Last Updated: NOV 15, 2023
1. Your Relationship with Us
Welcome to EarningFish (the “Platform”), provided by EARNING FISH Pvt Ltd.
(“Earning Fish”, “we” or “us”).
These terms of service (the “Terms”) are an agreement
between you and us and set forth the terms and conditions by which you may
access and use our website, services, applications, products and content (that
include but are not limited to the Platform) (collectively, the “Services”).
Our Services are provided for private, non-commercial use. For purposes of
these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and
us. Please take the time to read them carefully.
2. Accepting the Terms
By accessing or using our Services, you confirm that you can
form a binding contract with EarningFish, that you accept these Terms and that
you agree to comply with them. Your access to and use of our Services is also
subject to our Privacy Policy, including any additional terms which are added to
such Additional Agreements and made available to you from time to time. The
terms and conditions of the Additional Agreements can be found directly on the
App, or where the App is made available for download, on your mobile device’s
applicable app store, and are incorporated herein by reference.
If you access or use the Services from within a jurisdiction
for which there are separate supplemental terms, you also hereby agree to the
supplemental terms applicable to users in each jurisdiction as outlined in the
relevant “Supplemental Terms – Jurisdiction-Specific” section below, and in the
event of a conflict between the provisions of the Supplemental Terms –
Jurisdiction-Specific that are relevant to your jurisdiction from which you
access or use the Services, and the rest of these Terms, the relevant
jurisdictions’ Supplemental Terms – Jurisdiction-Specific will supersede and
control. Access to the Services from jurisdictions where the contents or
practices of the Services are illegal, unauthorized or penalized is strictly
prohibited. If you do not agree to these Terms, you must not access or use our
Services.
If you are accessing or using the Services on behalf of a
business or entity, then: (a) “you” and “your” includes you and that business
or entity; (b) you represent and warrant that you are an authorized
representative of the business or entity with the authority to bind the entity
to these Terms, and that you agree to these Terms on the entity’s behalf; and ©
your business or entity is legally and financially responsible for your access
to and use of the Services as well as for the use of your account by others
affiliated with your entity, including any employees, agents or contractors.
You accept the Terms by accessing or using our Services. You
understand and agree that we will treat your access to or use of the Services
as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for
your records.
3. Changes to the Terms
We amend these Terms from time to time, for instance when we
update the functionality of our Services or when there are regulatory changes.
We will use commercially reasonable efforts to generally notify all users of
any material changes to these Terms, such as through a notice on our Platform,
however, you should look at the Terms regularly to check for such changes. We
will also update the “Last Updated” date at the top of these Terms, which
reflect the effective date of such Terms. Your continued access to or use of
the Services after the date of the new Terms constitutes your acceptance of the
new Terms. If you do not agree to the new Terms, you must stop accessing or
using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an
account with us. When you create this account, you must provide accurate and
up-to-date information. It is important that you maintain and promptly update
your details and any other information you provide to us, to keep such
information current and complete.
It is important that you keep your account password
confidential and that you do not disclose it to any third party. If you know or
suspect that any third party knows your password or has accessed your account,
you must promptly notify us at earningfish.info@gmail.com
You agree that you are solely responsible (to us and to
other users of our Services) for the activity that occurs under your account.
We reserve the right to disable your user account at any
time if in our reasonable opinion you have failed to comply with any of the
provisions of these Terms.
5. Intellectual Property Rights
We respect intellectual property rights and ask you to do
the same. As a condition of your access to and use of the Services, you agree
not to use the Services to infringe any intellectual property rights. We
reserve the right, with or without notice, at any time and in our sole
discretion to block access to and/or terminate the accounts of any user who
infringes or is alleged to infringe any copyrights or other intellectual
property rights.
6. Indemnity
You agree to defend, indemnify, and hold harmless
EarningFish, its parents, subsidiaries, and affiliates, and each of their
respective officers, directors, employees, agents and advisors from any and all
claims, liabilities, costs, and expenses, including, but not limited to,
attorneys’ fees and expenses, arising out of a breach by you or any user of
your account of these Terms or arising out of a breach of your obligations,
representation and warranties under these Terms.
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS
THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS
ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR
REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT
OR WARRANT TO YOU THAT:
7. Exclusion of Warranties
• YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
• YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR FREE FROM ERROR;
• ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF
THE SERVICES WILL BE ACCURATE OR RELIABLE;
• DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY
IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE
WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE
EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT
THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND
OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
8. Limitation of Liability
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY
FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE
OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR
FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO
YOU FOR:
• (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR
INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY
LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH
MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY
YOU TO Earning Fish WITHIN THE LAST 12 MONTHS.
• ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A
RESULT OF:
* ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY
OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION
BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE
SERVICE;
* ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
* THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY
CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH
YOUR USE OF THE SERVICES;
* YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT
INFORMATION;
* YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS
SECURE AND CONFIDENTIAL.
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC
AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR
BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS
OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR
LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A
DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO
USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU
COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE
AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF
CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW
INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY
WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE
POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO
YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE
UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE
USING THE SERVICES.
a. Entire Agreement. These Terms constitute the whole legal
agreement between you and EarningFish and govern your use of the Services and
completely replace any prior agreements between you and EarningFish in relation
to the Services.
b. Links. You may link to our home page, provided you do so
in a way that is fair and legal and does not damage our reputation or take
advantage of it. You must not establish a link in such a way as to suggest any
form of association, approval or endorsement on our part where none exists. You
must not establish a link to our Platform in any website that is not owned by
you. The website in which you are linking must comply in all respects with the
content standards set out at “Your Access to and Use of Our Services” above. We
reserve the right to withdraw linking permission without notice.
c. No Children. The Platform is only for people 17 years old
and over. By accessing or using the Platform, you confirm that you are over the
relevant age specified above. If we learn that someone under the relevant
specified age is using the Platform, we will terminate that user’s account.
d. No Waiver. Our failure to insist upon or enforce any
provision of these Terms shall not be construed as a waiver of any provision or
right.
e. Security. We do not guarantee that our Platform will be
secure or free from bugs or viruses. You are responsible for configuring your
information technology, computer programs and platform to access our Platform.
You should use your own virus protection software.
f. Severability. If any court of law, having jurisdiction to
decide on this matter, rules that any provision of these Terms is invalid, then
that provision will be removed from the Terms without affecting the rest of the
Terms, and the remaining provisions of the Terms will continue to be valid and
enforceable.
g. You understand and acknowledge that all rewards on the
Platform are solely sponsored and delivered by Earning Fish.
Any Questions? Get in touch at
earningfish.info@gmail.com