Welcome to the Fish Buy’s terms and conditions. These terms and conditions (“Terms and Conditions”) are between Fish Buy and you (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website fishbuy.in (“Website”) and/or our app ‘Fish Buy’, Website and Apps together shall be referred to as “Fish Buy Platform”, you agree to be bound by the provisions of these Terms and Conditions.
Please read these Terms and Conditions, along with the Privacy Policy and all other rules and policies made available or published on Fish Buy Platform as they shall govern your use of the Fish Buy Platform. By using or visiting the Fish Buy Platform or any Fish Buy software, data feeds, and service provided to you on, from, or through the Fish Buy Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) Fish Buy’s Privacy Policy and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Fish Buy Platform.
About Fish Buy
The domain name, Website, and the Apps are owned, registered, and operated by Fish Buy, a Partnership Firm incorporated under the (Indian) Companies Act, 2013, and having its registered office at Pattarumukku,Umayanalloor, Kerala, India, (hereinafter referred to as “Fish Buy” or “us” or “we” or “our” or “Company”).
Fish Buy Platform
These Terms and Conditions apply to all Users of the Fish Buy Platform. The Fish Buy Platform includes all aspects of the Website and Apps which includes but is not limited to products, software, and service offered via the Fish Buy Platform, such as the Fish Buy online platform.
The Fish Buy Platform may include or contain links to any third-party websites that may or may not be owned or controlled by Fish Buy. Fish Buy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Fish Buy will not and cannot censor or edit the content of any third-party site. By using the Fish Buy Platform, you expressly relieve Fish Buy from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
Subject to these Terms and Conditions, Privacy Policy, and all other rules and policies made available or published elsewhere, Fish Buy hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Fish Buy Platform in accordance with these Terms and Conditions.
You agree and acknowledge that Fish Buy shall have the right at any time to change or discontinue any aspect or feature of the Fish Buy Platform, including, but not limited to, the User Content, hours of availability, and equipment needed for access or use. Further, Fish Buy may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Fish Buy reserves the right to refuse access to the Fish Buy Platform, terminate Accounts, remove or edit contents without any notice to You.
Fish Buy Accounts
In order to access some of the features of the Fish Buy Platform, you may have to create your account with Fish Buy. You agree and confirm that you will never use another User’s account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone. You must notify Fish Buy immediately of any breach of security or unauthorized use of your account. At no point in time will Fish Buy be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to Fish Buy or others due to such unauthorized use, if any.
Fish Buy takes no responsibility for any User Content that is uploaded on the Fish Buy Platform, and further, the User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Fish Buy Platform provided herein.
Access, Permissions, and Restrictions
Fish Buy hereby grants you permission to access and use the Fish Buy Platform as set forth in these Terms and Conditions, provided that:
You agree not to alter or modify any part of the Fish Buy Platform.
You agree not to use the Fish Buy Platform for any of the following commercial uses unless you obtain Fish Buy’s prior written approval:
the sale of access to the Fish Buy Platform;
the sale of advertising, sponsorships, or promotions placed on or within the Fish Buy Platform or content; or
the sale of advertising, sponsorships, or promotions on any page or website that provides similar Fish Buy Platform as that of Fish Buy.
You agree to receive installs and updates from time to time from Fish Buy. These updates are designed to improve, enhance, and further develop the Fish Buy Platform and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to receive such updates (and permit Fish Buy to deliver these to you) as part of your use of the Fish Buy Platform.
You may post reviews, comments, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any other form of spam. Further, you give Fish Buy a limited, royalty-free, worldwide, non-exclusive license to use the User Content and communication in developing its Fish Buy Platform and in any of its marketing or promotional activities.
In your use of the Fish Buy Platform, you will at all times comply with all applicable laws and regulations.
Fish Buy reserves the right to discontinue any aspect of the Fish Buy Platform at any time with or without notice at its sole discretion.
Content Use
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Content.
Fish Buy Content utilized on the Fish Buy Platform which shall include but not be limited to trademarks, service marks and logos (“Marks”), process, images, software, and graphics are owned by or licensed to Fish Buy and subject to copyright and other intellectual property rights under the law.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Fish Buy Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Fish Buy Platform or the User Content therein.
You understand that when using the Fish Buy Platform, you will be exposed to User Content from a variety of sources and by different Users, and that Fish Buy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fish Buy with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Fish Buy, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Fish Buy Platform.
Content and Conduct
As a Fish Buy User, you may submit User Content on the Fish Buy Platform, including videos and User comments. You understand that Fish Buy does not guarantee any confidentiality with respect to any User Content you submit.
You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Fish Buy Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant a limited license to Fish Buy to all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to such User Content for publication on the Fish Buy Platform pursuant to these Terms and Conditions for the duration the said User Content is available on Fish Buy Platform.
For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to Fish Buy, you hereby grant Fish Buy a limited, worldwide, non-exclusive, royalty-free, sub-licenseable, and transferable license to use, reproduce, distribute, display, publish, make available online, or electronically transmit the User Content in connection with the Fish Buy Platform and Fish Buy’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Fish Buy Platform in any media formats and through any media channels. You also hereby grant each User of the Fish Buy Platform a limited, non-exclusive license to access your User Content through the Fish Buy Platform. The above licenses granted by you in the User Content you submit to the Fish Buy Platform terminate within a commercially reasonable time after you request Fish Buy to remove or delete your videos from the Fish Buy Platform provided you pay the mutually agreed amount that Fish Buy incurred in providing the Fish Buy Platform to you. You understand and agree, however, that Fish Buy may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonials you submit are perpetual and irrevocable.
You further agree that User Content you submit on the Fish Buy Platform will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Fish Buy all of the license rights granted herein.
You further agree that you will not submit to the Fish Buy Platform any User Content or other material that is contrary to the Fish Buy Community Guidelines, currently found at Fish Buy.com/community, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Fish Buy does not endorse any User Content submitted on the Fish Buy Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Fish Buy expressly disclaims any and all liability in connection with User Content. Fish Buy does not permit copyright infringing activities and infringement of intellectual property rights on the Fish Buy Platform, and Fish Buy will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. Fish Buy reserves the right to remove User Content without prior notice if it has reason to believe that User Content violates these Terms and Conditions and/or the Privacy Policy.
Termination of Account
Fish Buy will terminate a User’s access to the Fish Buy Platform if,
the User is a repeat copyright infringer;
the Users breaches any terms of these Terms and Conditions.
Violation of any applicable laws;
your use of the Fish Buy Platform disrupts our business operations or affects any other party/ User; or
you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or would bring any claims against Fish Buy.
Fish Buy reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Fish Buy may at any time, without prior notice and at its sole discretion, remove such User Content and/or terminate a User’s account for submitting such material in violation of these Terms and Conditions.
Copyright Infringement
Fish Buy operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party. Details of that policy can be found here.
As part of Fish Buy’s copyright policy, Fish Buy will terminate User access to the Fish Buy Platform if a User has been determined to be a repeat infringer.
Fish Buy Proprietary Rights
The Fish Buy Platform, except all User Content, Fish Buy Content, and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Fish Buy, subject to copyright and other intellectual property rights under the law. Content on the Fish Buy Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. Fish Buy reserves all rights not expressly granted in and to the Fish Buy Platform and the Fish Buy Content.
User Comments
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Fish Buy Platform. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Fish Buy Platform or otherwise as prohibited under this Agreement.
You may access User Content solely:
for your information and personal use;
as intended through the normal functionality of the Fish Buy Platform; and
for Streaming.
“Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Fish Buy Platform to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be downloaded (either permanently or temporarily), copied, stored, or redistributed by the User. Accessing User videos for any purpose or in any manner other than Streaming is expressly prohibited.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE FISH BUY PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FISH BUY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FISH BUY PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, FISH BUY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS, OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FISH BUY PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FISH BUY PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FISH BUY PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FISH BUY PLATFORM. FISH BUY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE FISH BUY PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FISH BUY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FISH BUY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE FISH BUY PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE FISH BUY PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE FISH BUY PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE FISH BUY PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT FISH BUY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FISH BUY PLATFORM IS CONTROLLED AND OFFERED BY FISH BUY FROM ITS FACILITIES IN INDIA. FISH BUY MAKES NO REPRESENTATIONS THAT THE FISH BUY PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE FISH BUY PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Fish Buy, its parent corporation, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from:
your use of and access to the Fish Buy Platform;
your violation of any term of these Terms and Conditions;
your violation of any third party right, including without limitation any copyright, property, or privacy right; or
any claim that your User Content caused damage to a third party.
This defense and indemnification obligation will survive these Terms and Conditions and your use of the Fish Buy Platform.
Ability to Accept Terms and Conditions
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms and Conditions and to comply with these Terms and Conditions. You also affirm that you are fully able and competent to understand and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
General
Assignment
These Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Fish Buy without restriction.
Governing Law and Arbitration
These Terms and Conditions shall be governed by the laws of India. Any dispute arising under these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India.
Entire Agreement/Severability
These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Fish Buy on the Fish Buy Platform, shall constitute the entire agreement between you and Fish Buy concerning the Fish Buy Platform. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
No Waiver
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Fish Buy’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
Contact Information
Please contact us at [email protected] with any questions regarding these Terms and Conditions.