1.1 The Fresh Fish Maui website consists of various web pages owned and operated by Fresh Fish Maui(Fresh Fish Maui, we, our or us).
1.2 The use of the website by a person (you or your), the information and material available on the website and your purchase of any goods or services advertised or offered for sale through the website, is subject to:
(a) these Terms and Conditions;
(b) the Privacy Statement; and
(c) any other terms, conditions, notices and disclaimers displayed on the website, (together the Terms).
1.3 By using the website or purchasing goods or services advertised or offered for sale through the website, you are deemed to accept and agree to be bound by these Terms. If you are using the website or purchasing goods or services on behalf of another person (eg. natural person, body corporate or other incorporated body) you warrant and represent that you have the capacity to enter into, and bind that other person to, these Terms.
1.4 Where you use the website in connection with any commercial arrangements with us (including as a registered supplier or buyer), any other agreement you enter into with us supersedes these Terms to the extent of any inconsistency.
1.5 If you do not accept these Terms, you must cease using or accessing the website and must not order any goods or services from us.
We may change the Terms at any time. Your use of the website will be governed by the most recent Terms. Any subsequent use of the website will constitute your acceptance of those changes. Where reasonably possible, we will notify you of any changes to our Terms by including a notice on our home page. It is your responsibility to regularly check the website for updated versions of the Terms.
3.1 Applicability to goods and services
These Terms apply to the purchase of any goods and services advertised or offered for sale through the website (including the booking of any tours or cooking classes) whether they are purchased through the website, by telephone or by any other means.
3.2 Orders for goods and services
The goods and services available through the website are subject to the following terms and conditions:
(a) We make no undertakings as to the availability of any goods or services advertised on the website.
(b) By placing an order, you are making an offer to purchase the relevant good or service. Once you place an order, you are not permitted to cancel it, except where you place an order by telephone. In that case you may cancel a telephone order within 24 hours of placing your order where you do not agree to be bound by these Terms (provided you have not yet received the applicable good or service).
(c) We will at our discretion accept or reject your offer to purchase. A contract for the supply of any good or service is only formed once we communicate our acceptance of your order to you in writing.
(d) When you place an order for a Sydney Seafood School cooking class, you acknowledge that you have read, and you agree to be bound by, the terms, safety requirements and guidelines applicable to your attendance at a Sydney Seafood School cooking class.
(e) Prices for the goods and services are subject to alteration without notice and may be affected by stock availability, government impost (including levies, taxes and duties) and errors made in printing.
(f) Unless expressly stated otherwise, prices are listed as inclusive of goods and services tax.
(g) All goods and services must be paid for in advance by either credit card, cheque or money, or as otherwise directed by us.
(h) Goods which cannot be supplied at the time the order is placed, will be placed on a back order and delivered when stock becomes available. This backorder facility can be overridden only upon specific request in writing by you.
(i) We will use our reasonable endeavours to deliver goods to you. Risk in all goods passes to you upon delivery.
(j) In the case of incorrect or short delivery of goods, you must inform us right away, otherwise you are deemed to have accepted the goods.
(k) Our liability in respect of the goods and services is set out in paragraph 7.
3.3 Credit card security
The website contains a credit card facility for the on-line ordering of goods and services. Third party PCI compliant providers are used, however, we make no warranty and give no representation as to the security of the credit card facility (including the encryption system) and use of that facility is at your own risk.
3.4 No Offer of Agreement is made
Except to the extent expressly specified on the website, nothing on the website will constitute an offer for the acquisition of goods or services nor will any agreement or binding legal relationship be made or come into existence when a person responds to any invitation made by us or to any request for feedback, comments or suggestions made by us on this website.
3.5 Registered labels and other directions
Anyone who intends to use any good or service advertised or offered for sale through the website should first read and observe the instructions set out on the registered label for that product and other published material approved or authorised by us which specifically relates to that product or service.
4.1 Without our prior written consent, you may only access the website for your personal, non-commercial use.
4.2 As a condition of your use of the website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms.
4.3 You must not:
(a) use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website; and
(b) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
4.4 We have no obligation to monitor your use of the website or the Communication Services. However, we reserve the right to review materials posted to the website or a Communication Service and to remove any materials in its sole discretion. Sydney Fish Market reserves the right to terminate your access to any or all of the Communication Services or website at any time without notice for any reason whatsoever.
4.5 We reserve the right at all times to:
(a) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request; or
(b) edit, refuse to post or to remove any information or materials, in whole or in part, at our 8. Intellectual Property
8.1 Copyright in the website and in the material on the website is owned or licensed by us unless otherwise indicated. No material on this web site may be reproduced, copied or transmitted in any form or by any method. Our consent will generally include a requirement that we are identified by name on all permitted reproductions, copies and transmissions of material on the website.
(a) Where you provide us with your email address or mobile telephone number (which we collect and hold in accordance with our Privacy Statement), you consent to receiving commercial electronic messages from us, including information about new developments at the Fresh Fish Maui, special offers and information about our goods and services.
(b) You agree that any commercial electronic message we send to you will not need to contain an unsubscribe facility but, if you wish to opt-out of receiving commercial electronic messages, you can contact us to have your name removed from our distribution lists.You can send us an e-mail with the subject line “Unsubscribe”.
10. Termination/Access restriction
We reserve the right, in our sole discretion, to terminate your access to all or part of the website or the related services or both at any time, without notice. The liability disclaimers and limitation of liability in paragraph 6 will survive any such termination.
11.1 These Terms and Conditions are governed by and must be construed in accordance with the laws of the State of Hawaii. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Hawaii in respect of all matters arising out of or relating to these Terms and Conditions, their performance and subject matter.
11.2 Use of the Fresh Fish Maui Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
11.3 If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.