Terms and Conditions

Updated January 2019

Terms of Use

PREAMBLE PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE “AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY FISHISON INC. (“FISHISON”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT FISHISON.CA AND ALL SERVICES PROVIDED BY THE FISHISON SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY FISHISON, INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY FISHISON YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

CANADIAN USAGE
This Site may only be used by residents of Canada. If you use this Site outside of Canada, you do so at your own risk and are responsible for complying with all applicable laws and tax regulations.

FISHISON IS A MARKETPLACE/VENUE
Fishison acts as a marketplace/venue to allow users who comply with Fishison’s Terms of Use and policies to offer, sell and buy fishing products from other users. While Fishison has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. Fishison also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. Fishison encourages you to communicate directly with potential transaction partners through the tools available on the Site. You agree that Fishison is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on Fishison. YOU USE THE FISHISON SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS.

GENERAL OVERVIEW: TERMS

  • You acknowledge that you must be 18 years or older to use this site or establish an account.
  • You acknowledge that you bear sole responsibility for keeping your password secure.
  • You agree not to use Fishison for any illegal or unauthorized purpose.
  • You agree to comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links or any other content that you submit, post or display on the Website.
  • You always agree to keep your information up-to-date and accurate, including a valid email address. To sell items on Fishison you must provide and maintain valid payment information such as valid banking, credit card or PayPal account.
  • You agree not to modify, adapt or hack Fishison.ca or modify another website to falsely imply that it is associated with Fishison.
  • You agree not to solicit, harass or impersonate Fishison members.
  • You agree not to transmit any worms or viruses or any code of a destructive nature.

Furthermore, while Fishison discourages certain conduct and content on the Website, you acknowledge and agree the Website is a marketplace/venue and as such is not responsible for the content posted on it. You agree to use the Website at your own risk.

GENERAL OVERVIEW: CONDITIONS

  • Fishison reserves the right to modify or terminate any service for any reason at any time, with or without notice.
  • Fishison reserve the right to alter this Fishison User Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of Fishison, Fishison will notify you via email.
  • Fishison reserves the right to refuse service to anyone for any reason at any time.
  • Fishison may remove content (by way of example but without limitation: items, item descriptions, chat text, and information submitted in the forums) that Fishison determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property, Fishison Terms of Use, Fishison Privacy Policy, or any other policy documents and community guidelines as posted on Fishison. Fishison has no obligation to do so, however.
  • Fishison will terminate your account without notice if your account is used for hosting graphic elements of web page designs, icons, smilies, buddy icons, forum avatars, badges and other non-photographic elements on external websites.
  • You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Fishison, you agree to allow other Fishison users to view them and you agree to allow Fishison to display the images and content on Fishison, or in emails from Fishison, and store the images, item description, profile and other content.
  • All Fishison graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. Fishison’s trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

MEMBERSHIP ELIGIBILITY

Fishison’s services are free, but available only to individuals who can form legally binding contracts under applicable law. Fishison’s services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Fishison members. If you do not qualify, please do not use Fishison. Further, you also agree not to transfer or sell your account (including feedback) or User ID.

VENDOR OBLIGATIONS AND GUIDELINES

Fees & Deposits
Joining and setting up a shop on Fishison is free. Fishison does not charge fees to list an item for sale. Fishison charges a transaction fee of 10% or more depending on agreements of the total value of the transaction, excluding shipping and applicable taxes. Unless otherwise stated, all fees are quoted in Canadian Dollars (CAD).

Changes to the Fees for our services are effective after Fishison provides at least fourteen (14) days’ notice of the changes by posting the changes on Fishison. However, Fishison may choose to temporarily change Fishison’s Fees for promotional events (for example, free listing days) and such changes are effective when Fishison posts the temporary promotional event on Fishison. Fishison may, at Fishison’s sole discretion, change some or all of Fishison’s services at any time. In the event Fishison introduces a new service, the fees for that service are effective at the launch of the service.

Funds available for deposit on the vendors account can be found on the Dashboard of the Fishison website. The minimum amount of funds available required for disbursement is CAD $250. Funds available over this amount can be requested for deposit on the 15th and/or the last day of the month. Depending on the vendor’s bank, funds may take 3 to 5 business days to appear in the vendor’s bank account.

Listing Description: You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Listings may not contain outbound links that direct users off of Fishison.

Binding Sale: All sales are binding. If you, as a vendor, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer’s identity.

Termination: Without limiting any other remedies, Fishison, without notice, may suspend or terminate your account if Fishison suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Fishison’s policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Fishison. If you have a question or wish to dispute a charge, contact Fishison support.

Manipulation: The price stated in each Fishison Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example, manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item’s price prior to a sale for the purpose of avoiding Fishison transaction fees, and hacking into another’s account and altering prices. Neither buyer nor vendor, may manipulate the price of any item for any reason.

CONTENT AND USAGE GUIDELINES

Your Content: Fishison does not claim ownership rights over content you place on the Site or in your listings (the “Content”). You grant Fishison a license solely to enable Fishison to use any information or Content you supply Fishison with, so that Fishison is not violating any rights you might have in that Content. You grant Fishison a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Fishison to store or re-format your Content on Fishison and display your Content on Fishison in any way as Fishison chooses. Fishison can also use any transactional information including sale date and final price for sales completed on Fishison as it sees fit.

Personal Information: Fishison will only use personal information in accordance with Fishison’s Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another Fishison user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Fishison-related communications. Fishison has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Fishison user to your email or physical mail list. For more information, see Fishison’s Privacy Policy.

Re-Posting Content: By posting Content on Fishison, it is possible for an outside website or a third party to re-post that Content. You agree to hold Fishison harmless for any dispute concerning this use. If you choose to display your own Fishison-hosted image on another website, the image must provide a link back to its listing page on Fishison.

Idea Submissions: Fishison considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and Fishison shall not be liable for the disclosure or use of such Material. If, at Fishison’s request, any member sends Material to improve the site (for example through the Forums or to customer support), Fishison will also consider that Material to be non-confidential and non-proprietary and Fishison will not be liable for use or disclosure of the Material. Any communication by you to Fishison is subject to this Agreement. You hereby grant and agree to grant Fishison, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Information Control: Fishison does not control the Content provided by users that is made available on Fishison. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Fishison, you agree to accept such risks and expressly agree that Fishison (and Fishison’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Fishison. Please use caution, common sense, and practice safe buying and selling when using Fishison.

Other Resources: Fishison is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Fishison does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Fishison shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Prohibited, Questionable and Infringing Usage; Restricted Activities: Your Activities which results in Your Information (or any items listed) on Fishison shall not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the Terms of Use in any way;
(c) infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
(d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
(e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) be obscene or contain child pornography
(g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
(i) link directly or indirectly to or include descriptions of goods or services that:
(aa) are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Fishison or;
(bb) are identical to other items you have for sale but are priced lower;
(cc) you do not have a right to link to or include.
Furthermore, you may not list any item on Fishison (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Intellectual Property: Fishison, and other Fishison graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Fishison or its affiliated companies. Fishison’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of Fishison.

Access and Interference: Fishison may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Fishison is updated on a real-time basis and is proprietary or is licensed to Fishison by Fishison’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Fishison for any purpose whatsoever, except to the extent expressly permitted by Fishison’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in Fishison’s sole discretion, an unreasonable or disproportionately large load on Fishison’s infrastructure. You will not copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass Fishison’s robot exclusion headers or other measures Fishison may use to prevent or restrict access to Fishison.

Feedback Integrity; Feedback Export: You may not take any actions that may undermine the integrity of the feedback system. Fishison may, without prior notice, limit the number of purchases and listings, which you may place on Fishison based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Fishison. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Fishison users, you agree that you shall not market or export your Fishison feedback rating in any venue other than a Fishison operated website.

MISCELLANEOUS TERMS AND CONDITIONS

Breach: Without limiting other remedies available, Fishison may, without prior notice, limit your activity, immediately remove your item listings, warn Fishison’s community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership (without refunding any fees) and refuse to provide our services to you if:
(a) you breach this Agreement or other policy documents and community guidelines this Terms of Use incorporates by reference;
(b) Fishison is unable to verify or authenticate any of Your Information; or
(c) Fishison believes that your actions may cause financial loss or legal liability for you, Fishison’s users or Fishison.

No Warranty: FISHISON AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS PROVIDE FISHISON’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FISHISON AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

Limitation On Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FISHISON AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THIS SITE INCLUDING, WITHOUT LIMITATION, (1) THE USE OF OR INABILITY TO USE THIS SITE; (2) ANY CONTENTS OR MATERIALS DOWNLOADED FROM THIS SITE, AND ANY LINKS PROVIDED ON THIS SITE; (3) ANY INACCURACY, ERROR OR OMISSION IN RELATION WITH THE TIPS, ADVICE, GUIDES AND OTHER INFORMATION CONTAINED ON THIS SITE OR IN RELATION WITH ANY DELAY IN THEIR TRANSMISSION OR DELIVERY, (4) ANY WORK INITIATED BY YOU AND BASED ON THE DIRECTIONS CONTAINED ON THIS SITE OR RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF THE INFORMATION CONTAINED ON THIS SITE; (5) ANY TRANSACTION CONDUCTED ON THIS SITE; AND (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification: YOU AGREE TO INDEMNIFY AND HOLD FISHISON AND (AS APPLICABLE) ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

Legal Compliance: You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of item.

General: The delay or failure of Fishison to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Fishison’s rights with respect to such breach or any subsequent breaches. Fishison shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. You may not assign these Terms of Use to any third party without the prior written consent of Fishison. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein except in cases where the laws of the Canadian jurisdiction in which you reside requires that the laws of such jurisdiction to apply, in which case the laws of such jurisdiction shall apply. The exclusive jurisdiction for any claim, action or dispute with Fishison or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the Province of Ontario unless required otherwise by applicable laws of your province of residence.

CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.

CONTACT US: If you have any questions about this Agreement, please contact us by filling out our contact form