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.

2. Eligibility

You must be at least 18 years old to use our services. Minors may use the App only under supervision.

3. Account Registration

You must provide accurate, current, and complete information when creating an account and are responsible for maintaining confidentiality of your login credentials.

4. Orders and Transactions

Placing an Order: Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason.

Payment Processing: Payments are processed using third-party payment gateways. You authorize us to process the payment for your purchases.

Pricing and Availability: Prices may change without notice due to market conditions. Product images are for representation only; actual products may differ in appearance, color, size, or cut.

5. Delivery Terms

Delivery Service: Delivery is available within designated service areas. Delivery times shown are estimates and not guaranteed. Delays caused by traffic, weather, or operational issues do not qualify for refunds or compensation.

Location Accuracy: The App may use GPS, map services, or network-based location to suggest or auto-fill your address or location pin. Such location detection is approximate and may not always be accurate. It is the customer’s responsibility to verify and enter the correct delivery address and landmark details. The Company is not liable for failed or delayed deliveries resulting from inaccurate location pins, wrong addresses, or incorrect map data.

Technical Errors in Serviceability Check: At times, due to technical issues, server delays, network problems, map integration errors, or temporary outages, the App may incorrectly show an area as serviceable or non-serviceable. The Company reserves the right to cancel such orders if the location is actually outside service limits. If payment was completed, a refund will be processed as per our refund timelines. No additional compensation or liability will arise from such technical inaccuracies.

Non-Serviceable Locations: Certain areas, localities, or PIN codes may be non-serviceable due to operational, safety, regulatory, or quality reasons. Even if the App allows you to place an order, the Company reserves the right to cancel orders that fall outside our serviceable zones. In such cases, a refund for the order amount (if already paid) will be processed as per our refund timelines, and no additional compensation will be provided.

Unreachable Customer / Wrong Address: If the customer is unreachable or the address is incorrect at delivery time, the order may be cancelled or marked delivered without refund.

Re-Delivery Charges: A re-delivery fee may apply if a second delivery attempt is required due to customer unavailability.

Delivery Issues: Damaged or missing items must be reported immediately upon delivery. Claims submitted later may not be eligible for review.

6. User Conduct

You agree not to misuse the App, engage in fraudulent activity, or attempt to interfere with App functionality or security.

7. Product Use and Quality (Updated)

Seafood Quality: All products are quality checked at dispatch and during delivery. After delivery, the quality and freshness of the seafood depend entirely on the customer’s handling and storage.

Storage Responsibility: Customers must store the seafood immediately upon delivery according to the storage instructions provided (e.g., refrigeration or freezing). The Company does not provide or guarantee expiration dates. Any spoilage or deterioration caused by improper or delayed storage, temperature exposure, or customer handling will not be eligible for refund or replacement.

Natural Variations: Seafood may naturally vary in size, shape, color, texture, fat content, and yield. These variations are normal and not defects.

Odor Disclaimer: Seafood naturally has a distinct smell. Mild odor does not indicate spoilage.

Bones / Shell Disclaimer: Despite best efforts, traces of bones, shell, or cartilage may remain. Customers must exercise caution, especially for children and elderly.

Cutting Style Variation: Cut thickness, fillet size, and cube shape may vary based on the natural structure of the fish. Exact uniformity cannot be guaranteed.

Thawing Weight Loss: Frozen or chilled seafood may release natural water during thawing, causing minor weight reduction. This is not considered a defect.

Product & Nutritional Information Disclaimer: Product descriptions, yield percentages, serving size estimates, and nutritional facts provided on the App are approximate values based on standard seafood data. Actual values may vary depending on species, season, water conditions, and natural factors. The Company cannot provide citations, guarantees, or precise measurements for nutritional data or product characteristics.

8. Cancellation and Refunds

Order Cancellation: Once an order is processed or shipped, cancellation is not permitted.

No Returns: Due to the perishable nature of seafood, returns are not accepted under any circumstances.

Refunds: Refunds or replacements may be considered only for genuine issues validated by the Company. The following do not qualify for refunds:

  • Natural color, smell, or appearance variations
  • Yield differences between gross and net weight
  • Spoilage due to customer storage or delay
  • Cut size or fillet thickness expectations
  • Minor water loss from thawing
  • Health reactions or allergies
  • Perceived lesser meat quantity

9. Intellectual Property

All App content, images, logos, and materials belong to Arka Aqua Private Limited.

10. Limitation of Liability

The Company is not liable for:

  • Health issues, allergies, or reactions from seafood consumption
  • Spoilage after delivery due to customer handling
  • Natural characteristics of seafood (bones, smell, color, appearance)
  • Weight differences due to cleaning or thawing
  • Delivery delays due to external factors

Liability, if applicable, is limited strictly to the amount paid for the disputed item.

11. Indemnification

You agree to indemnify and hold harmless Arka Aqua Private Limited from any claims arising due to misuse of the App, improper seafood handling, or violation of these Terms.

12. Privacy

Your use of the App is governed by our Privacy Policy.

13. Health and Safety

Seafood may cause allergic reactions. Customers must ensure they are not allergic. The Company is not liable for any health-related issues arising from consumption.

14. No Lawsuits

You agree not to file or pursue any lawsuit, claim, or legal action against Arka Aqua Private Limited under any circumstances.

15. Modifications

We reserve the right to modify or update these Terms at any time.

16. Termination

The Company may terminate accounts involved in misuse, fraud, or abuse.

17. Force Majeure

We are not responsible for delays caused by events beyond our control.

18. Governing Law

These Terms are governed by Indian law, and disputes fall under the jurisdiction of Hyderabad courts.

19. Contact Us

  • Email: support@arkaaqua.com

20. Pricing, Gross Weight, Net Weight & Serving Size

Gross Weight: Refers to the total weight before cleaning.

Net Weight: Refers to the approximate edible portion after cleaning. Net weight varies based on species, size, fat, and trimming.

Serving Size: Provided as an estimate only.

No Liability: The Company is not liable for yield loss or differences between expected and actual net weight.

20.8 Gross = Net Weight Products

For cubes, fillets, boneless meat, peeled & deveined prawns, or items labeled “1 kg Meat,” the gross and net weight may be equal as they are pre-cleaned. No additional yield should be expected.