This Privacy Policy applies to all personal information collected by Fishbowl Services Pty Ltd (we, us or our) via the website located at https://www.fishbowlbondi.com.au, https://www.fishbowl.com.au/ (collectively, Website), the Fishbowl mobile application (App), and in-store ordering kiosks (Kiosk).

1. What information do we collect?

The kind of Personal Information that we collect from you will depend on how you use the Website, App or Kiosk. The Personal Information that we collect and hold about you may include your name, phone number, and email.

2. Types of information

The Privacy Act 1998 (Cth) (Privacy Act) defines types of information, including Personal Information and Sensitive Information.

Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.

If the information does not disclose your identity or enable your identity to be ascertained, it will in most cases not be classified as "Personal Information" and will not be subject to this privacy policy.

Sensitive Information is defined in the Privacy Act as including information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive Information will be used by us only:
(a) for the primary purpose for which it was obtained;
(b) for a secondary purpose that is directly related to the primary purpose; and
(c) with your consent or where required or authorised by law.

3. How we collect your Personal Information

(a) We may collect Personal Information from you whenever you input such information into the Website, App, Kiosk, or provide it to us in any other way.
(b) We may also collect cookies from your computer or mobile device, which enable us to tell when you use the Website or App and to help customise your digital experience. As a general rule, however,
(c) it is not possible to identify you personally from our use of cookies.
(d) We may collect information related to your orders, preferences, and interactions through the Kiosk, App, and Website to improve our service and provide a personalised experience.
(e) For App-based orders, Personal Information is stored and managed by our service provider, Bite, using secure storage on AWS servers located in Sydney, Australia.
(f) We generally don't collect Sensitive Information, but when we do, we will comply with the preceding paragraph.
(g) Where reasonable and practicable we collect your Personal Information from you only. However, sometimes we may be given information from a third party, in cases like this we will take steps to make you aware of the information that was provided by a third party.

4. Purpose of collection

(a) We collect Personal Information to provide you with the best service experience possible on the Website, App, and Kiosk and to keep in touch with you about developments in our business.
(b) We customarily only disclose Personal Information to our service providers who assist us in operating the Website, App, and Kiosk. This includes, but is not limited to, Bite for App data management and AWS Sydney for data storage. Your Personal Information may also be exposed from time to time to maintenance and support personnel acting in the normal course of their duties.
(c) By using our Website, App or Kiosk you consent to the receipt of direct marketing material. We will only use your Personal Information for this purpose if we have collected such information direct from you, and if it is material of a type which you would reasonably expect to receive from use. We do not use sensitive Personal Information in direct marketing activity. Our direct marketing material will include a simple means by which you can request not to receive further communications of this nature, such as an unsubscribe button link.

5. Security, Access and correction

(a) We store your Personal Information in a way that reasonably protects it from unauthorised access, misuse, modification or disclosure. When we no longer require your Personal Information for the purpose for which we obtained in, we will take reasonable steps to destroy and anonymise or de-identify it. Most of the Personal Information that is stored in our client files and records will be kept for a maximum of 7 years to fulfill our record keeping obligations.
(b) The Australian Privacy Principles:
i. permit you to obtain access to the Personal Information we hold about you in certain circumstances (Australian Privacy Principle 12); and
ii. allow you to correct inaccurate Personal Information subject to certain exceptions (Australian Privacy Principle 13).
(c) Where you would like to obtain such access, please contact us in writing on the contact details set out at the bottom of this privacy policy.

6. Complaint procedure

If you have a complaint concerning the manner in which we maintain the privacy of your Personal Information, please contact us as on the contact details set out at the bottom of this policy. All complaints will be considered by and we may seek further information from you to clarify your concerns. If we agree that your complaint is well founded, we will, in consultation with you, take appropriate steps to rectify the problem. If you remain dissatisfied with the outcome, you may refer the matter to the Office of the Australian Information Commissioner.

7. Overseas transfer

Your Personal Information will not be disclosed to recipients outside Australia unless you expressly request us to do so. If you request us to transfer your Personal Information to an overseas recipient, the overseas recipient will not be required to comply with the Australian Privacy Principles and we will not be liable for any mishandling of your information in such circumstances.

8. How to contact us about privacy

If you have any queries, or if you seek access to your Personal Information, or if you have a complaint about our privacy practices, you can contact us through enquiries@fishbowl.com.au

Welcome to the Fishbowl website (Website) available at https://www.fishbowlbondi.com.au/, and https://www.fishbowl.com.au/ The Website is facilitating fishbowl online ordering, restaurant and menu information (Services).

The Website is operated by Fishbowl Services Pty Ltd (ABN 89622234486). Access to and use of the Website, or any of its associated Products or Services, is provided by Fishbowl Services Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Fishbowl Services Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Fishbowl Services Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Fishbowl Services Pty Ltd in the user interface.

3. Copyright and Intellectual Property

(a) The Website, the Services and all of the related products of Fishbowl Services Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Fishbowl Services Pty Ltd or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Fishbowl Services Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.

Fishbowl Services Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Fishbowl Services Pty Ltd.

(c) Fishbowl Services Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright;
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

(d) You may not, without the prior written permission of Fishbowl Services Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy

Fishbowl Services Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Fishbowl Services Pty Ltd's Privacy Policy, which is available on the Website.

5. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) Fishbowl Services Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether in common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Fishbowl Services Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Fishbowl Services Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of Fishbowl Services Pty Ltd; and
(iv) the Services or operation in respect to links which are provided for your convenience.

6. Limitation of liability

(a) Fishbowl Services Pty Ltd's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that Fishbowl Services Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

7. Competitors

If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of Fishbowl Services Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Fishbowl Services Pty Ltd will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

8. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Fishbowl Services Pty Ltd as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing Fishbowl Services Pty Ltd with 5 days' notice of your intention to terminate; and
(ii) closing your accounts for all of the services which you use, where Fishbowl Services Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Fishbowl Services Pty Ltd via the 'Contact Us' link on our homepage.
(c) Fishbowl Services Pty Ltd may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) Fishbowl Services Pty Ltd is required to do so by law;
(iii) the provision of the Services to you by Fishbowl Services Pty Ltd is, in the opinion of Fishbowl Services Pty Ltd, no longer commercially viable.
(d) Subject to local applicable laws, Fishbowl Services Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Fishbowl Services Pty Ltd's name or reputation or violates the rights of those of another party.

9. Indemnity

You agree to indemnify Fishbowl Services Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(c) any breach of the Terms.

10. Venue and Jurisdiction

The Services offered by Fishbowl Services Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

11. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

These Digital Ordering Terms and Conditions ("Terms") govern your use of the Fishbowl website ("Website") available at www.fishbowl.com.au, and www.fishbowlbondi.com.au, the Fishbowl mobile application ("App"), and the in-store ordering kiosk ("Kiosk"). The Website is operated by Fishbowl Services Pty Ltd, ABN 89 622 234 486 ("Fishbowl").

By placing an order for food and drinks ("Order") through our Website, App or Kiosk, you agree to these Terms. Your agreement with Fishbowl is governed by Australian law. By using the Digital Ordering Services ("Services"), you acknowledge that you have read, understood, and accepted these Terms in full.

1. Accessing the Online Ordering Service

1.1 You can browse the Website, use the Fishbowl App, or order through the Fishbowl Kiosk in-store to place an Order as a guest user or by creating an account.
1.2 Creating an account provides a faster checkout experience, easy access to your Order history, the ability to claim deals and discounts, track Orders in real time, access to digital offers and promotions, access to participation in the Club Fishbowl Loyalty Program and the option to save payment methods for future orders. You can also participate in Club Fishbowl and complete challenges to earn rewards through the App.
1.3 When you create an account on our Website, through the App, or place an Order through the Kiosk, you may provide personal information, including your name, email address, and payment details. Personal Information will be stored securely with our third-party payment provider, Stripe ("Payment Provider"), to simplify your future orders and improve our Services.
1.4 By creating an account or submitting an Order, you warrant that all information you provide is true and correct.

2. Placing Orders

2.1 You can place an Order for pickup or delivery through the Website, Fishbowl App, or in-store Kiosk:
a) Pickup: Available from your selected local Fishbowl restaurant, which you can choose during the checkout process either online, through the App, or in-store Kiosk.
b) Delivery: Powered by Uber Eats. By selecting delivery, you agree to the terms and conditions set forth by Uber Eats.

2.2 To place an order via the Website, you will need to:
a) Select the menu items you want to order;
b) Choose delivery or pickup;
c) Choose the restaurant from which you will collect your order if applicable ("Designated Restaurant");
d) Enter the collection date and time for your order;
e) Enter payment information; and
f) Enter any other details we require to finalise your order.

2.3 Please re-check all the details you enter and correct any errors before submitting your order, as we will begin processing your Order immediately. Once an Order has been placed and processed through the Fishbowl App, Website or Kiosk, you will not be able to cancel or modify your Order.
2.4 We reserve the right to refuse any Order for any reason.
2.5 After placing an Order, you will receive a confirmation message confirming your Order details and logistics related to delivery if applicable (e.g., driver location, estimated delivery time).

3. Transfer Ownership

3.1 Fishbowl facilitates the transaction for all orders placed through our Website, App or Kiosk and is responsible for the fulfillment of the Order prior to delivery. Delivery services are provided via Uber Eats.
3.2 Any refunds, adjustments, or concerns related to your Order prior to the delivery process must be directed to Fishbowl. We will process all requests in accordance with our refund policy outlined in Clause 9.

4. Uber Eats Terms

4.1 By opting for delivery, you acknowledge that your Order is also subject to the terms and conditions of Uber Eats, which govern the delivery aspect of your Order.
4.2 Fishbowl is not liable for any issues related to the delivery service provided by Uber Eats, including delays, service interruptions or any other delivery-related concerns.
4.3 For any delivery-related inquiries, you may contact Uber Eats customer support directly using the information provided in your confirmation message.

5. Payment

5.1 Payments for Orders are processed through our Payment Provider for online and App Orders and directly through our Kiosk system for in-store Orders. Accepted payment methods include major credit cards, digital wallets (such as Apple Pay and Google Pay), and any other methods indicated during checkout.
5.2 You will be charged at the time of Order placement. The prices published on the Website, App, or Kiosk apply to the Order and are inclusive of GST.

6. Changes and Cancellations

6.1 Changes and Cancellations by Fishbowl
a) If we are unable to fulfil your Order due to unforeseen circumstances, or if one of the ordered items is no longer available, we will contact you to cancel or modify your Order.
b) In such cases, we will determine whether it is appropriate to:
i. replace the unavailable item with another item of similar value;
ii. provide a partial refund for the price of the unavailable item;
iii. cancel the entire Order and provide a full refund; or
iv. provide another form of compensation that we deem appropriate.
c) Any approved refunds will be handled by our customer service team as set out in Clause 9.

7. Collection and Delivery

7.1 For pickup Orders placed through the App or Website, please arrive at your designated Fishbowl restaurant at or around the selected pickup time. Let a member of the Designated Restaurant team know the name attached to the Order and present your Order confirmation or appropriate identification that matches your Order.
7.2 For Orders placed through the in-store Kiosk, your food will typically be prepared immediately after the Order is placed. Please wait at the designated area until your Order number is called. No pre-order is required for Kiosk orders, and collection is typically immediate or within a short waiting period.
7.3 We will endeavour to have your Order ready for collection at the pickup time. However, please be patient if there is a short wait due to high demand.

Delivery Orders
7.4 For delivery Orders, please ensure your delivery address is accurate to avoid delays. Fishbowl is not responsible for delays caused by incorrect address information, as delivery is managed by Uber Eats. While we will do our best to have your Order ready on time, we cannot guarantee specific delivery times due to factors beyond our control.
7.5 We may perform fraud checks on your payment details. If your payment method raises any concerns, we might ask you for more information or cancel the transaction. Your Order will only be processed once it passes our fraud checks. If you don't provide the requested information, your Order will be cancelled, and any payment made will be refunded to your original payment method.

8. Privacy

8.1 By placing an Order through the Website, Fishbowl App or Kiosk, you consent to the collection and use of your personal information for the purpose of processing your order, delivering the ordered items, and providing customer support. We will handle your personal information in accordance with the Privacy Act 1988 (Cth) and any other applicable Australian privacy laws.
8.2 Any personal information collected through the Club Fishbowl Loyalty Program, including but not limited to name, email address, phone number, and transaction history, will be handled in accordance with Fishbowl's Privacy Policy. By participating in the Program, you consent to the collection, use, and storage of your personal information for the purposes of managing the Program, tracking points and rewards, and improving Fishbowl's services.
8.3 We take the security of your personal information seriously and utilise appropriate measures to protect it.

9. Refund Policy

9.1 Customers may request a refund for Orders that are incorrect, missing items, or have quality issues within 48 hours of receipt. Refund requests must be submitted through our customer support at enquiries@fishbowl.com.au and should include Order number and a description of the issue.
9.2 Refunds will not be issued for items that have been fully consumed, or for special promotions unless otherwise specified.
9.3 Upon receiving a valid refund request, Fishbowl will review the details and respond within 3 business days. Approved refunds will be processed to the original payment method and may take 5-7 business days to reflect in the customer's account. Credit may be offered as an alternative to a cash refund.
9.4 For Orders placed through the in-store Kiosk, refund requests must be made before the food is prepared. Refunds will not be issued for Orders that have already been prepared or collected, unless there are quality issues or missing items. If you experience any issues with your Kiosk Order, please speak to a team member at the Designated Restaurant immediately.

10. Disclaimers

10.1 We work hard to make sure our product names, descriptions, prices, nutritional information, and allergenic warnings are accurate. However, we can't guarantee that everything published on our Website, Kiosk and Fishbowl App is correct. If you have any questions or concerns about the contents of our products, please reach out to the Designated Restaurant before placing your Order.
10.2 To the extent permitted by law, we will not be liable for any loss or damage you might experience as a result of using the Services or consuming the products, except for any issues caused by our own misconduct or negligence.
10.3 These Terms apply as much as the law allows, and nothing in these terms will limit or exclude your statutory rights or remedies.
10.4 If you have food allergies or dietary restrictions, we highly recommend checking with the relevant restaurant for accurate information about allergens and whether our products are suitable for you.

11. Fishbowl Loyalty Program

11.1 Program Overview
The Club Fishbowl Loyalty Program ("Program") is a customer loyalty initiative operated by Fishbowl through the Fishbowl App. By participating in the Program, you agree to these Terms, which govern your use of the Program.

11.2 Eligibility
a) The Program is available exclusively through the Fishbowl App.
b) Only individuals who register an account on the Fishbowl App using a valid email address and phone number are eligible to participate.
c) Participation in the Program is free.

11.3 Earning Points
a) Members earn 10 points for every $1 spent (excluding taxes, fees, and delivery charges) on eligible purchases made via the Fishbowl App.
b) Points are awarded at the time of order processing and will appear in the "Club" section of the App.
c) Points cannot be earned for in-store purchases made outside the App or through third-party platforms.
d) Points cannot be transferred, pooled, or combined between accounts.

11.4 Redeeming Points
a) Points can be redeemed for rewards listed in the Rewards Bank, subject to availability and specific conditions for each reward.
b) Rewards may include menu items, discounts, promotional offers, or other benefits, as determined by Fishbowl.
c) To redeem rewards, Members must log in to their Fishbowl App account and follow the prompts in the Rewards Bank section.
d) For every 2,000 points earned, Members can redeem a free regular bowl.
e) Rewards are subject to availability and may be changed or discontinued at any time without notice.
f) Redemption is subject to the following conditions:
i. Points cannot be used to cover taxes, tips, or delivery charges.
ii. Rewards must be redeemed during the checkout process and cannot be applied retroactively to past orders.
iii. Customisations or add-ons to redeemed items may incur additional charges.
iv. Points have no monetary value and cannot be exchanged for cash, vouchers, or other benefits outside the Program.

11.5 Challenges and Bonuses
a) Members may participate in challenges (e.g. movement challenges) and earn bonus rewards as and when such challenges are released. The availability, criteria, and rewards for each challenge will be determined solely at the discretion of Fishbowl and may vary from time to time. Fishbowl reserves the right to modify or discontinue challenges without prior notice.
b) Additional rewards, such as surprise perks (e.g., free toppings, discounts, or exclusive access to new menu items), may be provided at Fishbowl's sole discretion. Such rewards are non-transferable, cannot be redeemed for cash, and may be subject to additional terms.

11.6 Points Expiry
a) Points expire 12 months from the date they are earned. Expired points will automatically be deducted from the Member's account.
b) Fishbowl is not obligated to notify Members of expiring points but will display the expiration date of points in the App.

11.7 Account Management
a) Members are responsible for ensuring that their account information is accurate and up to date.
b) Any discrepancies in points or rewards must be reported within 7 days of the transaction by using the support feature in the Fishbowl App.
c) Fishbowl reserves the right to audit accounts and adjust points or rewards in cases of suspected misuse, fraud, or technical errors.

11.8 Program Termination and Modifications
a) Fishbowl reserves the right to suspend, modify, or terminate the Program at any time without prior notice.
b) Any changes to the Program, including changes to how points are earned, redeemed, or expire, will be communicated via the Fishbowl App or Website.

11.9 Disputes and Limitations
a) In the event of a dispute regarding the accumulation or redemption of points, Fishbowl's decision shall be final and binding.
b) Fishbowl is not responsible for any technical errors, glitches, or disruptions that prevent Members from earning or redeeming points.

11.10 General Provisions
a) Points, rewards, and Program benefits are personal to the Member and cannot be assigned, sold, or transferred.
b) Abuse or misuse of the Program, including fraudulent activity or attempting to manipulate the points system, may result in account suspension, forfeiture of points, or legal action.

12. General

12.1 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of law, the remaining provisions will continue to be valid and enforceable to the fullest extent possible.

12.2 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Fishbowl may assign its rights and obligations under these Terms without restriction.

12.3 Entire Agreement
These Terms constitute the entire agreement between you and Fishbowl regarding your use of the Services and supersede all prior agreements and understandings, whether written or oral, regarding the same subject matter.

12.4 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and any failure of Fishbowl to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.5 Amendment
Fishbowl reserves the right to update these Terms at any time. Any changes will be effective immediately upon posting on our Website. Your continued use of the Services constitutes acceptance of the revised Terms.

12.6 User Conduct
You agree to use the Services only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services. Prohibited behaviour includes, but is not limited to, harassment, impersonation, or sending unsolicited commercial communications.

12.7 Force Majeure
Fishbowl shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond Fishbowl's reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.

12.8 Dispute Resolution
In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the matter amicably through informal discussions. If the dispute cannot be resolved through informal discussions within 14 days, the parties agree to submit the dispute to mediation before pursuing any legal action. The mediation will be conducted in accordance with the rules of the relevant mediation body in Australia. If the dispute is not resolved through mediation, the parties may proceed with legal action in accordance with the governing law set forth in these Terms.

12.9 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia for any disputes arising out of or relating to these Terms.

13. Contact Information
If you have any questions or concerns about these Terms, please contact us at enquiries@fishbowl.com.au or visit our Website for further assistance.

At Fishbowl we have a whistleblower policy in place to eliminate improper conduct in the workplace. The policy supports and provides a safe and confidential environment for employees, including contractors, consultants, volunteers and former employees as well as their spouses, dependents, and other relatives, and anonymous disclosures to report wrongdoing, without fear of victimisation, reprisal, dismissal or discriminatory treatment.

Fishbowl is committed to maintaining ethical and honest behaviour in the workplace. If an employee genuinely believes in good faith and on reasonable grounds that wrongdoing has occurred, they are encouraged to report this. In reporting wrongdoing, employees will not be disadvantaged or victimised. Fishbowl will endeavour to protect all employees who are making genuine reports of wrongdoing.

Wrongdoing can include but is not limited to dishonest, unethical, fraudulent or corrupt behaviour, accepting or offering bribes, payments or other benefits, committing fraudulent activities, conduct causing damage to the reputation of Fishbowl, breach of any legislation or regulation (including theft, drug sale and/or use and violence), breach of internal policies, inappropriate behaviour relating to accounting and audit matters, concealment of wrongdoing, unsafe work practices and/or behaviour that creates risk to health and safety and any other conduct, deliberate or otherwise, that may cause material financial or non-financial loss to Fishbowl.

Employees are encouraged to report any wrongdoing that is in breach of the Whistleblower or other Company policies as well as the Company values.

Reports of suspected wrongdoing can be made using the following anonymous reporting link.

Whistleblower complaints will be treated with complete confidence. Fishbowl's People and Culture team will handle all whistleblower complaints confidentially and in line with the Corporations Act 2001, except for complaints relating to the People and Culture team, which will otherwise be managed by the CEO.

Reports of wrongdoing should be in writing and where possible include, as appropriate, the following: the alleged breach, the person/persons alleged to be responsible for the breach, facts which have led there to be a belief that a breach has occurred, and further evidence that would support/substantiate the claim.

Anonymous reports will be accepted under this policy and can be made directly with the People and Culture team or the CEO. Fishbowl cannot guarantee anonymity in all cases as complaints will be handled consistent with the law and reporting requirements, however the identity of the individual making the claim will be kept confidential to the extent practicable permitted by law.

Certain anonymous reports have limitations that may inhibit finding a resolution as proper and appropriate investigation may not occur due to an inability to gather additional information, and this may impact Fishbowl's ability to report back on progress and the outcome.

Any wrongdoing reported may be investigated using the investigation procedure outlined below. Any employee that reports wrongdoing must maintain confidentiality at all times.

1. The following disclosures are protected: misconduct or an "improper state of affairs or circumstances" regarding any of the entities covered by the laws or their related bodies corporate, conduct that breaches the Corporations Act 2001 or conduct that breaches the ASIC Act or a range of specified insurance, life insurance and superannuation statutes, conduct that relates to an offence against any law of the Commonwealth which is punishable by imprisonment for 12 months or more, or a danger to the public or the financial system.

2. Upon receiving a report of a breach, Fishbowl will assess whether the claim is genuine, factual and unquestionably credible. If the claim is deemed to be in breach of this policy, Fishbowl will nominate an internal officer, or an external consultant to investigate.

3. All matters raised will be treated in a confidential, secure and sensitive manner and investigations will be conducted in accordance with the principles of procedural fairness and natural justice, this includes ensuring the objectivity of the investigator, following a fair and proper procedure, acting on the basis of logical proof and evidence when making a decision, informing an individual of claims made against them and allowing them an opportunity to be heard and respond.

4. The process for investigation involves defining the key issues to be investigated, defining the scope of the investigation including relevant questions to be asked, ensuring the scale of the investigation is proportionate to the seriousness of the allegation and ensuring sufficient and appropriate resourcing, analysing initial information and evidence relating to the claim, interviewing any individuals named to be in breach of the policy, interviewing relevant witnesses, obtaining and examining further evidence, making a final determination as to whether the breach can be substantiated based upon findings of fact and evidence and developing a report outlining the allegations, relevant findings, the conclusion reached and recommendations to address the wrongdoing.

5. Interviews conducted during the investigation may be, with authorisation, taped and notes recorded. Employees reporting wrongdoing will be required to assist in the investigation process by providing any information necessary to assess the claims.

6. Any employee found to have engaged in wrongdoing or making a vexatious complaint may be subject to disciplinary action, up to and including termination of employment.

Please note this policy does not replace procedures regarding discriminatory, harassing or bullying behaviour. The protections also do not extend to 'personal work-related grievances', (that is grievances by an employee relating to their employment or former employment which impacted them personally).