Terms and Conditions for Fishermen Catch (A Unit of Arka Aqua Private Limited)
Effective Date: [09/03/2025]
These Terms and Conditions (\"Terms\") govern your use of the Fishermen Catch mobile application (\"App\"), website, and services provided by Arka Aqua Private Limited (\"Company\", \"we\", \"us\", or \"our\"). By using our App, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, you must not use our App or services.
1. Acceptance of Terms
By accessing or using the Fishermen Catch App and its services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the App on behalf of a company or organization, you represent and warrant that you have the authority to bind such organization to these Terms.
2. Eligibility
To use our services, you must be at least 18 years old or the age of majority in your jurisdiction. If you are under the age of 18, you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Account Registration
To access certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information when registering for an account. You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account. You are also responsible for updating your account information when necessary.
4. Orders and Transactions
Placing an Order: By placing an order through the App, you are making an offer to purchase seafood and related products from us. We reserve the right to accept or decline any order, for any reason, at our sole discretion.
Payment Processing: Payment for orders is processed through third-party payment gateways (such as credit/debit cards, PayPal, and mobile wallets). You agree to provide accurate payment information and authorize us to process payments for the goods purchased.
Pricing and Availability: Prices and availability of products may change without notice. We strive to ensure that the information on the App is accurate, but we are not responsible for errors in pricing or availability. All prices are listed in the local currency and are subject to applicable taxes and fees.
5. Delivery Terms
Delivery Service: We offer delivery services within specific geographic areas, which may be updated from time to time. Delivery times are estimated and subject to availability and unforeseen circumstances such as weather or traffic delays.
Delivery Charges: Delivery charges may apply based on your location, delivery time, and the value of the order. The applicable charges will be displayed during checkout, and you will be notified before completing your order.
Delivery Issues: If you encounter any issues with the delivery, damaged, or missing items, please contact our customer support immediately. We will work to resolve the issue promptly, which may involve offering a replacement or a refund for the affected products at our sole discretion.
6. User Conduct
You agree to use the App and services in accordance with the following guidelines:
- Do not engage in any unlawful, fraudulent, or harmful activities.
- Do not attempt to hack, damage, or interfere with the App or its security features.
- Do not upload or transmit viruses, malware, or other harmful code.
- Do not use the App to transmit offensive, harmful, or illegal content.
- Do not attempt to reverse engineer or otherwise interfere with the functionality of the App.
- Do not use the App for any illegal purposes or to violate any applicable laws or regulations.
7. Product Use and Quality
Seafood Quality: We ensure that all seafood products delivered to you meet the required quality standards. However, once the products are delivered, the quality and storage of the seafood are your responsibility. We cannot guarantee the freshness of seafood once it has been delivered to you.
Expiration and Storage: You are responsible for ensuring proper storage of the seafood once received. The expiration dates and storage instructions are provided with the products, and you agree to follow them to ensure product safety and quality. We are not liable for any issues arising from improper storage.
8. Cancellation and Refunds
Order Cancellation: Please contact our customer support as soon as possible if you need to cancel an order. Once an order is processed or shipped, cancellation is not permitted.
Refunds: If you are not satisfied with your order, please contact us within 24 hours of delivery. We will assess your complaint and, if necessary and genuine, we may provide a refund or replacement at our sole discretion. Refunds will be issued through the original payment method. Please note that certain circumstances, such as failure to follow proper storage instructions, failure to handle the product properly, accidental order placement, Product Expired or Past its Shelf Life (from 24 to 48 hours), may not be eligible for a refund.
9. Intellectual Property
All content, including but not limited to text, images, logos, and software, is owned by Arka Aqua Private Limited or its licensors and is protected by intellectual property laws. You may not use, copy, or reproduce any part of the App without our prior written consent. Any unauthorized use of our intellectual property will result in legal action.
10. Limitation of Liability
To the maximum extent permitted by law, Arka Aqua Private Limited is not liable for any indirect, incidental, special, or consequential damages arising from your use of the App, including loss of profits, data, or business, regardless of whether we were aware of the possibility of such damages. Our liability is limited to the amount paid by you for the goods or services directly related to the cause of action.
11. Indemnification
You agree to indemnify, defend, and hold harmless Arka Aqua Private Limited, its affiliates, employees, officers, and agents from any claims, damages, or expenses arising from your violation of these Terms or your use of the App. This includes any legal fees incurred in defending such claims.
12. Privacy
Your use of the App is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. By using the App, you consent to the collection and use of your personal data as described in our Privacy Policy.
13. Health and Safety
Allergy Warning: Seafood may contain allergens such as shellfish, fish, or other substances that may cause allergic reactions. You are responsible for ensuring that you are aware of any allergies you or others may have before consuming the products. Arka Aqua Private Limited is not liable for any health issues, allergic reactions, or adverse effects arising from the consumption of seafood products. No claims should be made against us regarding health-related issues.
14. No Lawsuits
You agree that you will not file or pursue any lawsuit, claim, or legal action against Arka Aqua Private Limited, its affiliates, employees, officers, agents, or contractors in any scenario, including but not limited to any dissatisfaction with products or services provided, health issues arising from the consumption of seafood, or any other circumstances. By using the App, you waive any right to sue or make claims against us in any jurisdiction.
15. Modifications
We reserve the right to modify or update these Terms at any time. Any changes will be posted on the App, and the \"Effective Date\" will be updated. You are responsible for reviewing these Terms periodically to ensure you are aware of any changes. Continued use of the App after any changes constitutes your acceptance of the new Terms.
16. Termination
We may suspend or terminate your access to the App if you breach these Terms, engage in fraudulent or unlawful activity, or if we believe that you pose a threat to the security or integrity of the App. Upon termination, all rights and licenses granted to you will immediately cease. You may terminate your account at any time by contacting us directly.
17. Force Majeure
We are not responsible for delays or failure in performance caused by events beyond our reasonable control, including but not limited to natural disasters, strikes, and technical failures. In such cases, we will take reasonable steps to minimize the impact on service delivery.
18. Governing Law
These Terms are governed by the laws of India, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Hyderabad, india .
19. Contact Us
If you have any questions or concerns regarding these Terms, please contact us at:
- Fishermen Catch (A Unit of Arka Aqua Private Limited)
- Email: support@arkaaqua.com
- Phone: +91-9966549996