TERMS & CONDITIONS OF USE
Welcome to the Ultimate Fishing Website / Online Store! These are our Terms & Conditions for use of the Site:
Ultimate Fishing provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site (FISHINGTACKLELURES.COM.AU) and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Ultimate Fishing (FISHINGTACKLELURES.COM.AU) may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
Ultimate Fishing provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site (FISHINGTACKLELURES.COM.AU) and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Ultimate Fishing (FISHINGTACKLELURES.COM.AU) may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.
SITE CONTENTS
Occasionally there may be information on Ultimate Fishing (FISHINGTACKLELURES.COM.AU) that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Ultimate Fishing. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Ultimate Fishing.
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Ultimate Fishing. The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Ultimate Fishing.
This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.
USER COMMENTS, MATERIALS & FEEDBACK
You agree that no Materials submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit.
PRODUCT COLOURS
We have made every effort to display as accurately as possible the colours of our products that appear on our Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
PRODUCT SIZES / DIMENSIONS
All product sizes we list on the site should be considered as estimates, while we measure each item using either an electronic measuring device or a conventional measurement device ('ruler, rule or line gauge'), we can not assure that these measurements are 100% accurate. There may be some inaccuracies and they should be used as a guide only as to the likely average size of the item, but not solely relied upon as complete and absolute measurements.
PRODUCT WEIGHTS
All products with specified weights have been weighed by us personally using very fine digital scales. It is possible our scales are slightly over or under the weights we display, most likely no more than 0.2 of a gram either way. We try our best to round down where possible as a slightly heavier lure would still fit the weight class we have specified. However for measurements such as 2.43 grams, we would normally round these to 2.5 grams.
The small points of a gram will likely not make a difference to the proper usage of an item as we specify all lures under 3 grams to be used with a dedicated spin rod displaying a minimum lure cast weight rating of 2 grams or less. For lures specified as under 3 but below 4 grams, we recommend a light weight spin rod with high flexibility, and for 4 grams and over these lures will be compatible with most general fishing rods of 7ft or less (cheaper spin rods should be fine).
We can not assure that the items will be compatible with your equipment, as equipment such as general fishing rods or spin rods without a lure cast weight rating are highly variable. For complete assurance, we recommend purchasing a high quality spin rod with a specified lure cast weight rating range, then make sure the lure you purchase mentions a gram weight within this range.
The small points of a gram will likely not make a difference to the proper usage of an item as we specify all lures under 3 grams to be used with a dedicated spin rod displaying a minimum lure cast weight rating of 2 grams or less. For lures specified as under 3 but below 4 grams, we recommend a light weight spin rod with high flexibility, and for 4 grams and over these lures will be compatible with most general fishing rods of 7ft or less (cheaper spin rods should be fine).
We can not assure that the items will be compatible with your equipment, as equipment such as general fishing rods or spin rods without a lure cast weight rating are highly variable. For complete assurance, we recommend purchasing a high quality spin rod with a specified lure cast weight rating range, then make sure the lure you purchase mentions a gram weight within this range.
PRIVACY POLICY
Our privacy policy is also included as part of this agreement, our privacy policy can be viewed by clicking the following link: Privacy Policy.
REFUNDS & RETURNS POLICY
Our refunds & returns policy is also included as part of this agreement, our policy on refunds and returns can be viewed by clicking the following link: Refunds & Returns Policy.
SHIPPING, DELIVERY & POSTAGE POLICY
Our shipping, delivery & postage policy is also included as part of this agreement, our policy on refunds and returns can be viewed by clicking the following link: Shipping, Delivery & Postage Policy.
LINKS TO OTHER WEBSITES & SERVICES
This Site may contain links to other websites that are not under the control of Ultimate Fishing. Ultimate Fishing has no responsibility for the linked websites, nor does it necessarily endorse the linked websites. Ultimate Fishing provides the links solely for the convenience and information of our Site users.
DISCLAIMER
ULTIMATE FISHING (FISHINGTACKLELURES.COM.AU) PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ULTIMATE FISHING EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH ULTIMATE FISHING MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT ULTIMATE FISHING SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
INDEMNIFICATION
You agree to defend, indemnify, and hold Ultimate Fishing harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties.
You agree to defend, indemnify, and hold Ultimate Fishing harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees and medical costs, arising from or related to use of our produts and items received from us. You agree products and items such as, but not limited to, fishing hooks can be dangerous and have the potential to cause harm if handled incorrectly. You agree all products and items you receive from us should never be left within reach of children or pets. You agree all products and items you receive from us should be stored away safely and securely. You agree care should be taken when handling and opening all products and items received from Ultimate Fishing, including but not limited to, postage packaging and product packaging. You assume full responsibility for the safe use of all products and items you receive from us. By purchasing from our company either in person, via telephone or via our website (FISHINGTACKLELURES.COM.AU), you confirm yourself along with any other possible recipients of our products and items, as elected by yourself in the shipping address provided during the checkout process, are over the legal adult age of 18 years old. You agree if you are under the legal age of 18 years old, you shall not place an order for any products or items from our company.
You agree to defend, indemnify, and hold Ultimate Fishing harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees and medical costs, arising from or related to use of our produts and items received from us. You agree products and items such as, but not limited to, fishing hooks can be dangerous and have the potential to cause harm if handled incorrectly. You agree all products and items you receive from us should never be left within reach of children or pets. You agree all products and items you receive from us should be stored away safely and securely. You agree care should be taken when handling and opening all products and items received from Ultimate Fishing, including but not limited to, postage packaging and product packaging. You assume full responsibility for the safe use of all products and items you receive from us. By purchasing from our company either in person, via telephone or via our website (FISHINGTACKLELURES.COM.AU), you confirm yourself along with any other possible recipients of our products and items, as elected by yourself in the shipping address provided during the checkout process, are over the legal adult age of 18 years old. You agree if you are under the legal age of 18 years old, you shall not place an order for any products or items from our company.
MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Ultimate Fishing products and services. This Site is controlled and operated by Ultimate Fishing from its office in the state of Victoria, Australia.
This Agreement shall be construed in accordance with the laws of the State of Victoria, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Victorian State Courts and/or Federal Courts of Australia. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Ultimate Fishing right to later require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties.
This Agreement shall be construed in accordance with the laws of the State of Victoria, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Victorian State Courts and/or Federal Courts of Australia. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Ultimate Fishing right to later require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties.
YOUR CONSENT
By using our site (FISHINGTACKLELURES.COM.AU), you consent to our Terms and Conditions.
TERMINATION
These terms are effective unless and until terminated by either you or Ultimate Fishing. You may terminate this Agreement at any time. Ultimate Fishing also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the sole discretion of Ultimate Fishing you fail to comply with any term or provision of this Agreement or our Privacy Policy. Upon any termination of the Agreement by either you or Ultimate Fishing, you must immediately discontinue use of this Site and promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Note that certain provisions of this Agreement (Site Contents; User Comments, Order Details, Materials, Feedback, Disclaimer and Indemnity) will survive termination.
ADDITIONAL INFORMATION
The above Terms & Conditions were last revised on the 6th of April, 2014.