eCatch Terms and Conditions

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with eCatch mobile application (the “Service”) operated by eCatch New Zealand Limited (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using our eCatch mobile application (the “Service”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

1. Subscriptions

   1. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in arrears on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
   2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or eCatch New Zealand Limited cancels it. You may cancel your Subscription renewal by contacting eCatch New Zealand Limited customer support team at support@ecatch.co.nz.
   3. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide eCatch New Zealand Limited with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise eCatch New Zealand Limited to charge all Subscription fees incurred through your account to any such payment instruments.
   4. Should automatic billing fail to occur for any reason, eCatch New Zealand Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

2. Free Trial

   1. eCatch New Zealand Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
   2. You may be required to enter your billing information in order to sign up for the Free Trial.
   3. If you do enter your billing information when signing up for the Free Trial, you will not be charged by eCatch New Zealand Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
   4. At any time and without notice, eCatch New Zealand Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

3. Fee Changes

   1. eCatch New Zealand Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
   2. eCatch New Zealand Limited will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
   3. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

4. Refunds

   1. Certain refund requests for Subscriptions may be considered by eCatch New Zealand Limited on a case-by-case basis and granted at the sole discretion of eCatch New Zealand Limited.

5. Data

   1. Our service allows you to record and otherwise make available certain information (“Data”). You are responsible for the Data that you post to the Service, including its accuracy, legality, reliability, and appropriateness.
   2. By posting Data to the Service, you grant us the right and licences to display the data in the Service and to distribute it to Commercial Fisheries Services (CFS) “FishServe” database. You retain any and all of your rights to any Data you record, submit or display on or through the Service and you are responsible for protecting those rights.
   3. You represent and warrant that: (i) the Data is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any other person.

6. Accounts

   1. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. eCatch etc will only use this information as outlined in our Privacy Policy. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
   2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
   3. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

7. Intellectual Property

   1. The Service and its original data (excluding Data provided by users), features and functionality are and will remain the exclusive property of eCatch New Zealand Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of eCatch New Zealand Limited.

8. Links To Other Websites

   1. Our Service may contain links to third-party web sites or services that are not owned or controlled by eCatch New Zealand Limited.
   2. eCatch New Zealand Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that eCatch New Zealand Limited 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 web sites or services.
   3. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

9. Monitoring

   1. We have legal obligations to monitor what’s transmitted over our networks. We’ll also share information when we consider it necessary to satisfy a law, regulation, code, legal process or government agency request. And we may edit, remove or block some information when we have a legal obligation to.

10. Termination

    1. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
       1. We will suspend your account 1-month after an unpaid invoice.
       2. We will terminate your account 2-months after an unpaid invoice.
    2. Upon termination, your right to use the Service will immediately cease.
    3. If you wish to terminate your account, you must contact eCatch and indicate so.

11. Indemnity

    1. To the maximum extent permitted by law, you shall defend, indemnify and hold harmless eCatch against all losses arising out of or in connection with your use of the Service.
    2. In relation to any claim which gives rise or may give rise to any Loss in respect of which you shall indemnify eCatch under Clause 10.1:
    3. eCatch shall give you prompt notice of any such claim;
    4. eCatch shall provide reasonable cooperation with you in the defence and settlement of such claim, at your expense; and
    5. You  shall be given sole authority to defend or settle the claim.

12. Limitation Of Liability

    1. In no event shall eCatch New Zealand Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, content, use, goodwill, or other intangible losses, resulting from:
       1. your access to or use of or inability to access or use the Service;
       2. any conduct or content of any third party on the Service;
       3. any content obtained from the Service; and 
       4. unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

13. Disclaimer

    1. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
    2. eCatch New Zealand Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

14. Governing Law

    1. These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
    2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

15. Assignment

    1. eCatch may assign or otherwise transfer any benefit or obligation arising under this Agreement without your prior written consent.

16. Changes

    1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
    2. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these terms & conditions, please contact us at support@ecatch.co.nz.