Effective Date: March 20, 2021

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. PLEASE READ IT CAREFULLY.

These Terms of Use (“Terms”) govern your use any website where this Terms of Use is posted (each a “Site”) or any mobile application (each an “App”) that are operated by Just4Fish. or any of its divisions or affiliates (collectively, “Just4Fish”, “we” and us” or “Company”). The Sites and Apps are collectively referred to in these Terms as a “Website.” By using the Website, you agree, without limitation or qualification, to be bound by these Terms and the Just4Fish Privacy Policy, which is incorporated herein by reference. If you do not accept, please do not use the Website.

Company may revise these Terms at any time. Your continued usage of the Website will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on or through the Website are protected by law, including, but not limited to, Philippine copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the Website for any reason.

1. Eligibility and Use

You must be 18 years of age or older to visit or use the Website in any manner. By visiting or using the Website or accepting these Terms, you represent and warrant to the Company 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.

Just4Fish provides you with access to and use of the Website subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Website 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 the Website and for any use of the Website by anyone accessing it using your login information.


2. Use Restrictions

The content on the Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Just4Fish’s licensors, and other materials (“Contents”) is protected by copyright under both Philippines and foreign laws. Title to the Contents remains with Just4Fish.  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, trademark, and other laws.

Except all the contents in the Auction page which is not controlled or owned by Just4Fish such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained by the Auctioneer or user unless otherwise the auction fish is posted by our website administrators.

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 the Website in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and products contained on the Website 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 the Auction for any purpose, subject to the express provisions of these Terms.

You may not distribute or make the Website 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 the Website. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of this website, 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 Just4Fish 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 Just4Fish’s written permission, “mirror” any Contents contained on the Website or any other server. You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.

3. Copyright and Trademarks

The Website, and all content available through the Website, is protected by copyright. Unless specified otherwise on the Website or except as permitted by Philippine copyright law, no portion of the website may be copied, republished, transmitted, or distributed in any way without Just4Fish’s prior written consent. Any such use of the Website’s content for any purpose not authorized under these Terms is a violation of the copyrights of Just4Fish (or other entities where so indicated).
Permission for all uses of the Website other than as expressly authorized under these Terms, including linking to any page on the Website other than the home page and the Shop page, must be obtained from Just4Fish in advance. Any such request should be submitted via an email to inquiries@Just4Fish.com. The use of the Website, 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 to the Website, in each case whether registered or unregistered, and related goodwill are proprietary to Just4Fish or its licensors.

All trademarks, service marks, logos and trade names on the Website, whether registered or unregistered, are proprietary to Just4Fish or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Just4Fish or the appropriate owner thereof.

4. User Submissions

The personal information you submit to Just4Fish is governed by the Just4Fish Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Auction (below), Just4Fish does not claim ownership of any information or material a user provides to Just4Fish or posts, uploads, input, submits, or transmits to the Website (“Auction”). You agree that you will not make any Auction 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 Auction that is an advertisement or solicitation of business; (b) disrupt the normal flow of auction or make a Auction unrelated to the category being posted (unless it is clear the category 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 auction more than once or “auction spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Website, or which, in the judgment of Just4Fish, exposes Just4Fish or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Auction, you agree that such Auction is non-confidential, non-proprietary, and may be disseminated or used by Just4Fish. If you make a Auction, you automatically grant–or warrant that the owner of such content has expressly granted– Just4Fish a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Auction in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Just4Fish is not required to use or resell any Auction.
You are solely responsible for your Auction, the consequences of making a Auction, and your reliance on any Auction. Just4Fish is not responsible for the consequences of any Auction. Just4Fish is not responsible for screening or monitoring Auctions made to the Website by users. If notified by a user of a Auction allegedly in violation of these Terms of Use, Just4Fish may investigate the allegation and determine in good faith and its sole discretion whether to remove such Auction. Just4Fish will have no liability or responsibility to users for performance or nonperformance of such activities.

Just4Fish reserves the right (but is not obligated) to: (a) record the dialogue on the Website; (b) investigate an allegation that a Auction does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Auction; (c) remove Auctions 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 Website upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Auction; (f) edit or delete any Auction posted on the Website, regardless of whether such Auction violates these Terms of Use.

5. Unsolicited Auctions

Just4Fish’s policy is to not accept or review unsolicited auction from persons outside the company, including auctions for new variants of fish. You should not transmit any material to the Website that you consider to be confidential or proprietary. Notwithstanding such policy, any auction that are offered or communicated to Just4Fish through the Website or otherwise shall be the property of Just4Fish, and may be treated by Just4Fish as non-confidential and non-proprietary.

Except as expressly provided in our Privacy Policy, you give Just4Fish an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Just4Fish 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 the Services.

6. Promotions

Any and all offers or promotions advertised on the Website are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

7. Colors

While Just4Fish strives to display as accurately as possible the colors of the products shown on the Website, it cannot guarantee that the colors shown on the Website exactly reproduce the colors of its products. This may depend on the color reproduction on your computer or mobile device.

8. Terms of Sale

We reserve 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 the Website for private and domestic purposes.

We expressly prohibit purchases for resale and/or reselling any Just4Fish product as part of any business (including any online business) unless agreed in writing by Just4Fish.

9. Pricing, Offers, and Selections

Regular and sale prices, offers, and selections found on the Website may vary from those found at Just4Fish stores and in local Just4Fish advertisements. Prices, offers, and selections on the Website are subject to change without notice.

10. International Use

We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from outside the Philippines do so voluntarily and are responsible for compliance with their local laws.

Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited. No information from the Website may be downloaded or otherwise re-exported into or to a national or resident of any country to which the Philippines embargoes or sanctions goods, services or technology. By using information from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. Disclaimers; Limitation of Liability

All content available on the Website is provided for informational purposes only. The use of the Website or the Contents is at your own risk. The Contents on the Website could include technical inaccuracies or typographical errors. Just4Fish may make changes or improvements at any time.

THE CONTENTS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUST4FISH DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JUST4FISH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JUST4FISH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JUST4FISH) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUST4FISH ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, 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 JUST4FISH, 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.

12. Indemnity

You hereby agree to defend, indemnify, and hold Just4Fish 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 the Services 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.

13. Your Account

If you use the Website, 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.

Just4Fish reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

14. Contact with Third Parties and Third Party Websites

The Website 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 their accuracy, completeness, or appropriateness. The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. You agree that Just4Fish 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 the Website.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Website does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Website, or based on such third party’s participation or presence on the Website, are solely between you and the third party. Just4Fish 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 the Website to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

15. Termination

Just4Fish reserves the right, in its sole discretion, to terminate your access to the Website, 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 the Website and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.

16. Modification or Suspension of the Website

You agree that Just4Fish may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Website, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

17. General

Just4Fish makes no claims that the Contents are appropriate or may be downloaded outside of the Philippines. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Website from outside the Philippines, 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 Auctions, Unsolicited Auction, Disclaimers; Limitation of Liability, Indemnity, Applicable Laws, and Complete Agreement.

18. Applicable Laws

These Terms are governed in accordance with the laws of Quezon City, Metro Manila, Philippines, without regard to its conflict of law provisions. You and Just4Fish hereby expressly consent and submit to the exclusive jurisdiction of the city for the adjudication or disposition of any claim, action or dispute arising out of these Terms, including the Just4Fish 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.

19. 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 the Company 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.

20. Notice and Take Down Procedures

If you believe that any content on the Website infringes upon any copyright which you own or control, you may request removal of such content from the Website by contacting Just4Fish at the address identified below and providing the following information:

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);

Identification of the content that you believe to be infringing, and its 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.

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

A statement that you have a good faith belief that the complained of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
A statement that the information in this notification is accurate and, “under penalty of perjury,” you are the copyright owner or authorized representative; and
A signature or the electronic equivalent from the copyright holder or authorized representative.

Please send all notices (and counter-notices) to Just4Fishto the following address:

Just4Fish
#79 Ilocos Sur St., Bago Bantay, Quezon City, Metro Manila, Philippines 1105

Email: copyright@just4fish.com 

21. Changes to these Terms

We 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 top of the 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 the Website. Your continued use of the Website after a change has been posted constitutes your acceptance of the change. If you disagree with any changes to these Terms, your sole remedy is to discontinue your use of the Website.

22. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Just4Fish on the Websites, these Terms of Use, including theJust4Fish Privacy Policy, constitute the entire agreement between you and Just4Fish with respect to the use of the Websites and Contents.