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.

TERMS OF SERVICE

—-

OVERVIEW

This website is operated by Conway Fish Trading. Throughout the site, the terms “we”, “us” and “our” refer to Conway Fish Trading. Conway Fish Trading offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

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.

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

 

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We 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.

 

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”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 optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 – 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 comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) 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 of Service.

You agree that your comments 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 will not contain libelous 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. 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.

 

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service 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.

 

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You 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.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through 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 Conway Fish Trading, our directors, officers, employees, affiliates, agents, contractors, interns, 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 or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Conway Fish Trading and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 – TERMINATION

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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also 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 our Services (or any part thereof).

 

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of 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 of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 11 – 21 Wingfield Street , Footscray, VIC, 3011, Australia.

 

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – RETURNS

Once goods are accepted either by signature or confirmed delivery, we will not accept returns or refunds. Conway Fish Trading Aust Pty Ltd allows all customers to inspect goods upon arrival but once delivered and accepted by you, holds no liability over the quality, storage, treatment or preparation of such products. we deliver all goods under temperature control with the highest standards possible.