Terms & Conditions

 

Here are our Terms & Conditions.

 

The AirFish Terms & Conditions (updated 5 September 2025) outline AirFish and your obligations and responsibilities on the AirFish Platform.

 

User Agreement: www.airfish.com.au

 

AirFish operates an online Platform that enables Users to connect through the AirFish Platform with other Users who organise and participate in recreational fishing Trips.

 

Please read these Terms and all related policies, including our Privacy Policy, carefully before using the AirFish Platform. The Privacy Policy is incorporated into this Agreement by reference and forms part of your Agreement with us.

 

All defined terms in this Agreement have the meaning given to them in the AirFish Glossary.

 

1. SCOPE OF AIRFISH SERVICES

 

1.1 Basic Principles

 

• 1.1.1 AirFish provides the Platform as a way for Skippers and Mates to connect. Any Agreement to participate in a Trip is made directly between the Skipper and the Mate. AirFish is not a party to any contract, Agreement, or understanding between Users and has no responsibility for the performance, safety, legality, or outcome of any Trip.

• 1.1.2 AirFish provides the AirFish Platform to enable Skippers to publish listed Trips.

• 1.1.3 Mates may contact the Skipper in response to a posted Trip. Trip details will be made publicly available, including to internet Users who are not Users.

• 1.1.4 A Skipper may revoke or modify a posted Trip at any time he/she decides. AirFish reserves the right to cancel all Trips posted by Skippers.

• 1.1.5 AirFish does not verify Skippers, Mates, vessels, or Trip details. Users are solely responsible for ensuring that all information provided is accurate, lawful, and compliant with applicable regulations.

• 1.1.6 AirFish does not make any guarantee that a posted Trip will proceed, that a Mate will join, or that a Skipper will accept a Mate. Availability is determined solely by the Users.

• 1.1.7 Skippers and Mates are solely responsible for holding any licences, permits, or insurance required by law. AirFish does not provide or check such documentation.

• 1.1.8 Use of the AirFish Platform is at your own risk. AirFish disclaims all liability arising from or related to any Trip or interaction between Users.

 

2. USER ACCOUNTS & OBLIGATIONS

 

2.1 Account Creation & Accuracy

 

• 2.1.1 Users must provide accurate, current, and complete information when creating an account or posting a Trip.

• 2.1.2 Users are responsible for keeping their login details secure and for all activity under their account.

 

2.2 Eligibility

 

• 2.2.1 Users must comply with all licensing, registration, and insurance requirements relevant to recreational boating in their jurisdiction.

 

2.3 Compliance with Laws

 

• 2.3.1 Users agree to comply with all applicable laws, regulations, and maritime safety requirements in their jurisdiction.

• 2.3.2 Users are solely responsible for ensuring that their participation in a Trip does not breach any law (e.g. fisheries, boating, alcohol limits, or passenger rules).

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2.4 Conduct on the Platform

 

• 2.4.1 User must not post false, misleading, or fraudulent information.

• 2.4.2 Users must not engage in abusive, discriminatory, or unsafe behaviour, whether online or during the Trip.

• 2.4.3 Users mut use the Platform only for its intended purpose (connecting Skippers and Mates for fishing Trips).

 

2.5 Payments & Cost Sharing

 

• 2.5.1 Any cost Contributions between Skippers and Mates are arranged directly between the Users.

• 2.5.2 AirFish does not process payments, set Contribution amounts for Trips, or mediate disputes.

 

2.6 Assumption of Risk

 

• 2.6.1 Users acknowledge that fishing and boating involve inherent risks including but not limited to weather, equipment failure and injury.

• 2.6.2 Participation in any Trip is voluntary and at the sole risk of the User.

 

2.7 Indemnity

 

• 2.7.1 Users agree to indemnify and hold harmless AirFish, its directors, and Affiliates against any claims, damages, or losses arising from their use of the Platform or participation in Trips.

 

3. PLATFORM ROLE AND LIMITATIONS

 

3.1 No Control Over Users

 

• 3.1.1 AirFish does not control, supervise, or direct Skippers or Mates. AirFish has no responsibility for the actions or omissions of any User, including compliance with legal, safety, or licensing requirements.

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3.2 No Guarantee of Trips

 

• 3.2.1 AirFish does not guarantee that any Trip will take place, that any Skipper will accept a Mate, or that any Mate will attend. Availability, timing, and conditions of Trips are determined solely by Users.

 

3.3 Third-Party Content

 

• 3.3.1 Trip Listings, profiles, and any other content are created by Users. AirFish does not verify or endorse this content and is not responsible for errors, omissions, or inaccuracies.

 

3.4 Risk Acknowledgement

 

• 3.4.1 Boating and Fishing activities carry inherent risks, including but not limited to injury, loss, or property damage. Users participate entirely at their own risk.

 

3.5 Limitation of Liability

 

• 3.5.1 To the maximum extent permitted by the law, AirFish is not liable for any loss, injury, damage, claim, or expense arising from use of the Platform or participation in any Trip.

 

4. PAYMENTS AND CONTRIBUTIONS

 

4.1 Contributions

 

• 4.1.1 Mates may contribute to the cost of fuel and bait only, as agreed with the Skipper. The Contribution amount is determined solely between the Skipper and the Mate.

 

4.2 Payment Methods

 

• 4.2.1 AirFish does not process payments. All payments or Contributions are arranged directly between Skippers and Mates.

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4.3 No Commercial Service

 

• 4.3.1 Trips arranged through AirFish are cost-sharing in nature. AirFish is not a charter, hire, or commercial fishing service, and Skippers must not use the Platform to operate as such.

 

4.4 Disputes

 

• 4.4.1 AirFish is not responsible for any disputes over Contributions, refunds, or payments. These matters must be resolved directly between Skippers and Mates.

 

5. TERMINATION, SUSPENSION & ACCOUNT DELETION

 

5.1 Account Termination or Suspension by AirFish

 

• 5.1.1 AirFish reserves the right to suspend or terminate a User’s account, at its sole discretion, at any time, and for any reason, including but not limited to:

  • Violation of these Terms & Conditions or applicable law.

  • Posting false, misleading, or fraudulent information.

  • Engaging in unsafe, abusive, or discriminatory behaviour.

  • Using the Platform for commercial or non-intended purposes.

• 5.1.2 AirFish may also remove, modify, or block access to any Trip Listing or content that breaches these Terms & Conditions, or is deemed inappropriate, without prior notice.

 

5.2 User-initiated Account Deletion

 

• 5.2.1 Users may request deletion of their account at any time by contacting AirFish through the provided support channels.

• 5.2.2 Upon account deletion, all Trip Listings, personal information, and associated content may be permanently removed and cannot be recovered.

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5.3 Effect of Termination or Suspension

 

• 5.3.1 Termination or suspension of a User account does not release the User from obligations incurred prior to termination, including Indemnity responsibilities and payment Contributions.

• 5.3.2 Users remain liable for any outstanding obligations, including payments, Contributions, or legal responsibilities relating to Trips arranged through the Platform.

 

5.4 Survival of Terms

 

• 5.4.1 Sections regarding Assumption of Risk, Indemnity, Limitation of Liability, Payments, and Contributions will survive the termination or suspension of any account.

 

6. INTELLECTUAL PROPERTY & CONTENT OWNERSHIP

 

6.1 Platform Ownership

 

• 6.1.1 All intellectual property (IP) rights, including copyrights, trademarks, logos, and software, in the AirFish Platform, its underlying code, design, graphics, and functionalities, are owned exclusively by AirFish or its licensors.

• 6.1.2 Users do not acquire any ownership rights to the Platform itself by creating an account or using the service.

 

6.2 User-Generated Content (UCG)

 

• 6.2.1 Users may submit content such as fishing Trip Listings, photos and biographies (“User Content”).

• 6.2.2 Users retain ownership of their User content but grant AirFish a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display such content on the Platform and in promotional materials.

• 6.2.3 This license allows AirFish to operate, promote, and improve the service, but does not transfer ownership of User content to AirFish.

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6.3 Content Guidelines and Responsibility

 

• 6.3.1 Users are solely responsible for the legality, accuracy, and appropriateness of the content they post.

• 6.3.2 AirFish reserves the right to remove or modify any User content that violates the Platform’s guidelines, infringes IP rights, or is unlawful, offensive, or misleading.

 

6.4 Feedback & Suggestions

 

• 6.4.1 Any feedback, suggestions, or ideas submitted to AirFish regarding the Platform may be used by AirFish without restriction or compensation to the User.

• 6.4.2 Users acknowledge that such Contributions become the property of AirFish and may be incorporated into the Platform’s features or offerings.

 

6.5 Third-Party Content

 

• 6.5.1 Any third-party content displayed or linked on the Platform is subject to the rights and terms of its respective owner.

• 6.5.2 AirFish is not responsible for third-party IP infringements or content disputes.

 

7. PRIVACY & DATA PROTECTION

 

7.1 Data Collection

 

• 7.1.1 AirFish collects and processes personal information provided by Users, including but not limited to names, contact details, Trip preferences, and account information, for the purpose of operating the Platform.

• 7.1.2 By using the Platform, Users consent to the collection, storage, and use of their personal information in accordance with these Terms & Conditions and any applicable privacy laws.

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7.2 Use of Data

 

• 7.2.1 AirFish uses Personal Data to:

  • Facilitate communication between Skippers and Mates.

  • Provide notifications about relevant Trips.

  • Improve Platform features, services, and User experience.

  • Comply with legal and regulatory obligations.

• 7.2.2 AirFish may use aggregated and anonymised User data to provide insights to third parties, including advertisers and partners. This data will not identify individual Users.

 

7.3 Data Sharing

 

• 7.3.1 User information may be shared with other Users where necessary (e.g. Trip Listings, profile visibility).

• 7.3.2 AirFish may share data with trusted third-party service providers (e.g. hosting providers or security services) strictly for Platform operations.

• 7.3.3 AirFish may disclose User information if required by law, regulation, or to protect its legal rights.

 

7.4 Data Security

 

• 7.4.1 AirFish takes reasonable measures to protect User data from unauthorised access, loss, or misuse.

• 7.4.2 Users acknowledge that no method of data storage or transmission over the internet is completely secure, and AirFish cannot guarantee absolute security of information.

 

7.5 User Rights

 

• 7.5.1 Users may request access to, correction of, or deletion of their Personal Data by contacting AirFish through the provided support channels.

• 7.5.2 Requests will be actioned within a reasonable timeframe and in compliance with applicable privacy regulations.

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7.6 Notifications

 

• AirFish may send Users marketing communications, including information from advertisers and partners, which may be relevant to their interests. Users may opt out of receiving such communications at any time.

 

8. SAFETY & LIABILITY

 

8.1 User Responsibility

 

• 8.1.1 All Users are solely responsible for their own safety, conduct, and decisions when arranging or participating in a Trip.

• 8.1.2 Skippers are responsible for ensuring that their vessel, equipment, and operations comply with all applicable safety, licensing, and regulatory requirements.

• 8.1.3 Mates are responsible for exercising judgement when selecting Trips and must satisfy themselves as to the safety and suitability of the vessel, skipper, and conditions.

 

8.2 Insurance

 

• 8.2.1 AirFish does not provide insurance of any kind.

• 8.2.2 Skippers and Mates are solely responsible for obtaining any insurance they consider necessary, including but not limited to vessel, liability, or personal accident insurance.

 

8.3 Medical Fitness

 

• 8.3.1 Users are responsible for ensuring they are medically fit to participate in boating and fishing activities.

• 8.3.2 AirFish accepts no responsibility for medical conditions, health issues, or incidents arising during or after a Trip.

 

8.4 Release of Claims

 

• 8.4.1 To the maximum extent permitted by law, Users release and hold harmless AirFish, its directors, employees, and Affiliates from any and all claims, damages, liabilities, or expenses arising from or connected to their use of the Platform or participation in Trips.

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8.5 Limitation of Liability

 

• 8.5.1 The limitations already outlined in Sections 2.6 (Assumption of Risk) and 3.5 (Limitation of Liability) apply in full and are incorporated here by reference.

• 8.5.2 In addition, AirFish’s liability to any User for any cause whatsoever shall be limited to the greater of (i) AUD $100 or (ii) the amount, if any, paid by the User to AirFish for use of the Platform in the six months preceding the claim.

 

9. DISPUTE RESOLUTION & GOVERNING LAW

 

9.1 Governing Law

 

• 9.1.1 These Terms & Conditions are governed by and construed in accordance with the laws of South Australia, Australia.

• 9.1.2 Users submit to the non-exclusive jurisdiction of the courts of South Australia for any disputes arising under or in connection with these Terms & Conditions.

 

9.2 Informal Resolution

 

• 9.2.1 Users should first attempt to resolve any dispute or complaint by contacting AirFish via the provided support channels.

• 9.2.2 AirFish will make reasonable efforts to respond to and resolve complaints in a timely manner.

 

9.3 Mandatory Negotiation

 

• 9.3.1 If a dispute cannot be resolved informally, the parties agree to engage in good faith negotiation or mediation before commencing formal legal proceedings.

• 9.3.2 Any mediation will be conducted in South Australia, unless otherwise agreed in writing.

 

9.4 Waiver of Class Actions

 

• 9.4.1 Users agree to resolve disputes on an individual basis and waive any right to participate in class actions or representative proceedings against AirFish.

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9.5 Limitation on Claims

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• 9.5.1 Any claim or action against AirFish must be commenced within 12 months from the date the cause of action arose; otherwise, the claim is barred.

 

10. MISCELLANEOUS & GENERAL PROVISIONS

 

10.1 Entire Agreement

 

• 10.1.1 These Terms & Conditions, together with the Privacy Policy and other policies referenced herein, constitute the entire Agreement between AirFish and Users regarding use of the Platform.

• 10.1.2 They supersede all prior Agreements, communications, and understandings, whether written or oral, relating to the Platform.

 

10.2 Changes to Terms

 

• 10.2.1 AirFish may update or modify these Terms & Conditions at any time.

• 10.2.2 Users will be notified of material changes via the Platform or email, and continued use of the Platform constitutes acceptance of the updated terms.

 

10.3 Severability

 

• 10.3.1 If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

 

10.4 Waiver

 

• 10.4.1 Failure by AirFish to enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision.

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10.5 Assignment

 

• 10.5.1 Users may not assign or transfer their rights or obligations under these Terms & Conditions without prior written consent from AirFish.

• 10.5.2 AirFish may assign or transfer its rights and obligations at any time without restriction.

 

10.6 Notices

 

• 10.6.1 Any notices to Users may be sent via the Platform, email, or other contact details provided during registration.

• 10.6.2 Notices are deemed received:

  • On delivery, if sent via email, phone, or Platform message, or

  • Three business days after posting, if sent by mail.

 

10.7 Force Majeure

 

• 10.7.1 AirFish is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, internet outages, strikes, or government actions.

 

10.8 No Partnership or Agency

 

• 10.8.1 Nothing in these Terms & Conditions creates a partnership, joint venture, or agency relationship between AirFish and any User.

• 10.8.2 Users act independently when arranging Trips and are responsible for all obligations arising from their actions.

 

11. CONTACT INFORMATION & SUPPORT

 

11.1 General Support

 

• 11.1.1 User can contact AirFish for any questions, feedback, or support requests via the Platform’s in-app support system or through the provided email address.

• 11.1.2 AirFish will make reasonable efforts to respond to inquiries in a timely manner, but does not guarantee immediate resolution.

 

11.2 Account and Privacy Requests

 

• 11.2.1 Users may request access to, correction of, or deletion of their personal information in accordance with the Privacy Policy.

• 11.2.2 Users may request account deletion at any time. Once deleted, all associated Trip Listings, personal information, and content may be permanently removed and cannot be recovered.

 

11.3 Reporting Misconduct or Unsafe Behaviour

 

• 11.3.1 Users are encouraged to report any abusive, unsafe, or unlawful activity by contacting AirFish through in-app channels or directly.

• 11.3.2 AirFish may investigate complaints and take action at its sole discretion, including removing content, suspending, or terminating User accounts.

 

11.4 Contact Details

 

• 11.4.1 Email: [admin@airfish.com.au]

• 11.4.2 In-app support via the AirFish Platform.

 

 

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AirFish Glossary

 

“Affiliate” means an entity that controls, is controlled by, or is under common control with AirFish.

 

“Agreement” means the most updated version of the agreement between AirFish and a User.

 

“AirFish” means AirFish Pty Ltd, the owner and operator of the Platform.

 

“Contribution” means a cost-sharing payment agreed between Skippers and Mates, covering fuel and bait.

 

“Force Majeure” means events outside AirFish’s reasonable control, such as natural disasters, strikes, or service outages.

 

“Indemnity” means a User’s obligation to cover claims, losses, or damages connected with their use of the Platform.

 

“Listing” means a Trip or related content posted on the Platform by a Skipper.

 

“Mate” means a User who joins a Trip posted by a Skipper.

 

“Personal Data” means information that identifies an individual, collected and processed under the Privacy Policy.

 

“Platform” means the AirFish website, mobile app, and related services.

 

“Privacy Policy” means AirFish’s published rules on how Personal Data is collected, used, and protected.

 

“Skipper” means a User who creates and posts a Trip Listing.

 

“Terms & Conditions” outlined in this document setting out the rules for the use of the platform.

 

“Trip” means a fishing or boating activity arranged through the Platform.

 

“User” means any person or entity who accesses, registers for, or uses the Platform.

 

“User-Generated Content (UGC)” means content submitted by Users to the Platform, including Trip Listings, photos or biographies.