FISHINGMAD – WEBSITE, SUBSCRIPTION & COMMUNITY TERMS AND CONDITIONS
Last updated: 04.03.2026
1. About These Terms
These Terms and Conditions (“Terms”) govern your access to and use of:
• the FishingMad public website (“Website”);
• the FishingMad members area and subscription-based services (“Membership Services”); and
• the FishingMad community forums and any related community features (“Community”).
Together, the Website, Membership Services and Community are the “Service”.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Definitions
In these Terms:
• ACCC/ACL means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Content means all material made available via the Service, including text, images, videos, reports, GPS marks, guides, and other information.
• Member means a user with an active paid subscription.
• You means any person who accesses or uses the Service.
• We/Us/Our/FishingMad means Fishingmad Aus Pty Ltd as trustee for the Bonnici Family Trust ABN 50 782 166 948 trading as FishingMad.
3. Eligibility and Accounts
3.1. Australian Residents Only (Membership)
Membership is available to Australian residents only.
3.2. Account Responsibility
If you create an account, you must:
• provide accurate, current information;
• keep your login details confidential; and
• promptly notify us if you suspect unauthorised access.
You are responsible for all activity on your account.
3.3. Suspension and Termination
We may suspend or terminate your access to all or part of the Service if we reasonably believe you have:
• breached these Terms;
• acted unlawfully; or
• engaged in conduct that risks harm to other users, our business, or the Service.
Where practicable, we will provide notice and reasons, but we may act immediately where required for safety, security, or legal compliance.
4. Nature of the Service (General Information Only)
The Service provides general fishing-related information, reports, tutorials and community discussion. It does not provide professional advice (including maritime, navigational, legal, financial, safety, or other professional services).
You acknowledge and agree that:
• conditions (including weather, sea state, regulations, and safety risks) can change rapidly; and
• you must verify information independently and seek professional advice where appropriate—particularly regarding weather reports, planned voyages, catch restrictions, and legal requirements.
5. Uptime, Maintenance and Changes to the Service
5.1. No SLA / Availability
We aim to keep the Service available, but we do not guarantee uninterrupted access. There is no service level agreement (SLA) for uptime.
5.2. Maintenance and Updates
We may perform maintenance, apply patches, update plugins, or modify features which may temporarily affect access.
5.3. Changes to the Service
We may change or discontinue parts of the Service (including features and Content) at any time. Where changes materially reduce the Service for Members, we will provide reasonable notice where practicable.
6. Intellectual Property and Licence
6.1. Our Ownership
Unless otherwise stated, all Content on the Service is owned by FishingMad or its licensors and is protected by Australian intellectual property laws and international treaties.
6.2. Member/Visitor Licence (Permitted Use)
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service and Content for your personal, non-commercial use, subject to these Terms.
6.3. Prohibited Use
Except as permitted by law (including fair dealing) or with our prior written permission, you must not:
• copy, reproduce, distribute, publish, sell, licence, reverse engineer, decompile, or commercially exploit any Content;
• share Membership Content with non-Members;
• post Membership Content elsewhere (including social media) or otherwise redistribute it; or
• use the Service to develop a competing product or service.
6.4. Accuracy and Updates
We do not warrant that Content is accurate, complete, or current, and we may update or remove Content at any time.
7. Acceptable Use
You must not:
• use the Service in any unlawful way;
• interfere with the Service’s operation, security or performance;
• attempt to gain unauthorised access to accounts or systems;
• upload malware, spam, or harmful code;
• scrape, harvest, or collect data from the Service without permission; or
• impersonate any person or misrepresent affiliation.
We may restrict or block access (including IP addresses) to protect the Service.
8. Community and Forum Rules
8.1. Community Behaviour (Zero Tolerance)
The Community is intended to be welcoming, respectful and safe. You must not post, upload, share or otherwise make available anything that is:
• abusive, harassing, threatening, hateful, discriminatory, sexist, racist, or otherwise offensive;
• bullying, intimidating, or designed to shame or provoke;
• pornographic or sexually explicit;
• defamatory or deceptive;
• in breach of privacy or confidentiality;
• illegal or encouraging illegal behaviour;
• unrelated to the fishing focus of the Community (where we reasonably determine it disrupts the forum).
We may remove posts and suspend or ban users without notice where required to enforce these rules or protect others.
8.2. Safety and Personal Information
Online engagement carries risks. You should be cautious when sharing personal information or arranging meetups. You are responsible for your own safety and decisions.
8.3. Meetups Organised by Members
Members may choose to coordinate meetups. FishingMad:
• does not organise, supervise, endorse, or verify meetups; and
• is not responsible for any loss, injury, dispute or outcome arising from meetups.
You participate at your own risk.
8.4. Buy / Swap / Sell Feature
If the Community includes buy/swap/sell activity:
• FishingMad is not a party to transactions between Members;
• you are solely responsible for verifying the other party, item condition, legality, pricing, and delivery;
• you must not list illegal items or engage in misleading or deceptive conduct.
Report suspicious activity to us and we may remove posts and ban users.
8.5. External Links
We may restrict external links within the Community for safety and relevance. Where external links are permitted, you access them at your own risk.
8.6. User Content Licence
If you post or upload content (including photos) to the Community, you:
• warrant you have the right to share it; and
• grant FishingMad a worldwide, royalty-free, non-exclusive licence to host, reproduce, display and communicate that content for the purpose of operating, promoting and improving the Service (including featuring competition winners), subject to any opt-out process stated below.
8.7. Moderation
We may (but are not obliged to) monitor, moderate, remove, or restrict content and users to:
• enforce these Terms;
• comply with law; or
• protect the Community.
9. Subscriptions (Membership Services)
9.1. Plans and Pricing
Membership is offered on a monthly or yearly subscription basis. Prices are in AUD and are subject to GST.
Current pricing (as at the date shown on the checkout page):
Monthly: $9.50 + GST (total $10.45) billed monthly
Yearly: $95 + GST (total $104.50) billed yearly
The price displayed at checkout at the time you subscribe will apply until changed in accordance with clause 9.4.
9.2. Payment Processing
Payments are processed via Stripe or PayPal. We do not store your full card/bank details. Payment providers have their own terms and privacy policies.
9.3. Auto-Renewal
All subscriptions automatically renew at the end of each billing period unless cancelled in accordance with clause 9.5. Renewal charges occur on the renewal date for your chosen plan.
9.4. Price Changes (Notice + Right to Cancel)
We may change subscription pricing. If we increase your price:
• we will provide reasonable advance notice (e.g., email or dashboard notice); and
• the new price will apply from your next renewal date after the notice period; and
• you may cancel before the increase takes effect.
9.5. Failed Payments / Account Hold
If a renewal payment fails, we may retry processing and notify you. If payment is not resolved, your account may be placed on hold, meaning you may be able to log in but will not have access to Membership Content until payment is corrected.
9.6. Cancellation
You can cancel at any time. Cancellation takes effect at the end of your current paid billing period.
To cancel:
• log into your account and select My Account → My Subscription → Cancel; or
• email enquiries@fishingmad.com.au (or the support email displayed in your account) from your registered email address.
Processing time: email cancellation requests should be submitted at least 48 hours before your next renewal date to ensure time for processing. We will confirm by reply email when processed.
9.7. Access After Cancellation
If you cancel, you retain access to Membership Services until the end of your paid billing period, unless your account is suspended for breach.
9.8. Refund Policy (Subject to ACL)
The following policy applies in addition to your rights under the ACL (see clause 14):
Monthly subscriptions:
Monthly fees are generally non-refundable, except where required under the ACL.
Yearly subscriptions:
• If you cancel and request a refund within 7 days of a yearly renewal payment, we may provide a refund for the renewed yearly term (or a pro-rata refund where appropriate), assessed case-by-case.
• Requests must be emailed to enquiries@fishingmad.com.au within 7 days of renewal.
Third-party fees:
We are not responsible for third-party bank, card, or payment provider fees (to the extent permitted by law).
Important: Nothing in this clause limits your statutory rights under the ACL.
9.9. Giveaways and Competitions
Only active, paid Members are eligible for Member giveaways and competitions. If you cancel, you may continue accessing content until the end of the paid period, but you become ineligible for giveaways/competitions from cancellation date.
Winner publicity: Winners may be featured on the Service and/or our social media pages. If you do not want your name and/or photo displayed, notify us at enquiries@fishingmad.com.au and we will take reasonable steps to accommodate your request (subject to legitimate record-keeping or compliance needs).
9.10. What Membership Does Not Include
Membership is an online resource and does not include guided fishing trips, charters, gifts on signup, or personalised meetups.
10. Privacy
Please refer to our Privacy Policy – https://fishingmad.com.au/privacy-policy
11. Cybersecurity and User Responsibility
• We take reasonable steps to secure the Service. However, no online service is risk-free. You agree to take reasonable precautions on your own devices and accounts (e.g., strong passwords, updated software).
• You acknowledge that failure to take reasonable precautions on your own devices and accounts materially increases cybersecurity risks, and you assume responsibility for any consequences arising from such failure.
• You are solely responsible for the security, configuration, and integrity of your devices, networks, email accounts, and login credentials used to access the Service.
• Without limitation, FishingMad is not responsible for unauthorised access resulting from phishing, credential stuffing, malware, digital skimming, compromised email accounts, shared passwords, or insecure personal devices.
• Without limitation, we recommend that when use any online service, you:
o Don’t use any end-of-life operating systems on your PC or Mobile Device. Ensure you’re running the latest versions of Windows, iOS, Android, etc;
o Always install the latest operating system security updates;
o Ensure you are running a anti virus, firewall, and malware protection on your PC and mobile devices;
o Don’t open suspicious looking emails;
o Never click on email hyperlinks from untrusted sources or anything remotely suspicious;
o Avoid browsing high risk websites that may contain malware;
o Regularly clear cache and browsing history and reset browsers;
o Avoid browsing to websites that require a user login on public machines;
o Regularly update your passwords and use strong passwords; and
o Regularly check your banking transaction statements and balances, and if you see any unusual banking activity, immediately report the issue to your bank and seek further advice.
• We will only ever send emails from the following trusted email addresses:
alan@fishingmad.com.au
reports@fishingmad.com.au
enquiries@fishingmad.com.au
12. Third-Party Websites and Services
The Service may link to third-party sites or services not owned or controlled by FishingMad. We are not responsible for their content, privacy practices, or operations. Use them at your own risk and review their terms and policies.
13. Disclaimers
To the maximum extent permitted by law:
• the Service and Content are provided on an “as is” and “as available” basis;
• we do not warrant that the Service will be uninterrupted, error-free, or free from harmful components; and
• we do not warrant the accuracy, completeness, or fitness of Content for any particular purpose.
You are responsible for how you use the Service and Content, including verifying information (especially safety, weather, legal and regulatory matters).
14. Australian Consumer Law (Important Notice)
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded.
If the ACL applies to you and we breach a consumer guarantee, you may be entitled to certain remedies (such as a repair, replacement, refund, or compensation), depending on the nature of the failure.
15. Limitation of Liability
15.1. Excluded Loss
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss or damage, including (without limitation), loss of profit, loss of revenue, loss of data, loss of goodwill, loss of business, loss of opportunity, loss of anticipated savings, loss of enjoyment or recreational value or business interruption arising from or in connection with the Service, whether arising in contract, tort (including negligence), statute, equity or otherwise, and whether or not such loss was foreseeable.
15.2. Reliance and Third-Party Conduct
Without limiting clause 15.1, Fishingmad is not liable for any loss arising from:
• reliance on Content or Community posts (including reports, GSP marks, forecasts or user opinions);
• interactions, disputes or transactions between users; or
• events, conditions or conducts outside Fishingmad’s reasonable control.
15.3. Cap on Liability (Where Permitted)
To the maximum extent permitted by law, per event and in the aggregate liability to you for any claim arising out of or in connection with the Service is limited to:
• the total subscription fees you paid to us in the 12 months immediately preceding the event giving rise to the claim; or
• if you are not a Member, AUD $100, whichever is greater—except to the extent liability cannot be limited under law.
15.4. Personal Injury / Non-Excludable Liability
We do not exclude liability for:
• death or personal injury caused by negligence; or
• fraud; or
• any liability which cannot be excluded by law.
16. Indemnity
You agree to indemnify and hold FishingMad harmless from and against any claims, losses, liabilities, and expenses (including reasonable legal costs) arising from:
• your breach of these Terms;
• your misuse of the Service;
• your user content (including alleged infringement of rights or defamation); or
• your unlawful conduct.
17. Changes to These Terms
We may update these Terms from time to time. If changes are material, we will provide reasonable notice (e.g., by email to Members and/or a notice on the Service). Continued use after the effective date means you accept the updated Terms.
18. Notices and Communications
18.1. Official Emails
We may contact you using the email registered to your account. We may also use specified FishingMad email addresses for official communications (e.g., welcome email, invoices, renewal notices, winner notifications, cancellation confirmations).
18.2. Support Contacts
For account issues or questions, contact: enquiries@fishingmad.com.au (or the email shown in your account portal).
19. General Legal Terms
19.1. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.
19.2. Severability
If a provision is invalid or unenforceable, it will be read down or severed to the extent necessary, and the remainder will continue in force.
19.3. Entire Agreement
These Terms constitute the entire agreement between you and FishingMad regarding the Service, except for any additional terms you agree to at checkout or within specific features (which will be disclosed).
19.4. Assignment
We may assign or transfer our rights and obligations under these Terms as part of a restructure, sale, or transfer of business. You may not assign your rights without our written consent.
19.5. Force Majeure
We are not liable for delays or failures caused by events beyond our reasonable control (including outages, cyberattacks, natural disasters, or supplier failures).