COURSE ENROLMENT TERMS
Please read the following terms and conditions carefully to ensure that you are fully aware of your rights and obligations when purchasing enrollment for an online training course (Course) via our websites including barrabasics.com, ryanmoodyfishing.com, fishsmarter.com.au (the Websites).
Your enrolment order signifies your agreement to be bound by these terms and conditions, which constitute a contract between Calypso Pacific Pty Ltd A.C.N.600 311 680 as trustee for Ryan Moody Family Trust trading as Ryan Moody Fishing (A.B.N.95 708 344 631) (we, us, our, or Ryan Moody Fishing) and you.
By clicking "I accept", you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
Ryan Moody Fishing may from time to time vary these terms and conditions and will provide notification via our Websites. All amendments will be effective immediately upon a notification being displayed on our Websites.
You will only have access to content relating to any Course, which you have ordered and paid for.
You must provide complete and accurate details at the time of making your order for enrolment to a Course. You may be required to provide additional details upon our request to ensure the accuracy of your order.
A Course is an individual purchase program.
Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Websites.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Ryan Moody Fishing is entitled to suspend or terminate your use of the Websites or membership at any time if Ryan Moody Fishing considers that you have brought, or may bring, the reputation of Ryan Moody Fishing or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of the Websites and ensure compliance with these terms.
Our service shall be delivered as described from time to time on our Websites. You acknowledge and understand that access to any specific person mentioned in the Websites, including Ryan Moody, in person, or on-line is not guaranteed.
All prices displayed on our Website are in Australian Dollars (AUD) and include Goods and Services Tax (GST).
We reserve the right to vary the prices displayed on our Websites from time to time and without notice to you.
You may pay for a Course via credit card (via the Paypal payment gateway) or via any other payment method that Ryan Moody Fishing has agreed to accept.
Upon payment, you agree to compensate Ryan Moody Fishing according to the payment schedule set forth on the website and the payment plan selected by you. Should payment not be made according to the payment schedule your access to the related courses(s) will be removed until payments are up to date. Please note, we do not issue refunds for payments already made if you cannot complete your payment plan. In order to re-gain access to the course(s), you will need to make a successful payment of all payments overdue.
We process orders on business days only, which are Monday to Friday and exclude public holidays in Queensland, Australia. All orders made via our Websites on a non-business day will be processed on the next business day.
Once you have placed an order to enroll in a Course, you are not permitted, or entitled to, change to a course that is different to the one that you have enrolled in.
Cancellation of Orders
Cancellation by you
All enrolments for a Course are final and cannot be cancelled by you.
Cancellation by Ryan Moody Fishing
Ryan Moody Fishing may cancel your order for any reason if we are unable to provide you with access to a Course subject to your order. We will provide you with a full refund of the purchase price for the Course/s that you have enrolled for. You will not be entitled to claim any additional amounts or seek compensation for any loss, expense or damage (either direct or consequential) or for any loss of time or inconvenience, which may result from our cancellation of a Course.
All fees paid in association with your enrolment in a Course are non-refundable unless we are required to make a refund under the Australian Consumer Law.
All material contained in, or connected with, a Course is owned or under license by Ryan Moody Fishing and protected by Australian and international laws.
Your participation in a Course does not grant you a license or act as a right of use of any of the course material, patented systems, frameworks, trademarks or logos, whether registered or unregistered, contained in, or connected with, a Course without the express written permission of Ryan Moody Fishing.
Ryan Moody Fishing owns the copyright, which subsists in all creative and literary works that are contained in, or connected with, a Course subject to certain works being under license. You must not:
- reproduce or use any of the material on the Websites;
- in any way modify the material on the Websites; or
- cause any of the material on the Websites to be framed or embedded in another website.
- sell, transfer, assign, license or modify the content or reproduce, display, publicly perform, make a derivative version of, or otherwise use the Websites content in any way for any public or commercial purpose.
- systematically download or "scrape" the Websites.
In summary, you must not modify, copy, reproduce, screenshot, republish, frame, upload to a third party, post, transmit or distribute any material or trade mark connected with a Course in any way except as expressly provided for by contained in, or connected with, a Course.
The use of the materials and/or content of the Websites and/or Ryan Moody Fishing’s Intellectual Property, except as permitted in this agreement, is strictly prohibited and will subject you to civil and criminal penalties, including possible monetary damages, prosecuted to the fullest extent permitted by law, for copyright and other infringement.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- the frequency and nature of any downloads; and
- the time of access and IP addresses used to access the Websites.
We may suspend, limit or terminate your access to the Websites (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
Enforcement of our intellectual property rights
Ryan Moody Fishing will not, under any circumstances, tolerate infringement of its intellectual property, whether such infringement is inadvertent or otherwise. In the event that you do any of the prohibited acts as listed above or infringe upon its intellectual property in any other way, Ryan Moody Fishing will enforce its intellectual property rights against you.
Third Party Materials and Websites
Ryan Moody Fishing may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other Course participants. The third party materials and websites are not part of the Course and may be withdrawn or terminated at any time without notice to you and without any liability to Ryan Moody Fishing. You agree that you will be responsible for all payment and other obligations associated with your use of any or all third-party materials and websites.
We do not provide any warranty or take any responsibility for any aspect of third party materials and websites or their content.
Purchase of products and services on the site
The purchase of any goods or services from the Site is governed by these terms and conditions. Ryan Moody Fishing makes no warranty as to the quality of such products including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
Ryan Moody Fishing Community and/or Fish Smarter Community
When using our products and/or services, you may be given access to Facebook groups, other online or in person forums (Fish Smarter and/or Ryan Moody Fishing Community) or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through the Websites or our Ryan Moody Fishing and Fish Smarter Community any of the following:
- Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
- Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
- Information that includes personal or identifying information about another person without that person’s consent.
- Information that constitutes promotion or advertisement for groups, events or activities organised through competing social clubs, activity sites and internet platforms, except as otherwise expressly permitted by us.
- Any information or content that impersonates any person or entity.
By posting or otherwise publishing Your Content on our Webistes or Ryan Moody Fishing and/or Fish Smarter Community, you:
- Grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit Your Content in any form and for any purpose;
- Warrant that you have the right to grant the above licences;
- Warrant that Your Content does not breach these Terms; and
- Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
We reserve the right (but have no obligation) to:
- Review, modify, reformat, reject or remove Your Content that, in our opinion, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
- Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purposes of any police investigation or governmental request.
Facebook Private Study Groups
A Facebook study group may have been established as a convenience to you and other Course participants. However, all and any third party websites and material – such as a Facebook study group, are not part of the Course and may be withdrawn or terminated at any time without notice to you and without any liability to Ryan Moody Fishing.
Each Facebook Study Group is strictly for paid members of the associated course.
Each Facebook Study Group is a component of a course community membership.
Continued access to the Facebook study group is contingent on broader community membership and may involve a subscription based fee. Failure to make payment by the payment date will lead to suspension of community membership and all associated benefits including the use of the Facebook Study Group.
Code of Conduct
The Ryan Moody and Fish Smarter community is not about trying to turn other Course participants into your customers. This is a family friendly space for learning and is a pitch-free, solicitation-free and sales-free environment.
You agree to abide by the Fish Smarter Community Rules, which are available at https://www.fishsmarter.com.au/community-house-rules/
Your failure to comply with our community rules may result in immediate termination of your participation in the Course without refund.
You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage Ryan Moody Fishing, a Course, Fish Smarter or Ryan Moody including but not limited to any remark, comment, message, information, declaration, campaign, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed as derogatory, defamatory, libellous or slander.
The information contained in a Course is to only serve as general information only. It is not intended to be comprehensive, nor does it constitute advice in any way. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information contained in a Course. To the fullest extent permitted by the law, in material contained in, or associated with, a Course disclaims all liability (whether arising by negligence or otherwise) to any person, in respect of action taken in reliance on the information.
You acknowledge, accept and agree that by enrolling in a Course, you are fully responsible for your progress and the results derived from your participation in a Course. As you would be aware, the results achieved when fishing vary from person to person depending on personal attributes, including level of skill, knowledge, dedication and physical capability. For these reasons, we offer no representations, warranties or guarantees, verbally or in writing, regarding your performance or any certain results that you may or may not achieve.
We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the Website, any website linked to the Website, materials or content including the transmission of any virus.
Testimonials published by us are independent and genuine. However, they do not represent a guarantee or warranty of similar results.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, information relating to a Course or your fishing endeavours generally.
By agreeing to these terms and conditions, you also consent to receive further electronic communications from us in relation to the Ryan Moody Fishing business, including information relating to course offerings, competitions, promotions, special offers and any other commercial message. Of course, you may at any time, unsubscribe from receiving electronic commercial messages from us. Contact us here.
The laws of Queensland, Australia govern these terms and conditions.
If you have any questions about these terms and conditions, please contact us here.
Course Enrolment Terms last updated 4 February 2019