Terms & Conditions

  1. Background
    1. Pangaea Trading Pty Limited ACN 611 635 262 operates the online, cloud based trading system known as Tuna Solutions.
  2. Acceptance of Terms & Conditions
    1. In order to use Tuna Solutions, you must register as a Registered User by completing the relevant Buyer, Trader or Supplier Application in accordance with clause 6.
    2. All Users of Tuna Solutions, by using or continuing to use Tuna Solutions, accept and agree to be bound by these Terms & Conditions, as amended from time to time, notwithstanding any failure to complete a relevant Buyer, Trader or Supplier Application.
  3. Facilities

    Tuna Solutions provides the facilities for online:
    (a) English Auction (Ascending bids or Bid and Offer);
    (b) Dutch Auction (price descends until first bid, then ascends)
    (c) Reverse Auction (Buyers list an order for Items)
    (d) Online Payment Solution
    (e) Logistics Portal (Logistics and freight forwarding solutions)
    as described in clause 14.

  4. Access
    1. Tuna Solutions normally operates 24 hours per day, 7 days a week or other times as determined by Tuna Solutions regional offices at its absolute discretion. Tuna Solutions does not warrant that Tuna Solutions will be error free or that use of Tuna Solutions will be error free or uninterrupted.
    2. Users require, and must supply at their own cost, an internet connection and a personal computer (PC)
    3. The user logins are made available to Registered Users in accordance with these Terms & Conditions and the relevant Supplier, Trader and/or Buyer Application.
  5. User Support
    1. The Market Managers are dedicated to providing assistance to Users in the management of their trading. Contact +61 452 239 223 or email support@tunasolutions.com
  6. Registration
    1. Suppliers, Traders and Buyers must register to use Tuna Solutions by completing the Supplier Application Form, Trader Application Form or the Buyer Application Form respectively.
    2. Tuna Solutions may accept or reject an Application as it sees fit. Tuna Solutions may require further particulars before determining whether to accept or reject an Application.
    3. Registered Users are allocated an Account Number and confidential Password for the User. The User may establish Sub-Users authorised by the User to operate the Account.
    4. An upfront annual registration fee is payable by Buyers, Traders and Suppliers for a Premium package as set out in Schedule 1.
  7. Acknowledgments, Representations and Warranties
    1. The User:
      (a) represents and warrants to Tuna Solutions that:
      (i) the information it provides to Tuna Solutions from time to time (including its Application to become a Registered User) is true and correct and is not misleading; and
      (ii) it has legal capacity to bid, buy and sell Items through Tuna Solutions;
      (b) irrevocably authorises Tuna Solutions to make any enquiries relating to the User's Application to become a Registered User including obtaining any information held by a credit reporting agency such as the Credit Reference Association of Australia Ltd.
    2. The User:
      (a) agrees (and it is a condition of these Terms & Conditions) that it will use the Tuna Solutions system (including the Tuna Solutions web site) in accordance with these Terms & Conditions and any directions, software or user manuals issued by Tuna Solutions from time to time; and
      (b) acknowledges that Tuna Solutions may give directions to all Users electronically, whether by email or by posting the direction on the Tuna Solutions web site and the User must comply with any such directions.
    3. The Users acknowledge that as a mere facilitator of the Auctions, Tuna Solutions does not provide warranties for any Items. The Supplier is responsible for all warranties in relation to an Item. Each User warrants that all information provided in connection with an Auction, an Item or the use of Tuna Solutions:
      (a) is accurate, up to date and comprehensive (and is not fraudulent or misleading or deceptive);
      (b) does not infringe any other person's intellectual property or other rights;
      (c) does not breach any relevant law;
      (d) is not defamatory, obscene, libellous, harassing or otherwise illegal; and
      (e) does not contain any virus, Trojan horse or other destructive agent which may interfere with or damage any system.
  8. Account Name and Password
    1. Tuna Solutions will issue the Registered User with an Account Name and Password for each Tuna Solutions account.
    2. The Registered User is responsible for the use and safekeeping of the Account Name and Password (including any Sub-User Account Name and Password) and in particular any charges incurred on any of the Registered User’s accounts held with Tuna Solutions.
    3. Subject to clause 10, the User will be responsible for any loss suffered by the User, its representatives or Tuna Solutions as a result of the theft, misuse or use of the Account Name and/or Password.
  9. Use of the Account Name and Password
    1. Tuna Solutions will issue the number of Account Names and Passwords requested by the User in the Buyer Application Form on the terms and conditions set out in these Terms & Conditions subject to approval of the User’s credit arrangements (which approval will be granted at the absolute discretion of Tuna Solutions).
    2. The User will be responsible for any liability to Tuna Solutions incurred in connection with any Tuna Solutions Account Name and Password and indemnifies Tuna Solutions against any loss or cost arising from their use.
    3. The Account Name and Password may be cancelled by Tuna Solutions without notice or liability to the User at any time.
    4. Tuna Solutions is entitled to act on transactions effected by the User through Tuna Solutions or any other electronic device of Tuna Solutions.
    5. The User acknowledges that the Account Name, Password, plus any Sub-User Account Name and Password, may be used:
      (a) to purchase Items on Tuna Solutions;
      (b) to gain access to invoices issued by Tuna Solutions; and
      (c) to receive products purchased from Tuna Solutions.
  10. Responsibility for Transactions
    1. If the User or any of the User’s representatives loses its Account Name or Password or suspects any wrongful or unauthorised use of the Account Name or Password, the User must immediately notify Tuna Solutions.
    2. The User will not be liable for amounts fraudulently debited to the User’s account by use of the Account Name or Password after the User has requested Tuna Solutions to block the Account Name or Password in accordance with clause 10.1 and received written advice from Tuna Solutions that notification has been received (except to the extent the User contributes to the loss or damage).
    3. The User will not be responsible for proven errors or fraud by Tuna Solutions employees.
    4. Tuna Solutions will not be responsible for the losses suffered by the User resulting from the failure of any electronic device.
  11. Improper Use
    Users must not do anything which is intended to interfere with the operation of Tuna Solutions or which imposes a disproportionate or unnecessary load on Tuna Solutions or associated infrastructure. Use of Tuna Solutions or any data obtained from Tuna Solutions for spamming purposes is prohibited.
  12. Trading Safety
    Tuna Solutions provides a facility and processes for Buyers, Traders and Suppliers to participate in Auctions. Tuna Solutions exercises no control over transactions, over the nature, quality, safety or legality of the Items offered or the ability of Buyers, Traders and Suppliers to participate in or complete transactions. Therefore, Tuna Solutions does not give any guarantees in relation to any of these aspects. Users accept sole responsibility for using Tuna Solutions, and for determining the suitability of the Items offered and the good faith of the Buyers or Suppliers they deal with. Users also accept sole responsibility for any potential security and other risks involved in using the internet in the manner contemplated by Tuna Solutions.
  13. Transaction Errors
    1. If a transaction is recorded in error on the User’s account or statement with Tuna Solutions, the User must immediately contact Tuna Solutions with full details of the error.
    2. If the User fails to notify Tuna Solutions of an error within 7 days of receipt of an account or statement, the User is deemed to accept the accuracy of the account or statement and may not object to payment of the account or statement in full.
  14. Sales
    1. Items are sold on a consignment basis from the Supplier to Tuna Solutions. At the time of collection by the Buyer, title to the Items will pass from the Supplier to Tuna Solutions, and then from Tuna Solutions to the Buyer.
    2. If for any reason whatsoever the Items are not collected by the Buyer, title in the Items will not pass from the Supplier to Tuna Solutions.
    3. Items may be sold through Tuna Solutions using either of the following systems:
      (a) Bid and Offer (English auction)
      Suppliers list a batch for sale by entering the required batch details onto Tuna Solutions such as species, grade, quantity, size, weights, process, delivery date, Collect Centres, closing date and time, reserve and asking price. In the case of Bid and Offer, the Reserve and Asking Price are not displayed to Buyers or other Suppliers. Buyers are able to bid for or order the product up to the closing time. Suppliers, Traders and Buyers have the option to be notified of certain events via automated email, or mobile phone message.
      (b) Dutch Auction
      Suppliers list a batch for sale by entering the required batch details onto Tuna Solutions such as species, grade, quantity, size, weights, process, delivery date, Collect Centres, closing date and time, and reserve price. In the case of the dutch auction the reserve price is not displayed. The auction runs with the aid of a reverse clock and begins with a very high asking price. This price reduces over time until the clock is stopped by buyer willing to pay that price per unit. Other Buyers then have an opportunity to bid on top of the stop price multiple times. The auction continues until all of the batch is sold or the reserve price is met. Suppliers, Traders and Buyers have the option to be notified of certain events via automated email, or mobile phone message.
      (c) Reverse Auction
      Buyers may list species they wish to buy, setting out details such as the grade, quantity, price, destination, delivery time plus the closing time for the auction. Suppliers can then fill this order by undertaking to supply nominated quantities in accordance with the Buyer’s requirements. There is no negotiation on price for Reverse Auctions.
    4. A Supplier must, when listing a batch, nominate one of the methods of sale set out in clause 14.3. Only one method can be nominated.
    5. A Supplier must not use Tuna Solutions to offer or sell:
      (a) any illegal, stolen or encumbered Item;
      (b) any Item which does not correspond with its description, the requirements of the law or which is otherwise unfit for purpose or unsuitable for consumption;
      (c) any Item comprising seafood that has not been handled, packed, stored or described in accordance with Tuna Solutions’ Seafood Handling Guidelines;
      (d) any Item which the Supplier does not have the legal right to sell or in respect of which a dispute or claim exists; or
      (e) any other Item which Tuna Solutions notifies the Supplier is unsuitable.
      Each Supplier warrants that all Items offered comply with this clause.
    6. In using Tuna Solutions, Users must not engage in any unlawful practice including conduct that is misleading or deceptive or likely to mislead or deceive. Suppliers must not engage in any conduct which attempts to unfairly influence the price of their Item including by employing a third party to place 'dummy bids' or by bidding themselves. Other Suppliers must not email bidders in an Auction in progress to offer them similar or identical Items for sale.
  15. Fees and Charges
    1. The Buyer, Traders and Supplier must pay to Tuna Solutions such fees and charges as outlined in Schedule 1 and interest calculated at the rate notified by Tuna Solutions from time to time.
    2. Tuna Solutions may charge the User for any Government rates, taxes or charges arising out of the issue or use of the Account Code / Password or in respect of any transaction under Tuna Solutions or these Terms & Conditions.
    3. The User must pay interest at the overdraft rate charged by the banking institution used from time to time by Tuna Solutions plus 2% pa calculated on daily balances on any amounts outstanding and owing to Tuna Solutions after the due date for payment. If there is more than one such rate, Tuna Solutions may nominate the applicable rate.
    4. The Buyer must take delivery of products purchased at the nominated Collect Centre unless otherwise agreed with Tuna Solutions and the Supplier or Trader. Failure to take delivery may result in the cancellation of the transaction at the absolute discretion of Tuna Solutions. If a transaction is cancelled, Tuna Solutions is authorised to resell or dispose of the product on behalf of the Supplier and the Buyer will be responsible for the payment of any shortfall and administration costs incurred in the resale or disposal.
    5. Title in the product purchased will not pass to the Buyer until the Buyer has taken delivery.
    6. The User will pay Tuna Solutions all costs and expenses incurred by Tuna Solutions or on its behalf including solicitor’s fees on a solicitor/client basis in recovering or attempting to recover any amount due by the User to Tuna Solutions.
  16. Payment
    1. Transactions are paid in two milestone payment;
      a) firstly a deposit which is a percentage of the total sum. Tuna Solutions reserves the right to adjust these percentages. The deposit will always be stated in the auction details.
    2. Users must pay the balance of any transaction with Tuna Solutions in accordance with the payment terms set out in the Schedule 1 or such other terms and conditions applying to the transaction.
    3. All bids made by Buyers and/or prices set by Suppliers are exclusive of any applicable Goods and Services Tax (GST). Any GST payable upon the supply of Items or any taxable supply to the Buyer will be payable by the Buyer.
    4. Any charges payable under these Terms & Conditions or for any use of Tuna Solutions or anything else Tuna Solutions supplies to Users are exclusive of taxes (such as sales tax and GST), duties and charges imposed or levied in Australia or overseas, whether currently or in the future. To the extent permitted by law, Tuna Solutions will invoice Users for and Users must pay all such taxes at or before the time Tuna Solutions is required to remit such taxes to the taxing authority or as set out in Tuna Solutions's invoice, whichever is earlier.
    5. Tuna Solutions may set off any amounts owed by a User to Tuna Solutions under this or any other agreement or arrangement against any amounts owed by Tuna Solutions to that User.
    6. Subject to any bona fide dispute, Tuna Solutions will use its best endeavors to ensure payment is made by electronic funds transfer into the Supplier’s nominated bank account on the following the week in which Tuna Solutions receives the payment. For the purpose of this clause, the week concludes at 12.00 noon Friday (Sydney time) or other such time as determined by Tuna Solutions.
    7. Each bid may be checked against the Buyer’s unused credit limit prior to acceptance and invoiced on delivery to the Buyer nominated Collect Centre. Purchases must be paid in full by electronic funds transfer within 14 days of receiving the goods. If payment is received by Tuna Solutions within 14 days of goods received, Tuna Solutions will waive the interest payable in accordance with clause 15.1. Any amounts not paid when due may result in the User’s right to use Tuna Solutions being suspended or terminated and a late payment fee as set out in Schedule 1 being imposed which the parties agree is a genuine pre-estimate of Tuna Solutions’ loss caused by such late payment.
    8. Tuna Solutions will take out credit insurance, the cost of which will be charged to Buyers in accordance with the Schedule 1.
  17. Transport
    1. A list of approved Collect Centres is maintained on Tuna Solutions.
    2. It is the responsibility of the Supplier to indicate, at the time of listing a Batch, the Collect Centres to which they will deliver.
    3. Buyers may elect to take delivery from any Collect Centre nominated by the Supplier for that batch or, if agreed by the Supplier, from the Supplier’s premises.
    4. Suppliers must, within 24 hours of the available date specified on Tuna Solutions or the acceptance of the bid, whichever occurs last, arrange delivery to the Buyer nominated Collect Centre.
    5. There are three options a Supplier can choose for transport on Bid and Offer:
      (a) Buyer pays (default)
      The bid price does not include transport. However, the Buyer can obtain an estimate of transport costs when lodging a bid.
      (b) Supplier pays
      The transport costs are included in the bid price. Bids are assessed on a Net-Bid basis.
      (c) No transport
      The transport is not factored into the price, decision-making or invoicing process.
    6. For Fixed Price Sales, the Supplier will only have options of “Buyer pays” and “No transport”.
    7. For Reverse Auction sales, the only option available is “No transport”.
  18. Insurance
    1. The Supplier must on the date of Application and each year on the anniversary of that date until the expiry or termination of the User’s registration, provide Tuna Solutions with certificates from the Supplier’s insurers certifying that the Supplier has insurance as required by this clause. The Supplier must also promptly produce a certificate of currency for inspection whenever requested by Tuna Solutions.
    2. If the Supplier fails to effect and/or keep in force any of the insurance policies specified in this clause, Tuna Solutions may effect and keep in force any of those insurance policies and the cost of the insurance will be immediately due and payable by the Supplier to Tuna Solutions. Tuna Solutions may deduct the cost of the insurance from any amounts payable to the Supplier.
  19. Grading
    1. The Grader may use Tuna Solutions Grading Scale in accordance with the Tuna Solutions Grading Control System.
    2. When grades are selected by the Grader, Tuna Solutions will apply the to all transactions for that Batch.
    3. Once grades have been submitted, they can not be amended until a new grading request has been received.
  20. Order of Sale
    1. Upon listing a Batch, Suppliers nominate a start and finish time for the bidding on a Batch.
    2. At the close of listing for the Batch, there will be a 30-minute grace period when the Supplier can select bids for acceptance. At the close of the grace period, Bids above the Reserve Price are ranked automatically by Tuna Solutions and accepted until all the batch is sold, or all valid bids above the reserve are accepted. The Supplier acknowledges that should a part batch remain after allocation of Bids, ownership of that part remains with the Supplier.
  21. Withdrawal of a Batch
    1. The Supplier may not withdraw a batch from sale once it is listed or during the auction period.
    2. Tuna Solutions may, in special circumstances, withdraw a Batch or cancel a sale.
  22. Bidder as a Principal
    A bidder is deemed to be bidding as a principal and will be personally responsible for that bid unless the bidder is registered to bid as the nominated sub representative of a company who is a Registered Buyer on Tuna Solutions.
  23. Making a Bid
    1. A bid is made only when recorded on Tuna Solutions. To the extent permitted by law, Tuna Solutions accepts no liability for any bid failing to be recorded on Tuna Solutions (whether due to Tuna Solutions’ negligence or otherwise).
    2. The identity of the Buyer will be displayed only to the Supplier following acceptance of the bid.
    3. The identity of the losing bidders will not be displayed.
  24. Advance of Bidding
    A Buyer may nominate a start and finish date and time for a bid.
    A Buyer may nominate a minimum and Maximum Bid Price in which case Tuna Solutions will increase the Bid automatically to maintain that bid as the highest bid. The automatic bid facility will not increase the Bid Price above the maximum set by the Buyer.
    A Buyer may advance a bid by the bidding increments fixed by Tuna Solutions. A bid cannot be reduced once recorded on Tuna Solutions.
  25. Withdrawal of Bids
    A bid once recorded on Tuna Solutions cannot be withdrawn. A bid may be invalidated automatically by Tuna Solutions if:
    (a) the bid expiry time has lapsed;
    (b) the bid exceeds the credit limit; or
    (c) the bid is conditional (by use of the Shopping List facility of Tuna Solutions) to another Bid that has been accepted.
  26. Counter Offer
    The Supplier can at any time make a counter offer to the Buyer’s bid. If the counter offer is accepted, then the sale will be deemed to have been completed.
  27. Bid Assessment
    1. During the course of the auction and within 30 minutes of the close of the auction, the Supplier may accept any bid.
    2. Tuna Solutions will automatically accept bids above the Asking Price.
    3. If the Supplier elects to have bids with Positive Advice automatically accepted, Tuna Solutions will automatically accept those bids.
    4. If at 30 minutes after the close of the auction the entire batch is not sold, all valid bids will be ranked automatically by Tuna Solutions and accepted until all valid bids above the Asking Price are accepted or all the batch is sold (with the highest bid being accepted first).
  28. Variation of Tuna Solutions
    1. Tuna Solutions may vary any of the functions of the Tuna Solutions or any hardware or software included in Tuna Solutions, and will not be liable to any Registered User for any change in functionality, performance or specifications by reason of any such variation.
    2. Tuna Solutions may vary the conditions of use of the Tuna Solutions account (including these Terms & Conditions) at any time provided that the User will be given 7 days’ prior notice of any variation imposing or increasing charges or increasing the User’s liability for transactions.
    3. Notice of any variation of the conditions of use may be given by written notice to the User forwarded by ordinary pre-paid post to the User’s last known address, by sending written notice by email to the User’s last known email address or by placing a notice on the Tuna Solutions site. Unless otherwise specified in the variation notice, any variation will take effect 48 hours after notice has been given. Use of the Account Code and, or Password by the User after the notification period expires will constitute acceptance of the variation by the User.
  29. Rights of Auctioneer
    Tuna Solutions has the right and absolute discretion to refuse any Listing of a Batch or any bid, and to regulate the bidding (including, but not limited to, the ability to amend or cancel a bid, listing or sale).
  30. Disputes about Bidding
    If there is any dispute about the bidding, Tuna Solutions will be the sole arbitrator and the decision is final.
  31. Dispute Resolution
    1. All attempts will be made to determine the cause of the dispute and negotiate an agreement between the Supplier and Buyer. This agreement may include renegotiation of price and evaluation of packing and transport methods. An independent inspector agreed by the parties, or failing agreement appointed by Tuna Solutions, will be used to view the product when no agreement can be reached between the parties. The costs involved in the inspection will be charged to the Buyer if the product is evaluated as matching the description. If the product is found not to match the description the Supplier will pay the inspection costs. Otherwise, the costs of the inspection will be charged to the Supplier and/or the Buyer as determined by the inspector.
    2. Tuna Solutions will maintain records of all disputes. Buyers or Suppliers may be barred or suspended by Tuna Solutions from using Tuna Solutions for any reason.
    3. A dispute about any matter arising under the Tuna Solutions system will be notified to Tuna Solutions within 24 hours of delivery to the Collect Centre, after which time the User will be deemed to have foregone its rights to register its complaint.
  32. Implied Terms
    1. The only terms implied into these Terms & Conditions are those that cannot be lawfully excluded. To the maximum extent permitted by law, where these Terms & Conditions involve the supply of goods or services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, Tuna Solutions’ liability for breach of those terms (other than section 69 of the Trade Practices Act) will be limited, at Tuna Solutions’ option as the case may be, to any one or more of:
      (a) the replacement, repair or payment of the cost of replacement or repair of the goods; and
      (b) supplying the services again or payment of the cost of the services being supplied again.
  33. Liability
    1. All persons using Tuna Solutions do so at their own risk and, to the maximum extent permitted by law, Tuna Solutions will not be liable for any direct, indirect or consequential damage, loss or injury (except death or personal injury) suffered or incurred by any person (including a User) arising from any cause whatsoever (including the negligence of Tuna Solutions).
    2. To the maximum extent permitted by law, Tuna Solutions is not liable to any User for any malfunction of or break down in the Tuna Solutions system (including its telecommunications provider and Internet service provider) or for any non-receipt, non-transmission or loss of data by the Tuna Solutions system, whether caused or contributed to by any negligent or other act or omission of Tuna Solutions or its employees, contractors or agents or of any Registered User.
    3. Subject to clause 33.1 and 33.2, where Tuna Solutions has any residual liability to any User for any claims, losses, damages or expenses arising directly or indirectly out of these Terms & Conditions, the use of Tuna Solutions or otherwise, to the maximum extent permitted by law, that liability will be limited to $50.
  34. Release and Indemnities
    1. To the extent that a User does not comply with all applicable laws or these Terms & Conditions, each User releases and discharges Tuna Solutions from all claims, actions, costs and damages which, but for this clause, the User or anyone else may have had against Tuna Solutions.
    2. Each User indemnifies Tuna Solutions (and its officers, employees, affiliates and agents) and holds Tuna Solutions (and its officers, employees, affiliates and agents) forever harmless from and against all direct or indirect actions, claims, demands, proceedings, costs, damages, expenses (including legal expenses on a solicitor and client basis), losses and liabilities brought or recovered against or incurred, suffered or sustained by Tuna Solutions (or its officers, employees, affiliates and agents) arising out of or in any way connected with any act, omission, breach, default, non-observance or non-performance of the User under or in connection with Tuna Solutions or these Terms & Conditions or any claim made against Tuna Solutions by an end consumer in relation to any Item which was sold through Tuna Solutions.
  35. Termination of Registration
    Tuna Solutions may, at its absolute discretion, terminate immediately the registration of any Registered User.
  36. Consequences of Termination
    Upon termination of the registration, all rights of the Registered User under these Terms & Conditions cease, but the User remains liable for any unpaid fees (whether or not invoiced), for any debt, liability or obligation incurred in relation to any sale, and for any claim arising from failure to comply with the Terms & Conditions.
  37. Commercial Security
    1. If requested by Tuna Solutions at any time the User must provide (at the User’s cost) additional security satisfactory to Tuna Solutions for the purposes of better securing moneys owed by the User to Tuna Solutions from time to time under these Terms & Conditions.
  38. Personal Information
    1. Italicised terms used in this clause bear the meanings they have in the Privacy Act 1988 (Cth) as amended from time to time.
    2. The User consents to Tuna Solutions collecting personal information about the User, the User’s employees and agents, whether from the User or third parties (such as trade referees), for the purposes associated with providing the User with services. Tuna Solutions may use the personal information in accordance with Tuna Solutions’ privacy policy which is available on request.
    3. Tuna Solutions’ privacy policy sets out the extent of people’s right to access their personal information held by Tuna Solutions and the applicable conditions.
    4. Tuna Solutions may disclose personal information to third parties retained to provide services to Tuna Solutions in association with providing the services described in these Terms & Conditions.
    5. If the User does not provide certain personal information, Tuna Solutions may be unable to provide the User with services. The User warrants that any personal information the User provides Tuna Solutions is accurate, complete and provided in compliance with the Privacy Act and indemnifies Tuna Solutions against any loss or damage suffered as a result of the User’s breach of this clause 38.5.
    6. Notwithstanding anything to the contrary, Tuna Solutions shall have, and you hereby grant to Tuna Solutions, the right to aggregate data across auctions listed on the Auction Platform and to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such aggregated data, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Tuna Solutions’ (and its successors’ and affiliates’) business, so long as such aggregated data does not identify any individual User (whether by name or otherwise).
  39. Use of Content
    1. Some areas of the Service allow Users to post content such as profile information, images, statistics, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “Profile Page”). We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement.
    2. We have the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Service.
    3. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
    4. You agree that any User Content that you post does not infringe or violate any Marine Protection Acts, Marine Living Resources Acts and Regional Fisheries Management Acts.
    5. We may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
    6. Should content be used for quality inspection purposes, to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
    7. We take no responsibility and assume no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content.
  40. Security
    We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. We currently engage the use of up-to-date encryption software to protect all critical information. You must acknowledge that you provide your personal information at your own risk.
  41. General
    1. Nothing contained in these Terms & Conditions will create a partnership, agency or joint venture relationship between Tuna Solutions and the User nor will the User hold Tuna Solutions out as its partner, agent or joint venture.
    2. These terms and conditions will be governed by and construed in accordance with the laws in force in the State of New South Wales and all parties concerned hereby submit to the exclusive jurisdiction of courts of that State.
    3. These Terms & Conditions and the User’s Application set out the entire agreement between the parties. Subject to clause 32, all other terms are excluded.
    4. If there is any conflict between the terms and conditions of any of the User’s account and these Terms & Conditions then these Terms & Conditions will prevail.
    5. If any part of these Terms & Conditions is held invalid, unenforceable or illegal, that part is treated as deleted and the remaining terms continue in full force.
    6. The Users acknowledge that Tuna Solutions is the absolute beneficial owner of Tuna Solutions and of the copyright and all other rights in the nature of copyright and all other intellectual property rights, in Tuna Solutions, the structure and layout of the site, the information it contains, its associated documentation and these Terms & Conditions.

Email: admin@TunaSolutions.com
Tuna Solutions entity of Pangaea Trading PTY LTD
3/120 Brougham Street, Potts Point, Sydney, 2011, Australia
Tel: +61 452 239 223

The information contained in this booklet, which includes information about seafood products, handling, temperature control, storage and seafood spoilage, is provided in good faith. While Pangaea Trading Pty Limited makes reasonable efforts to ensure information in this booklet is up to date and accurate, neither Pangaea Trading Pty Limited nor any of its related bodies corporate (as defined in section 50 of the Corporations Law) makes any representation or gives any warranty as to the currency, accuracy, reliability or completeness of any information in this booklet. To the extent permitted by law, Pangaea Trading Pty Limited accepts no responsibility or liability for any loss, damage or injury suffered by the user consequent upon, or incidental to, the information in this booklet.