Website Terms of Use

Website Terms of Use

This site is made available to you on the terms and conditions set out below.

These terms and conditions are a contract between you, as a member of the Escape Fishing with ET site or the viewer of the site (“you”) and Escape Productions Pty Ltd (A.C.N. : 092 982 860 ) of PO Box 497, Caringbah. NSW. 1495 Australia (“Escape Productions”) the owner of this site (www.escapefishingwithet.com)

1. Use of the Site

You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on "as is" basis, the site may contain errors, faults and inaccuracies and may not be complete and current.

Escape Productions makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.

Neither Escape Productions, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

2. Copyright

This Escape Productions site and its contents are subject to copyright. The copyright is owned by Escape Productions, or in the case of some material, a third party.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

3. Trade Marks

This site includes registered trade marks owned by Escape Productions and or third parties, and other unregistered trade marks that are otherwise protected by law. Except as expressly authorised, the use or misuse of any of these trade marks is strictly prohibited.

4. Limitation of Liability

We provide our site and services on an “as is” basis, and without any warranty or condition, express or implied. To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement unless we are required to provide such warranties under applicable law. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to Escape Productions, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency. Furthermore we do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside our control. To the extent that such factors are outside of our control, Escape Productions shall not be liable.

5. Claims and Damages

To the extent permitted by law in no event shall we, our affiliates and related entities be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws which apply to you.

To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability, and the liability of our related bodies corporate, affiliates or suppliers, to you or any third parties in any circumstance is limited to the greater of the amount of fees you pay to us in the 12 months prior to the action giving rise to liability or $100.00 (whichever is the greater amount).

6. Privacy and Personal Information

Escape Productions conducts its business under Privacy Act 1988 and the National Privacy Principles as summarised below.

We only collect your Personal Information if you provide that Personal Information to us for the purposes of becoming a member of the site or for the purposes of entering a competition run by Escape Productions, receiving a publication released by Escape Productions or receiving email updates from Escape Productions.

Personal Information collected will be used for the purpose for which the information was collected. As a result your Personal Information may be shared with third parties but only to the extent necessary to delivery the anticipated service to you.

Personal Information is also collected for the purpose of communicating with you concerning, your account with us or in relation to products and services offered by Escape Productions and its related companies (such as sponsors which are displayed on the site).

If you become a member of the site then your Personal Information may be used to send direct marketing communications to you concerning Escape Productions services and products and services offered by sponsors of Escape Productions. In any direction marketing communications you will be given the opportunity to opt out of future direct marketing communications.

Escape Productions will not sell, trade or rent, to third parties any Personal Information obtained from you without your consent.

We may however, without your consent disclose Personal Information where:

● the secondary purpose of disclosure is directly related to the primary purpose for which the information was collected and you would reasonably expect us to disclose that information for the secondary purpose;

● we reasonably believe that use or disclosure is necessary to prevent or lessen a serious threat to you or the public's health or safety;

● we have reason to suspect that unlawful activities have been or are being engaged in; or

● we are preparing for or conducting proceedings before a court or tribunal; or

● such action is necessary in connection with a sale, merger, transfer, exchange or other disposition (whether of assets, stock or otherwise) of all or a portion of our business and/or the business of our subsidiaries and the transferee is bound by Privacy Act 1988 and the National Privacy Principles; or

● we are required by law to do so.

Escape Productions is not responsible for the privacy practices of sites that are linked to this site via hyperlinks, banner advertising or otherwise. Please take care at all times to check the relevant privacy practices and policies of the operators of external third party sites which you may visit.

Under the Privacy Act 1988 (Cth) you have a right to request access to your Personal Information held by us and you may request the removal of any Personal Information we hold.

You may make such a request in writing by email to:

Privacy Officer
Escape Productions Direct Pty Ltd
monique@escapeproductions.com.au

7. User Content Submitted to Escape Productions

Escape Productions invites the general public to join a membership area and from time to time provide content in the form of still photographs, video, stories and other types of user-generated content (“Content”) for publishing to our websites and other electronic media.

Escape Productions editors and moderators at their discretion may edit or remove your Content. ET Productions cannot guarantee your Content will be published on the site. Only Escape Productions staff determine whether your Content will be published.

Any Content you submit to Escape Productions is submitted on the basis that Escape Productions may use all intellectual property rights in your Content throughout the world, in perpetuity, without restriction and without any payment to you, including publication of that material in hard copy publications or in electronic media, and using your Content in advertising and promotional material for Escape Productions (whether or not Escape Productions receives payment for this).

You also unconditionally waive all moral rights (as defined in the applicable Australian Copyright Act 1968 as amended from time to time) in your Content and consent to anything which Escape Productions (or any person permitted to do so by Escape Productions) may do in relation to your Content which would otherwise be in breach of your moral rights. This includes that Escape Productions may use your Content without attributing you as the source of your Content.

You acknowledge that your Content is accurate and reflects actual people and events and you did not digitally alter images or footage in any way to create your Content or impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

You also warrant that any Content submitted to Escape Productions is not defamatory of any third parties.

On providing your Content to Escape Productions for publication in any media, you indemnify Escape Productions and its officers, employees and agents against any damage or loss suffered by any of those indemnified arising, in whole or in part, as a result of the publication by Escape Productions, or a person permitted by Escape Productions, of your Content; or a breach by you of these terms and conditions.

8. Modifications to escapefishingwithet.com

In your use of this site you acknowledge that Escape productions may modify or discontinue this website, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability.

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