditions of these Terms of Use and will continue until
terminated in accordance with the rest of this clause 18.

(b) You can cancel your account with us at any time by requesting that your account be
cancelled in the ‘Settings’ section of your account or by contacting us at
Support@downtofishapp.com.
(c) We reserve the right (acting reasonably) to suspend, restrict or terminate your access
to the Services at any time without notice if we have reasonable grounds to believe
you have breached these Terms of Use or if we are required to do so by law. You
are not entitled to any compensation, indemnity, damages or other payment from
Down To Fish as a result of us suspending or terminating your use of or access to the
Service in accordance with this clause and such suspension or termination will be
without prejudice to any other rights or remedies that we may have under the Terms
of Use or under the law or equity.
(d) We may terminate your account and/or any Subscription at any time by notice to you.
If you have prepaid fees directly to us for a Subscription that we terminate prior to the
end of your pre-paid period, we will refund to you the prepaid fees for any unused
part of your then current paid subscription after such termination. Your account and
billing information must be up to date in order for us to refund you.
(e) Upon termination, we will remove your access to the Platform and will immediately
cease providing you with the Services.

19. Updates to the Platform
We may, from time to time, provide enhancements or improvements to the features/functionality
of the Platform, which may include patches, bug fixes, updates, upgrades and other
modifications.
20. Governing Law
These Terms of Use are governed by the laws in force in New South Wales. You agree to
submit to the non-exclusive jurisdiction of the courts of New South Wales
21. General
(a) If we waive any rights available to us under these Terms of Use on one occasion, this
does not mean that those rights will automatically be waived on any other occasion.
(b) If any of these Terms of Use are held to be invalid, unenforceable or illegal for any
reason, the remaining Terms of Use shall nevertheless continue in full force.
(c) These Terms of Use do not create a relationship of employment, trust, agency or
partnership between Down To Fish and you.
(d) All support requests must be initiated via the in-App support request function and you will
be contacted via email about your support request.
Last Updated: June 2025