ThisFish is an initiative of Ecotrust Canada (referred to herein as either “ThisFish” or Ecotrust Canada). ThisFish strives to deliver a simple and affordable seafood traceability system that provides benefits to producers and consumers. It is a voluntary, consumer-focused seafood traceability system that includes tagging methodologies and technology; online resources, data management and social marketing tools; and other related services (collectively referred to herein as “the Service”). ThisFish makes it possible for operators throughout the supply chain, from ocean to plate, to obtain general information on each fish back to its source: who caught it, when, where and how. It is a voluntary system for like-minded people who want to produce and consume traceable seafood products.
ACCEPTANCE OF TERMS
Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with ThisFish in any way, your primary recourse is to immediately contact Thisfish at firstname.lastname@example.org and/or discontinue use of ThisFish.
Users of the Service agree to abide by the following general terms:
- Follow all regulatory requirements for food handling, shellfish aquaculture and/or responsible fishing practices as the case may be;
- Handle all seafood with their best efforts to ensure that the product is of the highest quality and that it is safely handled; and
- Ensure that traceability information for your seafood products is inputted into the online system at www.thisfish.info in an accurate and timely manner.
- Maintain and be able to produce official government documentation and internal business process documentation that can verify all data uploaded into the online traceability system.
Users of the ThisFish website (www.thisfish.info) understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.
ACCURACY OF INFORMATION
ThisFish does not have the capacity to verify all of the traceability information for each seafood item traced using the Service. Therefore, Ecotrust Canada makes no warranties with respect to the information provided by the registered users of the website and Service. Ecotrust Canada relies on those who use and contribute to ThisFish to keep it as accurate and up-to-date as possible. At the same time, ThisFish takes a number of measures that helps to ensure the accuracy of the information, including:
- designing the system to reduce the chances of human error in inputting traceability data and other information into the system;
- allowing users and visitors to the website and Service to flag suspicious or erroneous information;
- investigating complaints made by users of, or visitors to, the website and Service;
- linking traceability data to official fish landing documents that will facilitate verification of information; and
- auditing traceability information of random seafood items for accuracy or if requested by a third party.
Although ThisFish has made reasonable efforts to ensure that the materials contained on the website are accurate, it does not guarantee: the accuracy, currency or completeness of the materials; that the website will be available without interruption, error or omission; that defects will be corrected; or that the website and the server(s) that make it available are free from viruses or harmful components. The website and materials provided on the website are provided “as is” and “as available” without representations, warranties or conditions of any kind, either expressed or implied.
COPYRIGHT AND TRADE-MARKS
The copyright in this website and all materials contained in it is owned, or licensed by Ecotrust Canada. The ThisFish website, URL, and unique tracking codes may not be reproduced, in whole or in part, on any consumer packaging, in any marketing materials or other commercial communications, or in any other published form, without the expressed prior written consent of Ecotrust Canada. To obtain such consent, please contact our marketing department at email@example.com.
LINKS & THIRD PARTY CONTENT
Content available through the Service and the website (www.thisfish.info) may contain links to other websites, which are completely independent of ThisFish. ThisFish makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such third-party website. Your linking to any other websites from the ThisFish website is done at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any third-party content, and that under no circumstances will Ecotrust Canada be liable in any way for any third-party content or for any loss or damage of any kind incurred as a result of the use of any third-party content or links posted, emailed or otherwise made available via the Service.
In order to minimize unauthorized access or disclosure to your information, ThisFish has put in place suitable physical, electronic and managerial procedures to try and safeguard and secure the information collected online, including the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and is only accessible by those authorized by the users who own their data and personal information.
Users of ThisFish agree to pay all fees as set out in ThisFish’s fee schedule or as agreed upon by both parties within 60 days from the date of invoicing. After 60 days, Ecotrust Canada will charge 12 percent interest on outstanding invoices. Ecotrust Canada can terminate or suspend use of the system by users with outstanding invoices.
MODIFICATION OF THIS AGREEMENT
Ecotrust Canada reserves the right, in its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Modifications of the TOU involving subscription, or other fees, shall only be made after providing 30 days notice to subscribers. Non-fee based modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. In some circumstances, we may notify you of substantive changes to this agreement through a notice on the website or an email. In addition, this agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the agreement when you use the Service after those changes are posted.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE THISFISH WEBSITE (WWW.THISFISH.INFO) AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE THISFISH WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED. THISFISH DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE THISFISH WEBSITE AND THE SERVICE. THISFISH DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE THISFISH WEBSITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE THISFISH WEBSITE. THISFISH DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE THISFISH WEBSITE OR THE SERVICE.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL ECOTRUST CANADA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ECOTRUST CANADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE THISFISH WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE THISFISH WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE THISFISH WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE THISFISH WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THISFISH WEBSITE OR THE SERVICE OR ANY LINKS ON THE THISFISH WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE THISFISH WEBSITE OR THE SERVICE OR ANY LINKS ON THE THISFISH WEBSITE.
TERMINATION OF SERVICE
You agree that Ecotrust Canada, in its sole discretion, has the right (but not the obligation) to suspend, delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if Ecotrust Canada believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Ecotrust Canada shall not be liable to you or any third-party for any termination of your access to the Service in the case of your violation of the TOU. Further, you agree not to attempt to use the Service after said termination.
ThisFish asks that users of the Service and visitors to the website provide us with feedback, which may include:
- problems with the tagging technology, including tags that break, that are difficult to handle, that are difficult to read or understand, or that are too time-consuming to use;
- problems with uploading and managing traceability data on the online website ThisFish.info.
- problems with the website’s usability and content; and
- any other feedback.
Send feedback to firstname.lastname@example.org.
COLLECTION & USE OF INFORMATION
ThisFish collects information from you when you register on our website, set up a user profile, subscribe to our newsletter or upload information related to the traceability of your seafood products. The disclosure of this information falls into three categories:
- required information that is made public for the purposes of traceability (i.e. vessel name, landing location, fishing area, etc.);
- required information that remains private and is only collected for the purposes of contacting you (i.e. home address, telephone number, email); and
- voluntary information that you can choose to disclose (i.e. email, telephone number, etc.)
ThisFish will not sell, share, distribute or lease your personal information or data on your traceable fish landings and products to third parties unless we have your expressed or implied permission. Information will only be shared publically for the purposes of seafood traceability. Fish harvesters and other seafood businesses that use ThisFish exclusively own all rights, title and interest in, and to, all of their data. Only registered users of the website and Service can authorize third parties to view or manage their private information and traceability data. Users can at any time request to be deleted from the system. However, user accounts linked to traceable product in the marketplace will remain active until the products are completely sold. This could be for as long as 18 months for frozen products.
As between Ecotrust Canada and you, you exclusively own all rights, title and interest in and to all of your data. You grant Ecotrust Canada a non-exclusive license to use the Data for the purposes related to ThisFish for such time as reasonably required by Ecotrust Canada.
ThisFish may disclose some anonymous information and aggregate data related to the usage of the website and Service; for example, the number of registered users, number of serial or lot code entries, number and type of seafood products traced by the system, etc. This aggregate data is related to the performance of ThisFish, and in no way reveals the personal or commercial data of users. ThisFish may share some of the findings of our analysis of non-personal information with third-party service providers, advertisers, affiliates, strategic partners, and others in order to help grow our business. ThisFish may also publish this information for promotional purposes or as a representative audience for our advertisers. Please note that this is not personally identifiable information, but only general summaries of the activities of our users.
The website and Service is intended for general audiences and is not to be used by individuals ("minors") under 18 years old. We do not knowingly collect personal information from anyone under the age of 18. If you become aware that your child has provided us with Personal Information without your consent, please contact us at email@example.com. If we become aware that a minor has provided us with personal information without parental consent, we take steps to remove such information and terminate their account.
ThisFish may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from August 1, 2011.
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c/o Ecotrust Canada
717 East Hasting Street
Vancouver BC V6A 1R3
tel: (604) 682-4141