Privacy

Terms of service

These terms of service (the "Terms") apply to your use of the CodedFish application, www.codedfish.com, our other applications and tools, and any related services (collectively the "Services") provided by CodedFish Inc Reg nr K2019157147, a company duly incorporated and organized under the laws of South Africa, having its registered address at 26 Pearce Street, Berea, East London, Eastern Cape 5241, South Africa ("CodedFish"). By accessing and/or using our Services, you confirm that you have read and agree to be bound by the Terms. If you are younger than 18 years of age, you agree that your legal guardian has read these Terms and agree that you are bound by the Terms.

1. Services

CodedFish’s website and mobile applications are services for logging personal and competition catches and sharing fishing related information. By accepting these Terms, CodedFish grants to you a non-exclusive, non-transferable, non-sublicensable, and limited right to access and use our Services for your own private purposes only, provided that your use is in accordance with these Terms. You acknowledge that you are fully responsible for the internet connection and/or mobile charges that you may incur for using our Services. Please consult your carrier, cellphone operator, etc. for detailed and further information held by them in this regard. While CodedFish gives you access and permission to use our Services through and in accordance with these Terms, you acknowledge that you are responsible for obtaining the relevant fishing permits or other authorizations needed in order to fish lawfully in a particular area or particular manner.

2. Content

CodedFish has respect for others and holds the originality of creation in high regard. When you use or interact with our Services and the other users of the Services you may elect to send, upload, communicate, transmit, or otherwise make available content, such as pictures, video, text, and information on your geographical position and other content (jointly "Content"), to us and/or other users of the Services. You agree that the Content you send, upload, communicate, transmit or otherwise make available:
⁃ does not constitute any information likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or inappropriate;
⁃ is true and does not constitute content that is false or misleading;
⁃ does not infringe the intellectual property (including copyright), publicity or privacy rights of any third party or otherwise violate such party's rights;
⁃ does not constitute information that you are not legally entitled to distribute (such as classified, protected or confidential information);
⁃ does not contain unsolicited or unauthorised advertising, promotional material, "junk mail", "spam", etc and does not contain software viruses or technology that may harm the Services, or the interests or property of our Services or other users of the Services.
CodedFish has provided means to report a user and user content through the app by using the “Report this catch” and “Block this user” feature.
Should you decide to report a user’s content, we will review the content and remove inappropriate content and deal with the offending user as seen fit, which could lead to your account being permanently banned.
Any abuse of this feature can lead to your account being banned CodedFish would appreciate being notified of any alleged objectionable or unauthorized use of content, and users, rights holders and licensees are invited to inform CodedFish of any potential violations by sending an email to us at [email protected]
CodedFish reserves the right in its discretion to remove any content from the Services, but is not required to do so. CodedFish does not review content and is therefore not responsible for any third party content or content provided by you or information contained therein, made available or otherwise used in connection with the Services, and is not responsible for the deletion or loss of any such content.
In the event that content you send, upload, communicate, transmit or otherwise make available gives rise to any intellectual property right (such as copyright), you hereby grant to CodedFish an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferable right to use, copy, reproduce, change, modify, translate, transfer, make publicly available and/or perform such content in relation to our services. To the fullest extent permitted under applicable law, you waive your right to and/or in the content. You acknowledge and agree that we may share content with our partners and/or companies that we collaborate with.

3. User conduct

Certain rules must be complied with to maintain the integrity of the Services and to promote the user experience. You may only use the Services if:
⁃ you are thirteen (13) years of age or above;
⁃ you agree that you will only send, upload, communicate, transmit or otherwise make available content that you own or otherwise are permitted to make available in the services;
⁃ you agree that you will not use another person or entity's name or e-mail address when you use our services;
If you create a user account, you agree that you will only create one account per platform, provide your full name and a valid e-mail address through which we will be able to contact you as well as any other step required in order to sign up for an account; you agree to keep your login details to your user account secure, which includes but is not limited to not disclosing your login details to anyone else or allowing someone else to use your login details or account; and you accept full responsibility for the activities carried out by the use of your account;
You agree not to disassemble, decompile or reverse engineer the services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Services; and You agree not to "harvest", "scrape" or collect any personal information (such as user name and e-mail address) regarding other users of our Services without their consent;
You agree not to remove or amend any copyright or other proprietary notices.
CodedFish recommends that you not use the Services during the operation of a vehicle, whilst piloting a boat or during other activities that pose a significant risk of accident or injury if conducted while using a mobile device or computer. You acknowledge that any such use is at your sole risk.

4. Privacy

When you sign up for an account you provide personal details to us that may be deemed as personal information under applicable legislation. CodedFish is acting as the party responsible for your personal data. By using our Services, you agree to the collection and use of personal data in accordance with our Privacy Policy, which is published at: www.codedfish.com/privacy. In addition, if you agree that our services are allowed to interact with any third party (such as social network sites), you give us permission to use information which that third party shares with us. You are advised to read third party terms carefully to see what information they might share with us.

5. Cookies

As with many websites, our services uses standard technology called "cookies," which are small data files that are transferred to your computer when you allow your browser to accept cookies. Cookies automatically identify your browser to our services whenever you visit, and make using our services easier for you by saving your username, passwords, and preferences. When you visit or interact with our Services, or our authorized service providers, cookies are used to store certain types of information for each time you visit or interact with our Services. By accepting these Terms you agree to CodedFish using cookies in accordance with our Privacy Policy, which is published at: www.codedfish.com/privacy. 6. Termination and cancellation You may terminate your account and use of the services at any time. You agree that CodedFish may terminate your account and use of the Services if you breach these Terms. We may also cancel unconfirmed accounts or accounts that have been inactive for a long time. You hereby acknowledge that if either we or you terminate your account, all your content will be made inaccessible. You hereby acknowledge and agree that as soon as you start using the services you waive any cancellation rights that you might otherwise have had.

7. Liability and indemnity

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law. Under no circumstances shall CodedFish's aggregate liability in connection with the Services or otherwise under these Terms exceed an amount corresponding to the greater of (a) Rand 100 (or the equivalent amount in your local currency), or (b) the aggregated fees which you paid to us in the 12 months prior to the action giving rise to the liability. CodedFish, including its partners, affiliates, contractors, officers, directors, employees, and agents, shall not be liable for any loss of profit, data or any other indirect damages in connection with the services or otherwise under these Terms. You agree to indemnify and hold CodedFish, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all claims, losses, liabilities, expenses and damages related to your breach of these Terms. As a consumer you have rights under consumer laws. We do not intend to limit or alter such rights under these Terms. Further we do not intend to impose a greater responsibility on you than you have under such consumer laws.

8. Assignment

CodedFish is entitled to assign any of its rights and obligations under these Terms without restriction.

9. Disclaimer

You agree that the Services are used at your own risk. Unless otherwise stated in these Terms, the services are provided "as is" and “as available” and CodedFish disclaims any and all warranties, whether express or implied, relating to the services, including but not limited to, accuracy, reliability, non-infringement or uninterrupted operation or access.

10. Modifications

CodedFish may change the Services, such as by adding or removing features or discontinuing the Services. In addition, CodedFish is entitled to modify these Terms at any time. We will notify you of any major modifications to the Terms by email 30 days in advance, but you are advised to regularly review the latest version which is published at www.codedfish.com/terms-of-service. If you do not wish to accept such Terms you can terminate your account. Any continued use by you of the Services following notification of modified Terms shall amount to acceptance by you of such Terms.

11. Payment

If you are under 18 years of age your legal guardian must consent thereto. We may change our fees from time to time by posting the changes on the CodedFish site or sending information by email 30 days in advance. If you continue to use the Services after the new fees apply you accept the new fees.

12. Intellectual property

You agree that all copyright, trademarks and other intellectual property rights relating to the Services are owned by CodedFish or its licensors.

13. Third party services

CodedFish may include links to third party services and/or third party services may be made available to you via CodedFish. These services are subject to third party terms and conditions. Please read third party terms carefully as they constitute an agreement between you and the third party.

14. Applicable law and disputes

These Terms shall be governed by the laws of South Africa. We both agree that the courts of South Africa shall have jurisdiction to settle any dispute, controversy or claim arising out of, or in connection with this Agreement, or the breach, termination or invalidity of the Agreement.

15. Entire Agreement

These Terms and all policies posted on our website represent the entire agreement between you and CodedFish relating to our Services, and replace all earlier agreements between you and us. If any provision of these Terms is found to be invalid, void or for any reason unenforceable, such provision shall be adjusted and shall not affect the validity and enforceability of the remaining clauses.

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