TERMS AND CONDITIONS OF USE
Last Updated and Effective as of: 01-05-2025
1. INTRODUCTION AND ACCEPTANCE
These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("User") and Fish Vigyan ("Company," "we," "us," or "our") governing your access to and use of the FishVigyan.com website (the "Website"), including all associated subdomains, mobile applications, and online services (collectively, the "Services"). By accessing or using any part of the Services, you unconditionally accept and agree to be bound by these Terms in their entirety. If you do not agree to all provisions contained herein, you must immediately discontinue all use of the Services.
The Company reserves the exclusive right to modify, amend, or update these Terms at any time without prior notice, except where prohibited by applicable law. Material changes will be communicated through prominent notice on the Website or via direct notification where feasible. Your continued use of the Services following such modifications constitutes your affirmative acceptance of the revised Terms.
2. DESCRIPTION OF SERVICES
Fish Vigyan operates as an educational and e-commerce platform providing:
First, comprehensive informational resources including articles, guides, tutorials, and multimedia content pertaining to aquaculture and fish farming techniques (collectively, "Educational Content").
Second, an online marketplace facilitating the purchase of fish farming equipment, tools, and related products ("Products").
All Educational Content is provided for general informational purposes only and should not be construed as professional advice. The Company expressly disclaims any liability for actions taken based on interpretation of such content.
3. INTELLECTUAL PROPERTY RIGHTS
All content, materials, and features available through the Services, including but not limited to text, graphics, logos, button icons, images, audio clips, video compilations, data compilations, software, and the selection and arrangement thereof (collectively, "Proprietary Materials") are the exclusive property of Fish Vigyan, its licensors, or content providers and are protected by applicable copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes only. This license expressly excludes: any resale or commercial use of the Services or Proprietary Materials; the collection and use of any product listings, descriptions, or prices; any derivative use of the Services or Proprietary Materials; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
Unauthorized use of the Proprietary Materials may violate copyright, trademark, and other laws. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit the Services or any portion thereof without the express written consent of Fish Vigyan.
4. USER CONDUCT AND RESTRICTIONS
As a condition of your use of the Services, you warrant and covenant that you will not utilize the Services for any purpose that is unlawful or prohibited by these Terms. You agree to comply with all applicable local, national, and international laws and regulations.
Specifically, you agree not to engage in any of the following prohibited activities: The uploading, posting, or transmission of any material that infringes upon the intellectual property rights, privacy rights, or publicity rights of any third party; contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or expropriate any system, data, or personal information; constitutes unsolicited advertising, promotional materials, or spam; is defamatory, obscene, harassing, or otherwise objectionable; or violates any applicable laws or regulations.
Furthermore, you expressly agree not to employ any automated system, including but not limited to "scrapers," "crawlers," or artificial intelligence training tools, to access, extract, store, or repurpose any content from the Services, except for generally recognized search engine crawlers that comply with standard SEO protocols and respect noindex/nofollow directives. The use of extracted content for artificial intelligence model training, commercial dataset compilation, or competitive analysis is strictly prohibited.
Fish Vigyan reserves the right to terminate or restrict your access to the Services, without prior notice, for any conduct that it, in its sole discretion, deems to be in violation of these Terms or harmful to other users, the Services, or third-party providers.
5. E-COMMERCE PROVISIONS
5.1 Product Listings and Descriptions
Fish Vigyan endeavors to ensure that all Product descriptions, images, and specifications presented on the Services are accurate and complete. However, the Company does not warrant that such information is entirely error-free, current, or comprehensive. Product colors and appearances may vary based on your display settings and monitor configurations.
5.2 Pricing and Payment Terms
All prices are displayed in Indian Rupees (₹) unless otherwise stated and are subject to change without prior notice. Payment must be made in full at the time of purchase through the designated payment gateways, which may include but are not limited to Razorpay and PayPal. You agree to provide accurate and complete billing information and authorize Fish Vigyan to charge the specified amount to your chosen payment method.
5.3 Shipping and Delivery Policy
Fish Vigyan partners with third-party logistics providers to fulfill orders. Estimated delivery times are provided for reference only and do not constitute guarantees. Risk of loss and title for Products pass to you upon delivery to the carrier. The Company shall not be liable for any delays caused by unforeseen circumstances including but not limited to weather conditions, transportation disruptions, or customs clearance procedures.
5.4 Returns and Refunds
Due to the specialized nature of the Products offered, all sales are considered final unless otherwise specified. Refunds or exchanges may be considered only in the following circumstances: defective or damaged Products (provided such issues are reported within 48 hours of delivery); or incorrect Products shipped (subject to verification). To initiate a return, you must contact our customer support team at fishvigyan@gmail.com. Approved refunds will be processed within fourteen (14) business days and credited to the original payment method.
6. DISPUTE RESOLUTION AND GOVERNING LAW
6.1 Negotiation and Arbitration
Any disputes arising out of or relating to these Terms or your use of the Services shall first be subject to a thirty (30) day good faith negotiation period between the parties, initiated via written notice to fishvigyan@gmail.com.
If the dispute remains unresolved after this period, it shall be finally settled by binding arbitration in Howrah, West Bengal, India under the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted before a sole arbitrator appointed by mutual agreement of the parties. The language of the arbitration shall be English.
6.2 Class Action Waiver
You and Fish Vigyan agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
6.3 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Subject to the arbitration provisions above, the courts in Howrah, West Bengal shall have exclusive jurisdiction over any disputes not resolved through arbitration.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Fish Vigyan shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from: your access to or use of or inability to access or use the Services; any conduct or content of any third party on the Services; any content obtained from the Services; or unauthorized access, use, or alteration of your transmissions or content.
In no event shall Fish Vigyan's aggregate liability for all claims relating to the Services exceed the amount you paid to Fish Vigyan, if any, for access to the Services during the twelve (12) month period preceding the claim.
8. GENERAL PROVISIONS
8.1 Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
8.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Fish Vigyan's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
8.3 Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by Fish Vigyan on the Services, shall constitute the entire agreement between you and Fish Vigyan concerning the Services.
9. AQUACULTURE-SPECIFIC PROVISIONS
9.1 Biosecurity Compliance
Users applying Educational Content to operational practices assume full responsibility for implementing appropriate biosecurity measures in compliance with:
The Biological Diversity Act, 2002
Guidelines issued by the National Fisheries Development Board
State-level aquaculture regulations
9.2 Live Organisms Advisory
Information regarding aquatic species does not constitute authorization for possession or cultivation. Users must independently verify:
Restrictions under the Wildlife Protection Act, 1972
Coastal Aquaculture Authority regulations (where applicable)
Local zoning laws for aquaculture operations
9.3 Equipment Performance
Product performance metrics assume ideal laboratory conditions. Field performance may vary by ±15% due to:
Water chemistry variations (pH, salinity, dissolved oxygen)
Ambient temperature fluctuations
Proper installation and maintenance
9.4 Sustainability Disclosures
Environmental impact claims reference:
FAO Code of Conduct for Responsible Fisheries
India's Blue Revolution Policy Framework
Industry benchmarks current as of content publication date
9.5 Export Compliance
Purchasers intending international shipment of Products must:
Obtain MPEDA certification where required
Comply with destination country import regulations
Bear all customs clearance responsibilities
9.6 Technical Integration
API access requires prior written authorization. Integration with third-party IoT devices voids performance warranties.
10. CONTACT INFORMATION
For questions regarding these Terms, please contact:
Email: fishvigyan@gmail.com
By using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions of Use.