TERMS OF USE
Effective Date: April 2024
Welcome to Kaytar Online Fish Store and our Terms of Use (these "Terms"). These Terms are crucial as they govern your legal rights, so we encourage you to read them thoroughly. Please note that Section 18 of these Terms contains an important arbitration provision, mandating arbitration for certain disputes on an individual basis and limiting available remedies.
By accessing or using the websites, or blogs (collectively, the "Site") provided by Kaytar Fish LLC (Limited Liability Company) or our subsidiaries and affiliates (collectively, "Kaytar Fish," "we," "us," or "our"), which link to these Terms, you agree to be bound by these Terms and all terms incorporated herein by reference, including our Privacy Policy. If you do not agree to these Terms, please refrain from accessing or using the Site, or ordering, receiving, or using seafood and related products available through the Site (collectively, the "Products").
Please note that these Terms do not modify the terms or conditions of any other agreement you may have with us, such as agreements for specific products or services. If you are using the Site on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on their behalf, and they agree to be responsible for any violation of these Terms.
Kaytar retains the right to change or modify these Terms at any time at our discretion. We will notify you of such changes, such as by sending an email notification, posting a notice on the Site, Socials, or updating the "Effective Date" at the beginning of these Terms. By continuing to access or use the Site, or ordering, receiving, or using Products, you confirm your acceptance of the revised Terms and any incorporated terms. We recommend regularly reviewing these Terms to ensure your understanding of the terms and conditions that apply. If you do not agree with the revised Terms, please discontinue using the Site and Products.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.
2. Eligibility
The Site is not intended for use by individuals under the age of 18. By using the Site, you represent and warrant that you (a) are at least 18 years old, (b) are a legal resident of Armenia, (c) have not been previously suspended from the Site, (d) do not have multiple Kaytar accounts, and (e) have the authority to enter into these Terms without violating any other agreements.
We continuously test new features, services, and products for the Site. We reserve the right to include or exclude users from these tests without notice.
3. Registration, Account, and Communication Preferences
To access certain areas or features of the Site, you must register for a Kaytar Fish account. By creating an account, you agree to (a) provide accurate and complete account information, (b) promptly update your account information as needed, (c) safeguard your account credentials, (d) be responsible for any third-party access to the Site using your account, and (e) immediately report any security breaches related to the Site or your account.
By creating an account, you consent to receive electronic communications from Kaytar (e.g., via email or by posting notices on the Site/Socials). These communications may include account-related notices (e.g., payment authorizations, password changes) and are part of your relationship with us. You agree that electronic communications from us satisfy any legal communication requirements, including the need for written communication. It's advised to retain copies of electronic communications by printing or saving them. We may also send you promotional emails, including newsletters, special offers, surveys, and other relevant information. You can unsubscribe from these emails at any time by following the provided instructions.
4. Terms of Sale
4.1. Payment and Billing Information
By providing a credit card or other accepted payment method, you confirm that you are authorized to use the payment method and authorize us (or our third-party payment processor) to charge your payment method for the total order amount, including taxes and other charges. If the payment method cannot be verified or is invalid, your order may be suspended or canceled. You must resolve payment method issues before we proceed with your order. You can update your payment method information at any time by logging into your account. The amount billed may vary due to promotions, preferences, changes to your subscription, or changes in taxes and other charges. You authorize us (or our third-party payment processor) to charge your payment method accordingly.
4.2. Pricing and Availability
All prices are in Armenian Dram (AMD), and additional taxes and charges may apply. We reserve the right to adjust prices at our discretion and without notice. You will be responsible for any uncollected amounts, and we may continue to bill your updated payment method for such amounts.
Product availability is subject to change, and we may limit quantities, reject orders, discontinue products, or substitute products without prior notice. Due to market conditions and the perishable nature of certain products, substitutions may be necessary from time to time. If you are not satisfied with a substitution, please contact us at hello@kaytarfish.com.
4.3. Taxes
We will collect applicable sales tax on products shipped within Armenia. The amount of taxes shown at checkout may be adjusted due to various factors, including changes in tax rates.
4.4. Shipping and Handling
You agree to pay any shipping and handling charges shown at the time of purchase. We may change these charges but will provide notice before your purchase. Generally, shipping is handled by a third-party service provider. Shipping times on the Site are estimates, and actual delivery dates may vary. You may not export products.
All products are subject to a shipment contract. Risk passes to you upon delivery by the fulfillment partner or third-party service provider.
4.5. Deliveries
We ship frozen products with dry ice. You are responsible for safely handling and disposing of any dry ice included with your order. Always handle dry ice with care.
Inspect all products upon delivery for damage or other issues. Refrigerate or freeze perishable products immediately upon delivery and follow recommended food safety guidelines. Pregnant women, young children, the elderly, and individuals with compromised immune systems should follow relevant food consumption recommendations.
If you are not home during delivery, the courier may leave the package at your door. Delivery instructions may be provided when setting up your Kaytar Fish account. An adult aged 18 or older must be present with identification to receive wine products.
In cases of inclement weather or other events beyond our control, we will attempt to deliver your order as soon as possible. If timely delivery is not feasible, we will cancel your order for the affected period and issue a credit or refund.
4.6. No Resale
You may not resell or use products for commercial purposes.
4.7. Returns, Replacements, Refunds, and Credits
Please refer to our Returns and Refund Policy for information.
5. License to Access and Use Our Site and Content
Unless otherwise stated in writing by us, the Site and all content and materials, including the Kaytar Fish Company logo, the Kaytar Fish logo, designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), and other files, are the proprietary property of Kaytar or our licensors and users, and are protected by Armenian and international copyright laws.
You are granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site and Content. However, this license is subject to these Terms and does not include the right to (a) sell or use the Site or Content commercially, (b) distribute, publicly perform, or publicly display any Content, (c) modify or create derivative works of the Site or Content, (d) use data mining or similar methods to access the Site or Content, (e) download (except for page caching), or (f) use the Site or Content for purposes other than intended. Unauthorized use is strictly prohibited and may violate applicable laws.
6. Repeat Infringer Policy; Copyright Complaints
In accordance with Armenian and international laws, we have a policy to limit or terminate access to the Site for users who infringe intellectual property rights. If you believe any material on the Site infringes your copyright, please contact our designated agent:
Name of Designated Agent: General Counsel Address: Kaytar Fish, [Address in Armenia] Phone: [Your Phone Number] Email: [Your Email Address]
Please provide information as specified in applicable copyright laws. Knowingly making false claims may result in liability for damages, including costs and attorneys' fees.
7. Hyperlinks
You may create text hyperlinks to the Site for noncommercial purposes, provided the link does not misrepresent Kaytar Fish or our Products and the linking site complies with these Terms. You may not use Kaytar Fish logos or proprietary graphics for links without our written consent. Kaytar is not responsible for the content of third-party sites linked to or from the Site.
8. Third Party Content
The Site may display Third Party Content such as advertisements or promotions. Your interactions with third parties providing Third Party Content are solely between you and them.
9. User Conduct
You agree not to violate any laws or third-party rights, or commit torts while using the Site. You agree to comply with these Terms and not to:
Engage in threatening, harassing, intimidating, predatory, or stalking conduct. Use another user's account without authorization.
Interfere with the Site's functioning or disrupt other users' enjoyment.
Attempt to reverse engineer the Site or bypass measures to limit access.
Develop third-party applications that interact with User Content or the Site without our consent. Use any automated means to access the Site or modify its pages. Use the Site for illegal purposes or encourage such activities.
10. User Content
The Sites may feature interactive components and sections enabling users to create, publish, share, or store content, including but not limited to reviews, photos, videos, music, sound, text, graphics, code, items, or other materials (collectively, "User Content"). If you choose to share your User Content with others through the Sites or third-party platforms, you understand that this User Content will be visible to others according to the privacy settings you establish. You agree that you are solely responsible for your User Content and your use of any interactive features and sections on the Sites.
By utilizing the interactive features and areas on the Sites, you further agree not to create, post, share, or store any of the following:
User Content that is illegal, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
User Content that would promote, encourage, or provide instructions for a criminal offense, infringe upon the rights of any party, or otherwise create liability or contravene any local, state, national, or international law;
User Content that may violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary rights of any party;
User Content that contains or portrays any statements, remarks, or claims that do not genuinely represent your views and experiences;
User Content that impersonates or falsely represents your affiliation with any person or entity;
User Content that refers to or portrays Kaytar or our Products without disclosing a significant association with us, if applicable (for instance, if you are a Kaytar employee or a compensated blogger);
User Content that contains unsolicited promotions, political campaigning, advertising, or solicitations;
User Content that includes any private or personal information of a third party without the consent of such third party;
User Content that irresponsibly references alcohol, such as references to overconsumption or use by minors;
User Content that contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may exposeKaytar or others to any harm or liability of any type.
Although we are not obligated to review, edit, or monitor User Content, we reserve the right, and hold absolute discretion, to remove, review, or edit User Content posted or stored on the Sites at any time and for any reason. You are exclusively responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your own cost and expense.
11. Rights In User Content
If you submit User Content that you own, you retain your ownership rights to your intellectual property. We do not assert any ownership interest in your User Content. However, by uploading, posting, or submitting User Content to the Sites or our profiles or feeds on third-party social media platforms (e.g., Kaytar's Facebook page, Instagram page, or Twitter feed), you hereby grant Kaytar a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, along with your name, likeness, voice, and persona, in any manner or media and for any purpose at our sole discretion. This includes, without limitation, uses for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and non-commercial purposes.
By uploading, posting, or submitting User Content to Kaytar through the Sites or our profiles or feeds on third-party social media platforms, you represent and warrant that:
Such User Content is non-confidential.
You own and control all rights to the User Content, or you possess all necessary rights to post such User Content.
You authorize Kaytar to use the User Content for the purposes outlined in these Terms.
The User Content is accurate and not misleading or harmful in any manner.
The User Content, as well as your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation, or third-party right.
12. Feedback
Apart from User Content, you have the option to submit questions, comments, suggestions, ideas, original or creative materials, or other information about Kaytar, the Sites, or the Products (collectively, "Feedback"). Feedback is not treated as confidential and becomes the exclusive property of Kaytar. Kaytar holds exclusive rights, including all intellectual property rights, in and to such Feedback and is entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you.
13. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Kaytar and all of our past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (collectively, the “Kaytar Parties”) from and against all actual or alleged Kaytar Party or third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses, and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”). These Claims may include, but are not limited to, damages to property or personal injury, arising from or related to:
Any use or misuse of the Sites, Content, or Products by you or any third party you authorize to access or use such Sites, Content, or Products.
Any User Content you create, post, share, or store on or through the Sites or our profiles or feeds on third-party social media platforms.
Any Feedback you provide.
Your violation of these Terms.
Your violation of the rights of another.
You agree to promptly inform Kaytar of any third-party Claims, cooperate with the Kaytar Parties in defending such Claims, and pay all fees, costs, and expenses related to defending such Claims, including but not limited to attorneys’ fees and expenses, court costs, costs of settlement, and costs of pursuing indemnification and insurance. You further agree that the Kaytar Parties shall have control over the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities specified in a written agreement between you and Kaytar.
14. Disclaimers
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, COOKING, USE, AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR BEING AWARE OF ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING
15. Modifications To The Sites And Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time.]
16. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH KAYTAR AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
17.Binding Arbitration
Except for any Disputes arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and Kaytar agree (a) to waive your and Kaytar respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and Kaytar's respective rights to a jury trial. Instead, you and Kaytar agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
17.1. No Class Arbitrations, Class Actions Or Representative Actions
You and Kaytar agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and Kaytar and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Kaytar agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Kaytar agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
17.2. Notice; Informal Dispute Resolution
You and Kaytar agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Kaytar shall be sent by certified mail or courier to Kaytar LLC. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Kaytar's account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and Kaytar cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Kaytar may, as appropriate and in accordance with this Section 17, commence an arbitration proceeding or, to the extent specifically provided for in Section 17, file a claim in court.
17.3. Process
EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 10 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND KAYTAR AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR KAYTAR WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND KAYTAR WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and Kaytar agree that (a) any arbitration will occur in Armenian County
17.4. Severability
If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable. Further, the waivers set forth in Section 17.1 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
17.5. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to: Kaytar LLC.
18. Governing Law And Venue
These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of Republic of Armenia.
19. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
20. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
21. Survival
The following sections will survive the expiration or termination of these Terms and the termination of your KAYTAR account: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8 (second paragraph only), 9 through 23.
22. Miscellaneous
These Terms constitute the entire agreement between you and KAYTAR’s relating to your access to and use of the Sites and your order, receipt, and use of Products.