Terms & Conditions

These Terms and Conditions apply when ordering online from:
Conway Fish Trading (Aust) Pty Ltd
Address: 11-21 Wingfield Street, Footscray, Victoria
Public phone: 03 9689 3400

(Hereinafter referred to as “Conway” or “We” or “Us” or “Store”)
These Terms and Conditions apply to you as a client for online ordering (hereinafter
referred to as “you” or the “user” or the “client”)

PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS THEN YOU SHOULD
NOT ACCESS AND/OR USE THE ONLINE ORDERING (HEREINAFTER NAMED
“ONLINE ORDERING APPLICATION”). ACCESS AND/OR USE OF THE ONLINE
ORDERING BY YOU SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF THESE
TERMS AND CONDITIONS.

Subject to applicable legal regulations in force, Conway may, in our discretion, from time
to time amend or otherwise modify the Terms and Conditions of Use. We recommend
that the user carefully reads, each time you order online, the Terms and Conditions as
they may affect your rights.

These Terms and Conditions describe the general online ordering terms and conditions
between Us and You and different rights and obligations of the Parties.

For the sake of clarity, these Terms and Conditions apply (also) in case of online
ordering through the application (hereinafter referred to as the “online ordering
application” or the “application“; the applications is the online ordering application used
by the Client to place its order for different products and/or services (hereinafter referred
to as the “products” and/or “services”).

The online ordering application is owned and operated by the licensor of the license
agreement regarding the use of the application in order to order online.

Without affecting the generality of the present Terms and Conditions and for the sake of
clarity the user must also respect the license agreement regarding the use of the
application in order to order online.

Conway shall make all the necessary diligences to ensure that the information in relation
with the online ordering is accurate and reliable. However, this cannot be infallible and
errors may sometimes occur. You should take appropriate steps to verify all information
in relation with the online ordering before using it. To the maximum extent permitted
according to the applicable law, Conway disclaims any warranty or representation of any
kind, whether express or implied, as to any matter whatsoever relating to the online
ordering, including without limitation the availability of the online ordering application.

Conway, may from time to time revise the information in relation with the online ordering
application and/or process and reserves the right to make such changes without any
obligation to notify any past, current or prospective clients. In no event shall Conway be
liable for any indirect, special, incidental or consequential damages arising out of any
use of the information contained herein and/or in relation with the online ordering
process.

By ordering online, you acknowledge and agree that the use of the online ordering
application and/or processes at your own risk and the maximum extent permitted
according to the applicable law, in no circumstances, shall We be liable for any direct,
indirect, incidental, special, consequential, or punitive damages, losses, costs or
expenses nor for any loss of profit that results from the use of, or inability to use this
online ordering and/or any application and/or material on any site linked to this online
ordering application (including but not limited to any viruses or any other errors or
defects or failures in computer transmissions or network communications) even if We
have been advised of the possibility of such damage. In addition, no liability can be
accepted by Us in respect of any changes made to the content of the online ordering
application and/or process by unauthorized third parties. All express or implied
warranties or representations are excluded to the maximum extent permitted according
to the applicable law.

The online ordering application and/or process may include content, information or links
to third parties or third party sites. Conway is not responsible for the content of any such
sites or neither for the content of any third party advertising or sponsorship nor for
compliance of such with any regulations. The links may be accessed at the user’s own
risk and Conway makes no representations or warranties about the content,
completeness, or accuracy of these links or the sites hyperlinked to this ordering online
application. You agree to hold harmless and relieve Conway from any liability
whatsoever arising from your use of information from a third party or your use of any
third-party website.

Except otherwise expressly mentioned, all the information in relation with the online
ordering application (including without limitation the images, buttons and text) are
property and/or available with the permission of the licensor of the license agreement
regarding the use of the application in order to order online and holds usage rights over
them and, may not be copied, distributed, or reproduced or transmitted in any form or by
any mean, electronic, mechanical, photocopying, recording or otherwise, without its prior
written permission.

The content referring to specific products (e.g. food items), arrangement and texts layout
of the online ordering application and/or process, the trademarks, and any other content,
are proprietary and are protected according with the legal regulations in force and
cannot be used in any way without the express written permission of Conway.
The Client does not obtain any license or right regarding the information in relation with
the online ordering and/or application.

If you decide to order online using the online ordering application, you may be asked to
provide full contact details and/or to create an account and you may need to accept
cookies. You must keep your data confidential and must not disclose it to anyone.
Conway reserves the right to suspend the use of the online ordering application and/or
process if you breach the Terms and Conditions.

You acknowledge and agree that all orders are treated as an express intention to
purchase the nominated products and/or services for the agreed online prices and We
treat this as an binding offer from you to purchase such products and services. Any
variations must be in writing, otherwise they will not be binding on either party.
The acceptance of any order for any of the products and/or services shall be at the
entire discretion Conway. Our acceptance of an order may occur by a message just after
the user places the order.

Conway reserves the right to refuse any service, terminate your access to the online
ordering application and/or process, remove or edit any content or accept your order/s in
its sole discretion and without prior notice to you.
Conway’s online ordering application must only be used by persons over the age of
eighteen (18) years, or the minimum legal age as permitted by the law or otherwise
under the supervision of an adult or guardian.

Any products and/or services provided through the online ordering application are done
so on an “as is” and “if available” basis and Conway expressly excludes any warranties,
conditions, representations or other terms with respect to the online ordering or the
content or products displayed on it, whether express or implied, unless expressly stated
to the contrary.

The pictures of the products are for presentation only. The ordered products may have
differences (e.g. colour, form, etc.) towards the photos existing on the site.

You may be automatically directed to an online listing referring to Your nearby Conway
store location. In addition, if you order on-line, the price charged may be different to the
price for the Products had they been ordered in-store or by telephone.

The online order once placed cannot be modified or cancelled either through the website
or offline by calling Conway’s store. Anyhow, if you wish to cancel or complain about
your order, please call your local Conway store, details of which will be included in the
confirmatory e-mail sent to you upon placing your order and We can see how we can
help you.

We will aim to provide you with your ordered products as close as possible to your
requested collection time but we cannot guarantee the collection time in all the cases.
Collection time may be affected during peak times or due to a power outage.
Risk in the Products shall pass to the Client on pick up.

You are responsible for maintaining the confidentiality of your personal details, password
and payment details. You agree to accept full responsibility for all your activities in
relation with the online ordering (application).

You may not assign, sub-license or otherwise transfer any of your rights under these
terms and conditions. In case any provision of this agreement is and/or becomes void,
illegal, invalid or inapplicable, it shall not affect the validity or the applicability of the other
contractual clauses, which shall continue to be in force and to produce legal effects as if
the void, illegal, invalid or inapplicable clause was not part of this agreement.
This Terms and Conditions do not affect your statutory rights.

Conway’s trademarks, as well as the related trademarks of others and related
proprietary property are protected from copying and simulation under national and
international laws and are not to be reproduced or copied without the express written
permission of Conway.

To the fullest extent permitted by law, Conway’s excludes all liability arising out of its
supply of the Products and in particular shall not be responsible for any loss or damage,
arising directly or indirectly out of or in connection with delay beyond the estimated
pickup time; any circumstances over which Conway’s had no control of the
consequences and which the Store could not avoid by the exercise of reasonable care,
or any indirect or unforeseeable loss suffered or incurred by the Client or others. In any
event, Conway’s liability to the Client shall not exceed the total price charged for the
relevant products/and or services.

This terms and Conditions shall be governed by and construed in accordance with the
laws of the country in which the Store is headquartered and the Store and any dispute
arising out of or in connection with these shall be settled by the competent courts from
the headquarter of the Store, excluding the possibility of reference to conflict of laws.