Burning Fish Games – Terms of Use

Last Updated: 23.11.25

Acceptance of Terms

These Terms of Use govern your access to and use of the Burning Fish Games website and any associated content, features, or services (collectively, the “Service”). The Service is operated by Burning Fish Games, based in Queensland, Australia (“we”, “us”, “our”).

By accessing or using the Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use. If you do not agree, please stop using the Service immediately.

We may update these Terms from time to time without prior notice. Continued use of the Service means you accept the most recent version.

Protection of Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the handling of your information as described in the Privacy Policy.

Additional Terms

Certain features may be subject to additional terms—for example, product purchases, shipping policies, promotions, or competitions. If additional terms apply, they are incorporated into these Terms of Use by reference.

Registration

You may browse the Service without creating an account. Some features, such as order history or exclusive offers, may require registration.

If you create an account, you agree to:

Provide accurate and complete information
Keep your information up to date
Be at least 18 years old

We may suspend or terminate your account if false or misleading information is provided.

Account & Password Security

If you register, you are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

Please notify us immediately if you suspect unauthorised access. We are not liable for loss or damage caused by your failure to maintain account security.

Products for Personal Use

Games and products purchased through the Service are for personal, non-commercial use only, unless we explicitly approve otherwise.

If you are a retailer interested in wholesale supply, please contact us at:
contact@burningfishgames.com

We reserve the right to cancel or limit orders that appear to violate these Terms.

Product Information

We aim to describe and present our products as accurately as possible. However:

Colours may vary by screen
Designs and packaging may change without notice

If you receive an item that is not as described, please contact us and we will help resolve the issue.

Disclaimer of Warranties

To the extent permitted by Australian law, the Service is provided “as is” and “as available”, without warranties of any kind—express or implied.

This includes, but is not limited to:

uninterrupted access
error-free content
accuracy of product information
merchantability or fitness for purpose

We are not responsible for any damages arising from your use of the Service or products purchased through it.

Your rights under the Australian Consumer Law (ACL) remain unaffected.

Intellectual Property Rights

All content on the Service—including artwork, game designs, illustrations, logos, characters, photos, text, and layouts—is owned by or licensed to Burning Fish Games and is protected by copyright, trademark, and other intellectual property laws.

You may not:

reproduce
distribute
modify
sell
commercially exploit
reverse engineer
create derivative works

… without our written permission.

We grant you a limited, non-transferable, non-exclusive licence to access and use the Service for personal, non-commercial purposes only.

User Submissions & Feedback

We love receiving ideas and feedback, but:

Do not send confidential or proprietary ideas.

By submitting any content (messages, suggestions, ideas, etc.), you grant Burning Fish Games a perpetual, royalty-free, worldwide licence to use, modify, reproduce, or distribute that material for any purpose, without obligation to compensate you.

You are solely responsible for the material you submit.

User Conduct

You agree not to use the Service to:

engage in unlawful behaviour
harass or harm others
impersonate another person
transmit harmful, defamatory, or offensive content
interfere with the Service using bots, scrapers, or automated tools
attempt to gain unauthorised access to our systems

We may limit or block access for users who violate these rules.

Third-Party Links

The Service may contain links to third-party websites (such as Kickstarter or social media platforms). We do not control or endorse those sites and are not responsible for their content or privacy practices.

Use third-party websites at your own risk.

Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Burning Fish Games, its owners, employees, and partners from any claims, losses, damages, liabilities, or expenses arising from:

your use of the Service
violation of these Terms
misuse of products or content
any breach of applicable laws

Governing Law

These Terms are governed by the laws of Queensland, Australia.
Any disputes will be handled exclusively through the courts or tribunals of Queensland, unless otherwise required by the Australian Consumer Law.

Limitation of Liability

To the maximum extent allowed under Australian law:

We are not liable for indirect, incidental, or consequential damages
Our total liability for any claim will not exceed the total amount you paid us for the product or service involved

Your consumer rights under Australian law remain fully protected.

Changes to the Service

We may modify, suspend, or discontinue any part of the Service at any time without notice.

Contact Us

For questions about these Terms, please contact:

contact@burningfishgames.com
Burning Fish Games