Last updated on: November 2, 2016
By signing up for the Fishry service, you are agreeing to be bound by the following terms and conditions. The Services offered by Fishry under the Terms of Service include various products and services to help you create and manage an online retail store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.
Fishry reserves the right to update and change the Terms of Service by posting updates and changes to the Fishry website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
To access and use the Services, you must register for a Fishry account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Fishry may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You acknowledge that Fishry will use the email address you provide as the primary method for communication. You are responsible for keeping your password secure. Fishry cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as data, graphics, photos, videos and links that is uploaded under your Fishry Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Fishry will result in an immediate termination of your services.
- You may not use the Fishry service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of Pakistan and the Province of Punjab. You will comply with all applicable laws, rules and regulations in your use of the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fishry.
- You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Fishry customer, Fishry employee, member, or officer will result in immediate Account termination.
- Fishry does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
Limitation of Liability
- You expressly understand and agree that Fishry shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Fishry does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Fishry does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Fishry does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Fishry service.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Fishry to display and store your Store Content; and (c) that Fishry can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a Fishry store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
- Fishry shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your store to promote the Service.
Compliance with Laws:
The software and the services are controlled and offered by Fishry from its facilities in Lahore, Pakistan. If you use the software and/or the services from outside Pakistan, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and content to Pakistan and agree that Fishry collection, use, storage, and sharing of your information and content is exclusively subject to the laws of Pakistan, not of the jurisdiction in which you are located. If you use the app and/or the services from outside Pakistan, you acknowledge that you do so at your own volition and are responsible for your compliance with local laws.
You agree to defend, indemnify and hold harmless Fishry, 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: (i) your use of and access to the services; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the services.
THE SERVICES ARE PROVIDED 'AS IS' WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THEIR OPERATION, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE APP AND/OR THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FISHRY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU SPECIFICALLY ACKNOWLEDGE THAT FISHRY SHALL NOT BE LIABLE FOR USER SUMBISSIONS 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.