1. INTRODUCTION
1.1 Welcome to the fishingkakimarket.com platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Fishingkaki account ("Account") so that you are aware of your legal rights and obligations with respect to FISHINGKAKI (GLOBAL) PTE. LTD. and its Affiliates and subsidiaries (individually and collectively, "Fishingkaki", "we", "us" or "our"). For the purposes of these Terms of Services, “Affiliates” means, with respect to an entity, any entity that Controls, is Controlled by, or is under common Control with, that entity, where "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management, operating policies, or assets of that entity, whether by way of ownership of more than 50% of its voting or equity securities or assets, or by way of contract, management agreement, voting trust, or otherwise; provided that the term "Affiliates" shall include any variable interest entity regardless of whether any variable interest entity may be, or required to be, consolidated with that entity under generally accepted accounting principles. The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Fishingkaki client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Fishingkaki.
1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Fishingkaki is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Fishingkaki is not involved in the transaction between Users. Fishingkaki may or may not pre-screen Users or the Content or information provided by Users. Fishingkaki reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Fishingkaki cannot ensure that Users will actually complete a transaction.
1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
1.4 Fishingkaki reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Fishingkaki may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Fishingkaki may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.
1.5 Fishingkaki reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason. BY USING FISHINGKAKI SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
2. PRIVACY
2.1 Your privacy is very important to us at Fishingkaki. To better protect your rights we have provided the Fishingkaki Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Fishingkaki collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:(i) consent to Fishingkaki’s collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and Fishingkaki; and(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without Fishingkaki’s prior written consent.
2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
3. LIMITED LICENSE
3.1 Fishingkaki grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of Fishingkaki and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Fishingkaki. You acknowledge that Fishingkaki may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.
4. SOFTWARE
Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. Fishingkaki reserves all rights to the software not expressly granted by Fishingkaki hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by Fishingkaki.
5. ACCOUNTS AND SECURITY
5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that Fishingkaki, in its sole discretion, finds offensive or inappropriate, Fishingkaki has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Fishingkaki has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify Fishingkaki of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Fishingkaki will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.3 You agree that Fishingkaki may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate or suspend your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel or suspend any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that Fishingkaki deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, as determined by us from time to time, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site, (h) failure to make timely payment of any outstanding amount including overdue amounts on bank loans (or other obligation) owed to Fishingkaki or any of its Affiliates (subject to applicable law), or (i) behaviour that is harmful to other Users, third parties, or the business interests of Fishingkaki. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Fishingkaki may terminate your Account immediately with or without notice.
5.4 Users may terminate their Account if they notify Fishingkaki in writing (including via email at help@fishingkaki.com) of their desire to do so. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Fishingkaki after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Fishingkaki shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by Fishingkaki.
5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
5.6 If you are a Seller, you may be entitled to create sub-accounts (“Sub-Account”) on the sub-account platform operated by Fishingkaki (“Sub-Account Platform”) that are linked to your Account(s). You acknowledge and agree that: (a) the purpose of the Fishingkaki are to enhance the management of your Account(s) as a Seller, and you shall not use the Sub-Accounts for any other purposes (including, but not limited to, fraudulent or illegal activities); (b) while Sub-Accounts are not considered “Accounts” for the purposes of these Terms of Service, the provisions of this Clause 5 shall apply mutatis mutandis to the Sub-Accounts, except that references to “Accounts” shall be to the Sub-Accounts; (c) Sub-Accounts can be configured to have access to your Account(s) and the same rights as your Account(s) (or parts thereof), and you expressly acknowledge and agree that: (i) you are solely responsible for creating and configuring Sub-Accounts, and granting and controlling third party access to the Sub-Accounts; (ii) any third parties to whom you grant access to your Sub-Accounts will have the ability to access and operate your Account; (iii) we shall be entitled to treat any actions of the Sub-Accounts as actions of your Account; and (iv) you shall be responsible for all actions of the Sub-Accounts; and (d) Fishingkaki reserves the right to amend or terminate the operation of the Sub-Account Platform and to close any Sub-Accounts at any time in its sole discretion.
6. TERM OF USE
6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Fishingkaki may effect such termination with or without notice to you.
6.2 You agree not to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy;
(c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way;
(d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
(f) remove any proprietary notices from the Site;
(g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Fishingkaki;
(h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
(i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service;
(k) access the Fishingkaki platform, open a user account, or otherwise access your user account using any non-official Fishingkaki hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software;
(l) manipulate the price of any item or interfere with other User's listings;
(m) take any action that may undermine the feedback or ratings systems;
(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Fishingkaki with respect to the Services and/or data transmitted, processed or stored by Fishingkaki;
(o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
(p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation;
(s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
(x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury;
(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;
(z) infringe the rights of Fishingkaki, including any intellectual property rights and any passing off of the same thereof;
(aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
(bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others; and/or
(cc) direct or encourage another user to conduct a transaction other than on the Site.
6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Fishingkaki, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Fishingkaki be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.
6.4 You acknowledge that Fishingkaki and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, Fishingkaki and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Fishingkaki or submitted to Fishingkaki, including, without limitation, information in Fishingkaki Forums and in all other parts of the Site.
6.5 You acknowledge, consent to and agree that Fishingkaki may access, preserve, and/or disclose your Account information, Content, and any other materials or information you provide to us to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over Fishingkaki, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fishingkaki, its Users and/or the public.
7. VIOLATION OF OUR TERMS OF SERVICE
7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following:
⦁ Listing deletion
⦁ Limits placed on Account privileges
⦁ Account suspension and subsequent termination
⦁ Criminal charges
⦁ Civil actions, including without limitation a claim for damages and/or interim or injunctive relief
7.2 If you believe a User on our Site is violating these Terms of Service, please contact help@fishingkaki.com.
8. REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
8.1 As stated above, Fishingkaki does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).
8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with Fishingkaki in any way and Fishingkaki is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Site.
8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner ("IPR Agent") and you believe that your right or your principal's right has been infringed, please contact help@fishingkaki.com and provide us the documents to support your claim. Do allow us time to process the information provided. Fishingkaki will respond to your complaint as soon as practicable.
8.4 Complaints under this Section 8 must be provided in the form prescribed by Fishingkaki, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable Fishingkaki to assess the complaint; (d) URL(s) of the listing(s) which contain the alleged infringement; (e) sufficient information to allow Fishingkaki to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.
8.5 Fishingkaki acknowledges that a brand or manufacturer may, subject to applicable law, have the right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products with other third parties. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the brand or manufacturer and the respective third parties with whom it contracts, Fishingkaki generally does not assist in the enforcement of such exclusive distribution rights or price-control matters except where required by law.
8.6 Without limitation to the indemnity at Clause 32, each and every Seller agrees to indemnify and hold Fishingkaki and its Affiliates harmless from any and all claims, causes of action, damages and judgments arising out of or relating to (a) any intellectual property infringement claim, complaint, or violation relating to any Content or product listings, and/or (b) any removal of such Content or product listings pursuant to or in relation to any intellectual property infringement claim, complaint, or violation.
9. PURCHASE AND PAYMENT
9.1 Fishingkaki supports one or more of the following payment methods in each country it operates in such as a Credit Card.
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
9.2 Buyer may only change their preferred mode of payment for their purchase prior to making payment.
9.3 Fishingkaki takes no responsibility and assume no liability for any loss or damages to Buyer arising from shipping information and/or payment information entered by Buyer or wrong remittance by Buyer in connection with the payment for the items purchased. We reserve the right to check whether Buyer is duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
10. STRIPE
10.1 Stripe is a service provided by Stripe as a payment gateway and to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by Stripe or its authorised agent (“Stripe Account”). Seller will not receive interest or other earnings from the sum you have paid into Stripe Account. For more information on Stripe, please Visit Stripe’s Service Agreement.
10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in Stripe until:
(a) Buyer sends confirmation to Fishingkaki that Buyer has received his/her goods, in which case, unless 10.2(d) applies, Stripe will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable) and the Total Fees (defined below) in Stripe Account to Seller;
(b) Fishingkaki Guarantee Period (or any approved extension under 10.3) expires, in which case, unless 10.2(c) or 10.2(d) applies, Stripe will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable) and the Total Fees (defined below)) in Stripe Account to Seller;
(c) Fishingkaki determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 10.2(d) applies, Stripe will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy;
(d) such other time as Fishingkaki reasonably determines that a distribution of Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable) and the Total Fees (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service.
Stripe is only offered to Buyers who have made payment through the channels provided by Stripe into Stripe Account. Other arrangements between Buyer and Seller will not be covered under Fishingkaki Guarantee.
10.3 If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, Fishingkaki will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than twelve (12) months after they become due to the Seller, Fishingkaki will deal with such unclaimed Buyer's Purchase Monies in accordance with any applicable laws.
10.4 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. Stripe may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. For more information in relation to how Stripe handles your personal information, please visit Stripe’s Privacy Policy page.
10.5 The Fishingkaki Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the Fishingkaki Guarantee. The Fishingkaki Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and Fishingkaki accepts no liability in connection with the same. Without limitation, the Fishingkaki Guarantee does not constitute a product warranty.
10.6 Buyer and Seller acknowledge and agree that Fishingkaki’s decision (including any appeals) in respect of and relating to any issues concerning the Fishingkaki Guarantee is final.
10.7 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by Fishingkaki Guarantee.
11. DELIVERY
11.1 Fishingkaki will inform Seller when Fishingkaki receives Buyer’s Purchase Monies. Unless otherwise agreed with Fishingkaki, Seller should then make the necessary arrangements to have the purchased item delivered to Buyer and provide details such as the name of the delivery company, the tracking number, etc. to Buyer through the Site.
11.2 Seller must use his/her best effort to ensure that Buyer receives the purchased items within, whichever applicable, the Fishingkaki Guarantee Period or the time period specified (for offline payment) by Seller on Seller’s listing.
11.3 Users understand that Seller bears all risk attached to the delivery of the purchased item(s) and warrants that he/she has or will obtain adequate insurance coverage for the delivery of the purchased item(s). In the event where the purchased item(s) is damaged, lost or failure of delivery during the course of delivery, Users acknowledge and agree that Fishingkaki will not be liable for any damage, expense, cost or fees resulted therefrom and Seller and/or Buyer will reach out to the logistic service provider to resolve such dispute.
11.4 For Cross-Border Transaction. Users understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Singapore, and the importation and exportation of such product is subject to local laws and regulations. Users should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Fishingkaki cannot provide any legal advice in this regard and agrees that Fishingkaki shall not bear any risks or liabilities associated with the import and export of such products to Singapore.
11.5 Where the Buyer elects to have a purchased item delivered by Ninjavan, all costs for delivering the purchased item shall be borne solely by the Seller.
11.6 Where the Buyer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Buyer, Seller and Fishingkaki in such proportions as may be determined by Fishingkaki and published on the Site from time to time. Fishingkaki shall (i) collect the Buyer’s proportion of the Shipping Fee from the Buyer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Buyer’s Purchase Monies in accordance with Section 10.2, and (iii) pay the total Shipping Fee to the delivery company.
11.7 For the avoidance of doubt, any Fishingkaki-supported logistics services provided to Buyers and Sellers for overseas freight of goods from outside of Singapore to destinations within Singapore, as well as onshore logistics services for local freight, are provided or managed by Ninjavan Singapore.
12. CANCELLATION, RETURN AND REFUND
12.1 Buyer may only cancel his/her order prior to the payment of Buyer’s Purchase Monies into Fishingkaki Wallet.
12.2 Buyer may apply for the return of the purchased item and refund, subject to and in accordance with Fishingkaki’s Refunds and Return Policy. Please refer to Fishingkaki’s Refunds and Return Policy for further information.
12.3 Fishingkaki reserves the right to cancel any transaction on the Site and Buyer agrees that Buyer’s sole remedy will be to receive a refund of the Buyer’s Purchase Monies paid into Fishingkaki Wallet.
12.4 Fishingkaki Wallet does not monitor the cancellation, return and refund process for offline payment.
12.5 Subject to Section 17.6, refunds to Buyers shall be made via the same payment method used by the Buyer for the original purchase (“Original Payment Method”) within 14 business days.
12.6 In the event that Fishingkaki is unable to effect the refund via the Original Payment Method for any reason whatsoever (including, but not limited to, where the Original Payment Method is no longer valid or cannot be used to receive funds), Buyer acknowledges and agrees that (i) Fishingkaki may effect the refund via the issuance of Fishingkaki vouchers (of equivalent value to the refund amount) in accordance with such timeline as may be determined by Fishingkaki, and (ii) upon issuance of such vouchers, Buyer shall have no further right or claim against Fishingkaki in connection with such refund.
13. SELLER’S RESPONSIBILITIES
13.1 Seller shall properly manage and ensure that relevant information of the item (such as the price, item specifications and inventory amount) and any terms and conditions for sales is updated on Seller’s listing and shall not post inaccurate, misleading or incomplete information.
13.2 The price of items for sale will be determined by the Seller at his/her own discretion.
13.3 For local orders where items are located in Singapore at the point of sale, Seller, if registered for Goods and Services Tax (“GST”) in Singapore, is required to provide the GST inclusive prices to Buyer and shall issue tax invoice, receipt or credit note, where applicable, to Buyer on request.
13.4 For international orders where items are located outside Singapore at the point of sale, the price of an item shall include any GST, import taxes, customs duties and fees levied by the Singapore authorities upon importation and Seller shall not charge Buyer such amounts additionally and separately, with the exception of imports under clause 18.5.
13.5 Sellers who deliver items using incoterm “Delivery Duty Unpaid (DDU)” for the import of goods from Japan to Singapore are required to inform Buyer that import taxes may be separately collected by the carrier upon delivery of goods.
13.6 Seller is responsible for responding to Buyer’s queries on Seller’s GST registration status.
13.7 Seller agrees that Fishingkaki may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay actually will be the price that such adjustment is applied to.
13.8 For the purpose of promoting the sales of the items listed by Seller, Fishingkaki may post such items (at adjusted price) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by Fishingkaki.
13.9 Under Sections 13.3 and 13.4, Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and Fishingkaki cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.
13.10 Seller acknowledge and agrees that Seller’s violation of any of Fishingkaki’s polices will result in a range of actions as stated in Section 7.1.
14. PAID ADVERTISING
14.1 Fishingkaki offers keyword advertising (“Keyword Advertising”) and other advertising services, including participation in flash deals (“Flash Deal Advertising”) (Keyword Advertising and Flash Deal Advertising hereinafter referred to together as "Paid Advertising") on its Seller’s Portal and other site/s on an ongoing basis. Sellers may purchase the Paid Advertising services. Fishingkaki provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Site, the Paid Advertising Site or otherwise communicated to Sellers in writing (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.
14.2 In order to purchase Paid Advertising services, you must be an eligible Seller under the Paid Advertising Rules. At the time when you purchase and pay for the Paid Advertising services, your Account must not be suspended.
14.3 You have the option to purchase Keyword Advertising services at the time you list an item for sale or subsequently. When you purchase Keyword Advertising, you can set different budgets, keywords, marketing periods, etc. for each item in accordance with the Paid Advertising Rules. The Keyword Advertising service for each item will be activated and will expire on the respective dates set by you (the “Paid Advertising Period”). You will not be entitled to transfer the remaining Paid Advertising Period or Advertising Credits to other items if an item is sold or unlisted during the Paid Advertising Period you set for that item. The Advertising Credits will also not be refunded.
14.4 You have the option to purchase Flash Deal Advertising services during the periods nominated by Fishingkaki. When you purchase Flash Deal Advertising services, you may nominate items to be included in a flash sale and Fishingkaki may include such items in a flash sale at its sole and absolute discretion. Advertising Credits are not transferable to other items once used, regardless of whether the items are sold/unsold, or unlisted during the flash sale. The Advertising Credits will also not be refunded.
14.5 The goods you list on the Site must comply with all relevant laws and regulations, the Paid Advertising Rules, these Terms of Service and the Prohibited and Restricted Items Policy. You understand and agree that Fishingkaki has the right to immediately remove any listing which violates any of the foregoing and any Paid Advertising fees that you have paid or Advertising Credits you have used in relation to any listing removed pursuant to this Section 13.7 will not be refunded. Fishingkaki will also not be liable to compensate you for any loss whatsoever in relation to listings removed pursuant to this Section 14.7.
14.6 You understand and agree that Fishingkaki does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.
14.7 You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Fishingkaki shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.
14.8 IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, FISHINGKAKI IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.
14.9 For Sellers located in Singapore, the tax invoices for the automatic top up of Paid Advertising can be retrieved from the Seller Center.
15. COMMISSION AND FEES
15.1 Fishingkaki charges a commission fee (“Commission Fee”) and a transaction handling fee (“Transaction Fee”) for all successful transactions completed on the Site. The Commission Fee and Transaction Fee is borne by the Seller, and shall each be calculated according to the rates as notified to Sellers from time to time on the Site. The Commission Fee and Transaction Fee is each subject to GST (“Tax Amount”), and the Seller is responsible for such Tax Amount.
15.2 For Sellers located outside of Singapore, Fishingkaki charges a fee for all successful transactions completed on the Site (“Cross Border Fee”). The Cross Border Fee is borne by the Seller, and is calculated according to the rates as notified to such Sellers from time to time on the Site.
15.3 Fishingkaki may also charge additional service fees in respect of any other Services provided by Fishingkaki to the Seller (including, but not limited to, the Free Shipping Special Programme) (“Other Fees”). Such Other Fees shall be calculated in accordance with the terms and conditions of the relevant Service.
15.4 Following the successful completion of a transaction, Fishingkaki shall deduct the Commission Fee, Transaction Fee, Tax Amount, Cross Border Fee and Other Fees (as applicable) (collectively, the "Total Fees") from the Buyer’s Purchase Monies, and remit the balance to the Seller in accordance with Section 12.2. Fishingkaki shall issue receipts or tax invoices for the Total Fees paid by Seller on request. For Sellers located in Singapore, these tax invoices can be retrieved from the Seller Center.
16. OVERSEAS VENDOR REGISTRATION
16.1 For Sellers located outside of Singapore selling Digital Services that fall under the scope of the Overseas Vendor Registration Regime ("Overseas Digital Services Seller"), supplies of Digital Services to Buyers (i.e. individuals and non-GST registered businesses) are subject to GST ("OVR GST Amount"). If Buyer is GST registered, the responsibility lies with the GST-registered Buyer to provide his GST registration number to Fishingkaki and Seller as evidence that he is indeed GST-registered. With effect from 1 January 2023, the scope of the Overseas Vendor Registration Regime will be extended to include non-digital services that can be supplied and received remotely and low value goods sold by sellers from outside of Singapore.
16.2 Fishingkaki shall withhold and timely remit the appropriate OVR GST Amount to the Singapore Tax authorities. The Overseas Digital Services Seller shall ensure that all applicable taxes required to be charged on the sale of the Digital Service, if any, are duly applied. The Overseas Digital Services Seller shall cooperate and endeavor to provide Fishingkaki with all necessary information in order to comply with the applicable tax requirements under the Overseas Vendor Registrations regime. With effect from 1 January 2023, the scope of the Overseas Vendor Registration Regime will be extended to include non-digital services that can be supplied and received remotely and low value goods sold by sellers from outside of Singapore.
17. DISPUTES
17.1 In the event a problem arises in a transaction, such problem shall be resolved according to Fishingkaki policies.
17.2 Each Buyer and Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Fishingkaki or its Affiliates (except where Fishingkaki or its Affiliates is the Seller of the product that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
17.3 Users covered under Fishingkaki Guarantee may send written request to Fishingkaki to assist them in resolving issues which may arise from a transaction upon request. Fishingkaki may, at its sole discretion and with absolutely no liability to Seller and Buyer, take all necessary steps to assist Users resolving their dispute. For more information, please refer to Fishingkaki’s Refunds and Return Policy.
17.4 To be clear, the services provided under this Section 23 are only available to Buyers covered under Fishingkaki Guarantee. Buyer using other payment means for his/her purchase should contact Seller directly.
18. FEEDBACK
18.1 Fishingkaki welcomes information and feedback from our Users which will enable Fishingkaki to improve the quality of service provided. Please refer to our feedback procedure below for further information:
(i) Feedback may be made in writing through email to or using the feedback form found on the App.
(ii) Anonymous feedback will not be accepted.
(iii) Users affected by the feedback should be fully informed of all facts and given the opportunity to put forward their case.
(iv) Vague and defamatory feedback will not be entertained.
19. DISCLAIMERS
19.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FISHINGKAKI OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FISHINGKAKI DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
19.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19.3 FISHINGKAKI HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE FISHINGKAKI AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
20. EXCLUSIONS AND LIMITATIONS OF LIABILITY
20.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FISHINGKAKI BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
(i) (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED SAVINGS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
(ii) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF FISHINGKAKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20.2 YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
20.3 IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, FISHINGKAKI IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) ANY AMOUNTS DUE AND PAYABLE TO YOU PURSUANT TO THE FISHINGKAKI GUARANTEE; AND (B) SG $100 (ONE HUNDRED SINGAPORE DOLLARS).
20.4 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY FISHINGKAKI’S NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF FISHINGKAKI THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.
21. LINKS TO THIRD PARTY SITES AND SHARING VIDEOS FROM YOUTUBE
21.1 Third party links provided throughout the Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of Fishingkaki in any manner whatsoever and you therefore access them at your own risk. Fishingkaki is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Fishingkaki is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Fishingkaki of any linked site and/or any of its content therein.
22. YOUR CONTRIBUTIONS TO THE SERVICES
22.1 By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Fishingkaki. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Fishingkaki and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that your contribution may be transmitted over various networks and changed to conform and adapt to technical requirements.
22.2 Any Content, material, information or idea you post on or through the Services, or otherwise transmit to Fishingkaki by any means (each, a "Submission"), is not considered confidential by Fishingkaki and may be disseminated or used by Fishingkaki without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Fishingkaki, you acknowledge and agree that Fishingkaki and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Fishingkaki and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
23. THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
23.1 Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Fishingkaki is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Fishingkaki responsible for any User's actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
23.2 In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Fishingkaki. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Fishingkaki has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Fishingkaki shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Fishingkaki may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
24. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and
(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
25. FRAUDULENT OR SUSPICIOUS ACTIVITY
If Fishingkaki, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect Fishingkaki, other Buyers or Sellers, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction;
(b) We may suspend your eligibility for Fishingkaki Guarantee;
(c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to Fishingkaki;
(d) We may refuse to provide the Services to you now and in the future;
(e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to Fishingkaki or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
For the purposes of this Section:
"Chargeback" means a request that a Buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a Buyer or Seller files directly with Fishingkaki.
"Reversal" means the reversal of a payment by Fishingkaki because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by Fishingkaki, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for activities that violated these Terms of Service or any other Fishingkaki policy, or (e) Fishingkaki decided a Claim against you.
26. INDEMNITY
You agree to indemnify, defend and hold harmless Fishingkaki, and its shareholders, subsidiaries, Affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties") from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Site, or any dispute in relation to such transaction (except where Fishingkaki or its Affiliates is the Seller in the transaction that the dispute relates to), (b) the Fishingkaki Guarantee, (c) the hosting, operation, management and/or administration of the Services by or on behalf of Fishingkaki, (d) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, (e) your use or misuse of the Services, (f) your breach of any law or any rights of a third party, or (g) any Content uploaded by you.
27. SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
28. GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever arising out of or relating to these Terms of Service against or relating to Fishingkaki or any Indemnified Party under these Terms of Service shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
29. GENERAL PROVISIONS
29.1 Fishingkaki reserves all rights not expressly granted herein.
29.2 Fishingkaki may modify these Terms of Service at any time by posting the revised Terms of Service on this Site. Your continued use of this Site and/or receipt of any Services (including, for the avoidance of doubt, the continued provision of an Account to you by Fishingkaki) after such changes have been posted (regardless of whether you have reviewed such changes) shall constitute your acceptance of such revised Terms of Service. Fishingkaki may (but shall not be obliged to) notify you that a change to the Terms of Service has been made, and you should keep yourself updated as to whether any such changes have been made, and the content and effect of such changes.
29.3 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.
29.4 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Fishingkaki, nor does it authorise you to incur any costs or liabilities on Fishingkaki’s behalf.
29.5 The failure of Fishingkaki at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
29.6 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for Fishingkaki 's Affiliates and subsidiaries (and each of Fishingkaki 's and its Affiliates' and subsidiaries' respective successors and assigns).
29.7 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Site and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.
29.8 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.
29.9 If you have any questions or concerns about these Terms of Service or any issues raised in these Terms of Service or on the Site, please reach out to our help@fishingkaki.com.
LEGAL NOTICES: Please send all legal notices to help@fishingkaki.com and Attention it to the “General Counsel”.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP”, “CONNECT WITH GOOGLE” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.
Last Updated: 30 June 2024
