Terms & Conditions

Terms and Conditions for FishTech Global Subscribers/Franchisees

Use of the FishTech Global Service is subject to the following terms and conditions:
Definitions
“FishTech Global System” means the services provided by FishTech Global;
“You” means the customer / client of FishTech Global including small- and large-scale subscribers;
“we” means FishTech Global ABN 86 721 575 125.

Procedures and Processes

You must provide FishTech Global accurate information in order for the FishTech Global System to function properly.

FishTech Global must be kept fully informed of all fish in a relevant aquarium system and any proposed new fish before they are introduced. You must ensure the water volumes and species listed in each aquarium are accurate for our algorithm to calculate the chemicals and dosages required.

You acknowledge and accept that you will be responsible for the personnel responsible for applying the medications and chemicals to the aquariums.

The FishTech Global System must be used with an aquarium containing fish only and must not be used with an aquarium that includes any invertebrate (such as a shrimps or crabs) or any organism that is not a fish.

You accept full responsibility for ensuring people handling chemicals are aware of and comply with workplace Occupational Health and Safety (OHS) and chemical safety rules. This responsibility includes ensuring that the storage of chemicals complies with applicable OHS standards.

When using the FishTech Global System you must ensure:

  • the Ph of the water is always be higher than 7.2 to reduce toxicity of some chemicals to the fish;
  • Nitrite mist is less than 2ppm;
  • Ammonia is less than 1ppm;
  • Aquariums and filtration systems are cleaned weekly to ensure low level of detritus (dirt) in the system;
  • the temperature in the systems is always below 31 degrees;
  • aeration in systems is appropriate for the number of fish hosted in each aquarium.

You must ensure we are always kept informed any new fish added to the systems.

You must ensure the daily FishTech Global email instructions are received and followed precisely each day.

You acknowledge that there are numerous risk factors associated with aquariums, the keeping fish and the use of the FishTech Global System and FishTech Global cannot be held responsible for fish losses:

  • due power outages in affecting aquariums;
  • from overstocking of fish in aquariums;
    as a result of from over or under medicating of aquariums;
  • from aggression by fish species in aquariums;
  • as a result of purchasing of sick or weak fish (particular affecting survival rates in a commercial aquarium situation);
  • due to the failure to follow correct procedure as described by FishTech Global;
  • due to unsuitable water conditions in relevant aquariums;
  • as a result viruses (typically viruses are not treatable and stock must be euthanised humanely);
  • from pre-existing disease issues in the client aquariums;
  • from chemicals used, but not supplied by FishTech Global must have the same active constituents and strengths as FishTech Global chemicals to be effective;
  • accidents from usage of the chemicals is the responsibility of the client;
  • minor discolouration of water from client not performing water changes as required; and
  • any other accidents, injuries or losses that may occur.

Termination and Variation

The subscription to FishTech Global System of aquarium fish quarantine can be terminated by either party in writing at any time.
FishTech Global may from time to time vary these terms and conditions.

Limitation of liability

To the extent permitted by law, FishTech Global is excluded from all liability for any loss or damage of any kind including consequential loss arising out of the use or misuse of the FishTech Global System.
If any warranty or similar is implied by law, then any liability of FishTech Global is limited to the fees paid to FishTech Global by you.

Severability

If any part or provision of these terms and conditions is held by a court to be invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these terms and conditions and the application of that provision shall be enforced to the extent permitted by law.

Indemnity

You agree to indemnify FishTech Global against all damages, losses, and expenses of any kind that arise from any breach by you of these terms and conditions.

Governing Law / Jurisdiction

FishTech Global is based in Queensland, Australia.
These terms and conditions must be construed by reference to the current laws in force in Queensland and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland in relation to any legal matter that arises concerning FishTech Global.

Intellectual Property / Confidentiality

You acknowledge that we are the owner of intellectual property associated with the FishTech Global System and any unauthorised use or reproduction of intellectual property belonging to FishTech Global is prohibited and may result in legal action against you from FishTech Global.

Information provided to you by FishTech Global when using the FishTech Global is intended for your exclusive use as a subscriber. Information you receive from FishTech Global should be treated on a confidential basis and not shared with any other person without the express written authorisation of FishTech Global.