Please Note:

These Terms of Use contain an arbitration clause and class action waiver. The waiver affects how disputes with the company are resolved, by accepting these terms of use, you agree to be bound by this arbitration provision.

   

Fisheee.com is owned and operated by Fisheee & Co Co., Ltd (Reg No 0835565018342) and is referred to in this Terms of Use Policy collectively as "Fisheee.com", "Fisheee", "the Company" “we” and “us”.

The terms "you," "your," "user," and "users," as used herein, refer to all individuals and/or entities accessing this Website and or its Mobile Application for any reason.

These Terms of Use govern your use of this website and or our mobile application. By using this Website and or its Mobile Application, you agree, without limitation or qualification, to be bound by these Terms of Use and the Fisheee.com Privacy Policy, which is incorporated herein by reference.

 

Please Note:

If you disagree with any details stated in this Terms of Use policy, your sole remedy is to discontinue your use of this Website and or its Mobile Application.

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Eligibility & Use

You must be 18 years of age or older to visit or use this Website and or its Mobile Application in any manner. By visiting or using this Website and or it's Mobile Application you are accepting these Terms of Use, you also represent and warrant to us that you are 18 years of age or older and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

 

Fisheee.com provides you with access to and use of this Website and or it's Mobile Application subject to your compliance with the Terms of Use. You also represent and warrant to us that you will use this Website and or it's Mobile Application in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions, and posting of information on or through this Website and or it's Mobile Application and for any use of this Website and or its Mobile Application by anyone accessing it using your login information.

 

Use Restrictions

The content on this Website and or its Mobile Application, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, and other materials ("Contents") is protected by copyright laws. The title to the Contents remains with Fisheee.com. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright and other laws.

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Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such materials from this Website and or it's Mobile Application in whole or in part, for any public or commercial purpose without the specific written permission from Fisheee.com. We grant you a personal, non-exclusive, non-transferable license to access this Website and or its Mobile Application and to use the information and services contained on this Website and or its Mobile Application subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on this Website and or it's Mobile Application for any purpose, subject to the express provisions of these Terms.

 

You may not distribute or make this Website and or it's Mobile Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense this Website and or its Mobile Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this Website and or it's Mobile Application, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use.

If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by Fisheee.com that replace and/or supplement the original Site or App unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

 

You may not, without Fisheee.com's written permission to use this Website and or it's Mobile Application for any purpose that is unlawful or prohibited by these Terms. You may not use this Website and or it's Mobile Application in any manner that could damage, disable, overburden, or interfere with any other party's use and enjoyment of the services. You may not attempt to gain unauthorized access to the Services through hacking, password mining, or any other means.

 

Copyright and Trademarks

All content available through this Website and or its Mobile Application is protected by copyright. No portion of this Website and or its Mobile Services may be copied, republished, transmitted, or distributed in any way without  prior written consent from Fisheee.com. Any such use of this Website and or it's Mobile Application content for any purpose not authorized under these Terms is a violation of the copyrights of Fisheee.com and its parent company.

 

Permission for all uses of this Website and or it's Mobile Application other than as expressly authorized under these Terms of Use, including linking to any page on this Website and or it's Mobile Application other than the home page, must be obtained from Fisheee.com in advance. Any such request should be submitted via an email to fisheeeshop@gmail.com. The use of this Website and or its Mobile Application, or any content available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and on this Website and or it's Mobile Application, in each case whether registered or unregistered and related goodwill are proprietary to Fisheee.com.

 

All trademarks, service marks, logos, and trade names on this Website and or its Mobile Application, whether registered or unregistered, are proprietary to Fisheee.com. You may not reproduce, download, or otherwise use any such trademarks, service marks, logos, or trade names without the prior written consent of Fisheee.com or the appropriate owner thereof.

 

User Submissions

The personal information you submit to Fisheee.com is governed by the Fisheee.com Privacy Policy. To the extent there is any inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

 

Except as provided under Submission of Ideas (below), Fisheee.com does not claim ownership of any information or material a user provides to Fisheee.com or posts, uploads, input, submits or transmits to this Website and or it's Mobile Application ("Submission"). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or "spamming"; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying this website and its services, or which, in the judgment of Fisheee.com, exposes Fisheee.com or any of its licensors, partners, or customers to any liability or detriment of any type.

 

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Fisheee.com. If you make a Submission, you automatically grant–or warrant that the owner of such content has expressly granted Fisheee.com a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Fisheee.com is not required to use any Submission.

 

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Fisheee.com is not responsible for the consequences of any Submission. Fisheee.com is not responsible for screening or monitoring Submissions made to this Website and or it's Mobile Application by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Fisheee.com may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Fisheee.com will have no liability or responsibility to users for performance or nonperformance of such activities.

 

Fisheee.com reserves the right (but is not obligated) to; (a) record the dialogue on this Website and or its Mobile Application; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user's access to any or all parts of the Services upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms of Use.

 

Unsolicited Ideas

Fisheee.com's policy is to not accept or review unsolicited ideas or suggestions from persons outside the company, including ideas for new products or services. You should not transmit any material to this Website and or its Mobile Application that you consider being confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to Fisheee.com through this Website and or it's Mobile Application or otherwise shall be the property of Fisheee.com, and maybe treated by Fisheee.com as non-confidential and non-proprietary.

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Except as expressly provided in our Privacy Policy, you give Fisheee.com an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Fisheee.com has the right to use, without any payment or accounting to you or others, any concepts, know-how, or ideas that you (or those who act on your behalf) transmit to this Website and its Mobile Application.

 

Promotions

Any and all offers or promotions advertised on this website and its mobile application are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

 

Colors

While Fisheee.com strives to display as accurately as possible the colors of the products shown on this Website and its Mobile Application, it cannot guarantee that the colors shown on this Website and or its Mobile Services exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.

 

Terms of Sale

Fisheee.com reserves the right to refuse to process or complete any order you place with us for any reason. For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business. You may only place orders via this Website and or it's Mobile Application for private and domestic purposes.

 

Pricing, Offers, and Selections

Regular and sale prices, offers and selections found on this Website and or its Mobile Application may vary from those found at Fisheee.com's own stores and in local Fisheee.com advertisements. Prices, offers, and selections on this Website and or its Mobile Application are subject to change without notice.

 

International Use

Fisheee.com controls and operates this Website and or its Mobile Application from our offices in Thailand, and all information is processed within Thailand. We do not represent that materials on this website and its Application are appropriate or available for use in other locations. Those who choose to access this Website and or it's Mobile Application from outside of Thailand do so voluntarily and are responsible for compliance with their own local laws.

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Pet Pharmacy and Health Content

All content available in any pet pharmacy portion of this Website and or it's Mobile Application, or in any other health portion of this Website and or its Mobile Application, is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from this Website and or it's Mobile Application. Fisheee.com does not represent or guarantee that such information is accurate, complete, or timely.

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Disclaimers; Limitation of Liability

All content available on this Website and or its Mobile Application is provided for informational purposes only. The use of this Website and or its Mobile Application services or the Contents is at your own risk. The Contents on this Website and or its Mobile Application could include technical inaccuracies or typographical errors. Fisheee.com may make changes or improvements at any time.

 

The contents in this Website and or it's Mobile Application are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Fisheee.com disclaims all warranties of merchantability or fitness for a particular purpose. Fisheee.com does not warrant that the functions contained in the material will be uninterrupted or error-free, that defects will be corrected, or that the services or that the server that makes it available are free of viruses or other harmful components. Fisheee.com does not warrant or make any representations regarding the use of or the result of the use of the contents on the services in terms of their correctness, accuracy, reliability, or otherwise.  You and not Fisheee.com assume the entire cost of all necessary servicing, repair, or correction.

 

To the fullest extent permissible pursuant to applicable law, Fisheee.com assumes no liability, whether in contract or tort, for any direct or indirect, special, consequential, or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from any act or omission by Fisheee.com, its agents, affiliates, joint venture partners, independent contractors, or unaffiliated third parties as a result of any act or omission in fulfillment of or in breach of these Terms of Use or the Privacy Policy. 

 

Indemnity

You hereby agree to defend, indemnify, and hold Fisheee.com and our affiliates, and our respective officers, directors, employees, agents, information providers licensors and licensees, and partners, harmless from and against any and all claims, actions, demands, liabilities, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of this Website and or its Mobile Application or Contents, or your violation of these Terms of Use. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

 

Your Account

If you use this Website and or its Mobile Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Fisheee.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

 

Contact with Third Parties and Third-Party Websites

This Website and it's Mobile Application may contain hyperlinks to other websites and webpages ("Third-Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, "Third-Party Applications"). The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure its accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Fisheee.com shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third party on this Website and or its Mobile Application.

 

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on this Website and or its Mobile Application does not indicate Fisheee.com's approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on this Website and or its Mobile Application, or based on such a third party's participation or presence on this Website and it's Mobile Application, are solely between you and the third party. Fisheee.com makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave this website and its services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

 

Termination

Fisheee.com reserves the right, in its sole discretion, to terminate your access to this Website and or it's Mobile Application, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. Upon any such termination, you must destroy any content obtained from this Website and or it's Mobile Application and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning this Website and its Mobile Application security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.

 

Modification or Suspension of the Services

You agree that Fisheee.com may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of this Website and or it's Mobile Application, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

 

General

Fisheee.com makes no claims that the Contents are appropriate or may be downloaded outside of Thailand. Access to the Contents may not be legal by certain persons or in certain countries. If you access this Website and or it's Mobile Application from outside Thailand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Use Restrictions, User Submissions, Unsolicited Ideas, Disclaimers; Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.

 

Applicable Laws

These Terms are governed in accordance with the laws of Thailand, without regard to its conflict of law provisions. You and Fisheee.com hereby expressly consent and submit to the exclusive jurisdiction of the provincial and federal courts located in Thailand for the adjudication or disposition of any claim, action, or dispute arising out of these Terms, including the Fisheee.com Privacy Policy. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Class Action Waiver;

Mandatory Agreement to Arbitrate on an Individual Basis

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Fisheee.com or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. You acknowledge and agree that, apart from the narrow exceptions above, you and the company are each waiving your rights to sue in court, including rights to receive a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.

The arbitration shall be subject to the Thailand Arbitration Act and federal arbitration law and shall be conducted by Judicial Arbitration Mediation Services.

You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the Company will pay its arbitration costs as required by the rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

 

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable, or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in the country of Thailand.

 

Notice and Take Down Procedures

The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on this website and its services infringes upon any copyright which you own or control, you may request immediate removal of such content from this website and its services by contacting Fisheee.com at the email address identified below and providing the following information:

1. Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work(s);

2. Identification of the content that you believe to be infringing, and it's location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.

3. Your name, address, telephone number, and email address;

4. A statement that you are in belief that you are authorized and have complained regarding the use of the work(s) that is not authorized by the copyright owner, its agent, or the law;

5. A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

 

Please send all notices (and counter-notices) to Fisheee.com designated copyright agent at the following address:

Fisheee.com
Attn: Copyright Agent; Law Department
Email: admin@fisheee.com

 

Changes to these Terms

Fisheee.com reserve the right to revise any of these Terms in our sole discretion at any time by updating this posting, such changes to be effective prospectively. We include the effective date of our Terms at the bottom of this statement. We encourage you to check our website frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on this Website and or its Mobile Application. Your continued use of this website and its Mobile Application after a change has been posted constitutes your acceptance of the change.

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Please Note:

If you disagree with any update or changes to this Terms of Use Policy, your sole remedy is to discontinue your use of this Website and or its Mobile Services.

 

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Fisheee.com on this website and its Mobile Application, these Terms of Use, including the Fisheee.com Privacy Policy, constitute the entire agreement between you and Fisheee.com with respect to the use of this Website and its Mobile Application including contents.

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 Effective: November 16, 2022

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