Ocean Blue Marketplace Terms of Service

This website is operated by Ocean Blue Fishing®. All terms “we”, “us” and “our” used throughout this site refer to Ocean Blue Fishing® marketplace. Ocean Blue Fishing® marketplace offers this website, including all information, tools and services available from this site to “you”, the site “user” or the ‘buyer” of products, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing a product from Ocean Blue Fishing® marketplace, you engage in our “Service” and agree to be bound by the following terms of service (“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, sellers, buyers and customers.

Please read the below Terms of Service before browsing and using our website Ocean Blue Fishing® marketplace. By visiting or using any section of the Ocean Blue Fishing® marketplace, you agree to be bound by these Terms of Service. If you do not agree to all the ‘Terms of Service’ within this agreement, then you must close this website now and must not access any further pages, content or tools within this website. If this Terms of Service are considered an offer, acceptance is expressly limited to this Terms of Service.

Any new pages, products or tools which are added to the Ocean Blue Fishing® marketplace shall also be bound to this Terms of Service. This page will host the latest version of the “Terms of Service”. We reserve the right to update or change this “Terms of Service”. It is the responsibility of the “User” to check this page for any changes to the “Terms of Service”. By continuing to use this website after any changes have been made to the “Terms of Service” means you accept the terms of this agreement.

Our store is hosted on a private hosting server and utilises WooCommerce (Available on the Word Press web platform), that 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 this “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.

The products available on Ocean Blue Fishing® marketplace may not be used for any illegal or unauthorised purpose. In the use of the tools and products within this website you may not violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any programmes or viruses or any code of a destructive nature to any code source.

A violation of any of this “Terms of Service” will result in an immediate termination of your access to the pages, content, products and tools on this website.

Section 2 – General Conditions

We reserve the right to refuse access to Ocean Blue Fishing® marketplace to anyone for any reason at any time.

Credit card information, and data related to any other payment type, captured on this website is always encrypted during transfer over payment networks. You understand that your personal information (not including credit card information), may be transferred unencrypted over various networks. *** (Please consider) once users are transferred to an external service (Eg: Apple Pay, PayPal, AfterPay) the user is bound by their terms and conditions until they return.

You agree not to copy, duplicate or reproduce any content, pages, products of the service, for financial gain or otherwise, within the use of this website, without express written permission by Ocean Blue Fishing® marketplace.

Section 3 – Accuracy, Completness and Timeless Of Information

Ocean Blue Fishing® marketplace does its best to ensure the accuracy, completeness and currency of content and product information on this website. Content on this site is provided for general information only and should not be relied upon as the only basis for making purchase decisions without consulting primary, more accurate, more complete or more timely sources of information, including manufacturer content, specifications and product data. Any reliance on the material on this site is at your own risk.

Content on this website may contain historical information that may not be current and is provided as a reference only. Ocean Blue Fishing® marketplace reserves the right to change any content on this website at any time, but we have no obligation to change or update any information on this website. You agree that it is your responsibility to review and be aware of any changes to content to this website.

Section 4 – Modifications To The Pricing

Product prices are subject to change without notice.

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

Ocean Blue Fishing® marketplace will not be liable to the “User” or to any third-party for any price change, modification or removal of products, tools or services.

Section 5 – Products

Certain products may be available exclusively throughout this website. These products may have limited quantities and are subject to return only according to the Seller returns policy.

Ocean Blue Fishing® marketplace makes every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your device’s display of any colour will be accurate.

Ocean Blue Fishing® marketplace reserves the right to limit the sale of any product any “User” or geographic location. We reserve the right to limit the availability of any product that is offered on this website. Ocean Blue Fishing® marketplace reserves the right to discontinue any product at any time without notice.

We do not warrant that the quality of any products purchased by “You” will meet your expectations.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order placed with us and also reserve the right to limit or cancel quantities purchased per order. We reserve the right to restrict order transactions completed by or under the user account, the same payment method, and/or orders that use the same billing and/or shipping address. We reserve the right to prohibit transactions that, in our option, may appear to be placed by dealers, resellers or distributors. If we change to or cancel an order, we may notify you via e‑mail, billing address or phone number provided by you.

You agree to provide complete, accurate and current information for all purchases made at Ocean Blue Fishing® marketplace. You agree to update your contact details, account information, including email addresses and payment methods.

Section 7 – Third Party Tools

Ocean Blue Fishing® marketplace may provide you with access to third-party tools of which we have no control. We have no liability relating to or arising from your use of third-party tools. You agree that we provide access to these tools without any warranties or conditions of any kind.

Any use by you of optional tools offered through Ocean Blue Fishing® marketplace is made entirely at your own risk and discretion. You may need to ensure that you are familiar with and approve of the terms of service on which these third party tools tools are provided.

We may also, in the future, offer new tools through the website that shall also be subject to this Terms of Service.

Section 8 – User Comments, Feedback And Other Submissions

If you send certain specific online submissions including comments, reviews, creative ideas, suggestions, proposals, plans, or other materials, you accept that we may publish, edit, restrict, distribute and/ or otherwise use in any medium. We will be under no obligation to maintain any comments in confidence; to pay compensation for any comments; or to respond to any comments.

We may edit or remove content that we believe to be offensive, threatening, unlawful, defamatory, obscene, pornographic, or violates any party’s intellectual property.

You the “User” are responsible solely for any comments you submit. Ocean Blue Fishing® marketplace assume no liability or take responsibility for any comments posted by you or any third-party.

Section 9 – Personal Information

Personal information submitted through this website is governed by our Privacy Policy.

Section 10 – Errors & Inaccuracies

There may be content, information, descriptions, specifications, pricing, promotions, offers, shipping charges, delivery times and availability, on this website that contains typographical errors and inaccuracies. We reserve the right to, but are under no obligation, to correct any errors and inaccuracies at any time without prior notice (including after you have submitted your order).

Section 11 – Prohibited Uses

You are strictly prohibited from using the content of this website or its content for the following purposes:

  1. To engage in any unlawful purpose; or the solicitation of others to participate in any unlawful acts; to violate any laws or regulations, whether international, federal, provincial or state.
  2. To violate our intellectual property rights or the intellectual property rights of third parties
  3. To insult, harass, harm, abuse, defame, slander, intimidate, or discriminate based on gender, national origin, religion, ethnicity, race, age, sexual orientation, or disability;
  4. Submit misleading or false information; to transmit any other type of malicious code that will affect the or operation functionality of this website; and associated third party websites and tools.
  5. To collect personal information of others for the purpose of spam, phishing, spider, scrape, or crawl; or to interfere with or circumvent the security features of this website.

Failure to comply with any condition of these ‘Terms of Service’ can result in the immediate termination of your access to Ocean Blue Marketplace.

Section 12 – Disclaimer Of Warranties; Limitations Of Liability

By accepting this terms of service you agree that we do not guarantee or warrant that your use of Ocean Blue Fishing® marketplace will be uninterrupted, timely, secure or error-free.

We do not warrant or guarantee that any outcome that may be reached from the use of this website, its content, products and associated tools, will be accurate or reliable.

You agree that occasionally we may remove public access to the website for indefinite periods of time without notice to you.

By accepting this Terms of Service you agree that your use of this website is at your own risk. All products and content delivered to you through this website are provided to you ‘as is’ for your access, without any warranties, guarantees or conditions of any kind, including all implied warranties of merchantable quality, merchantability, durability, title, and non-infringement.

Ocean Blue Fishing® marketplace, including its directors, employees, sellers, suppliers, agents, affiliates, interns, contractors or suppliers will not be liable for any claim, injury, loss, or any indirect, direct, punitive, incidental, consequential or special damages of any type, including, but not limited to, lost revenue or profits, lost savings, loss of data or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of any content, services, tools or any products procured using this website, or for any other claim related to your use of this website, its tools or any product, including, but not limited to, any errors 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 this website.

Section 13 – Indemnification

You agree to indemnify, hold harmless and defend Ocean Blue Fishing® marketplace and our partners, sellers, subsidiaries, affiliates, partners, directors, employees, agents, licensors, contractors, service providers, suppliers, subcontractors and interns, harmless from any claim or demand, including reasonable lawyer’s fees, made by any third-party arising from your breach of this Terms of Service or your violation of any law or the rights of a third-party.

Section 14 – Severability

If in any event, the provision of this Terms of Service is determined to be unlawful or unenforceable, such provision shall nonetheless remain enforceable to the fullest extent permitted by applicable law, at which and the portion deemed unenforceable shall be be severed from this Terms of Service, whereby such determination shall not affect the validity and enforceability of any other remaining provisions of this Terms of Service.

Section 15 – Termination

The liabilities and obligations of the parties incurred prior to the termination date, for all purposes, shall survive the termination of this agreement.

This Terms of Service shall remain effective unless or until terminated by either us or you. This Terms of Service may be terminated by you at any time by notifying us that you no longer wish to accept our terms of service, or when you cease using our website.

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 16 – Entire Agreement

The Terms of Service and any policies or operating rules that are used to govern this website constitutes the entire agreement between Ocean Blue Fishing® marketplace and you dictating your use of this website, its content, products and any associated tools, overriding any previous or redundant agreements and communications, whether oral or written, between Ocean Blue Fishing® marketplace and You (including, but not limited to, any prior versions of this Terms of Service).

Any ambivalence or ambiguities in the comprehension of this Terms of Service shall not be interpreted against us or the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements shall be governed by and interpreted in accordance with the Australian Law.

Section 18 – Changes To Terms Of Service

The most current version of the Terms of Service can be reviewed the at any time by accessing this page.

We reserve the right to change, replace or update any section of this Terms of Service by posting the modifications and alterations to this website. You agree that it is your responsibility to review our website and this Terms of Service periodically for changes. Your continued access to our website, its content, tools and products following the publishing of any changes to this Terms of Service constitutes full acceptance of those changes.

Section 19 – Contact Information

Any queries related to these Terms of Service should be sent to marketplace@oceanbluefishing.com

Privacy policy was last updated on August 28, 2022.