Terms of service

OVERVIEW

Welcome to The Fish School! The terms "we", "us" and "our" refer to The Fish School. The Fish School operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). The Fish School is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. The Fish School reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Fish School confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as The Fish School may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Return & Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered in physical stores or through other sales channels. We may offer promotions that affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our store. You agree to promptly update your account and other information as necessary so that we can complete your transactions and contact you as needed.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorized to use the selected payment method, and that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, severe weather, holidays, or other circumstances outside of our control.

Orders are subject to our Shipping Policy, including applicable processing times, shipping rates and delivery information.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by The Fish School, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as otherwise permitted by law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright or other intellectual property of The Fish School, Shopify or any third party.

The Fish School's names, logos, product and service names, designs and slogans are trademarks of The Fish School or its affiliates or licensors and may not be used without prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have control over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided.

We may also offer new features through the Services in the future. Such new features shall be deemed part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.

If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.

We are not liable for harm or damages related to your access of third-party websites or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the third party's policies and practices before engaging in any transaction.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

The Fish School is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with The Fish School.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Fish School, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with The Fish School.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and other service providers as necessary to provide the Services.

Please review our Privacy Policy for additional information regarding how personal information is collected, used and shared.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any lawful purpose, including commercial use.

You represent and warrant that you own or have all necessary rights to the Feedback you submit and that your Feedback does not violate the rights of any third party or applicable law.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable or that violates another party's intellectual property rights or these Terms.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information is inaccurate at any time, including after you have submitted an order.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only.

You may not use the Services to violate applicable laws or regulations; infringe upon intellectual property rights; harass, abuse, threaten or defame another person; transmit false or misleading information; distribute spam or other unauthorized solicitations; impersonate another person or entity; introduce viruses or malicious code; collect personal information about others without authorization; circumvent security measures; or otherwise interfere with the operation or use of the Services.

We reserve the right to suspend, disable or terminate access to the Services if we determine that these Terms have been violated.

SECTION 14 - AGENTS

This section applies if you use, allow, enable or cause the deployment of an autonomous or semi-autonomous software agent ("Agent") to access, use or interact with the Services.

An Agent may not access, use or interact with the Services if we have requested that the Agent refrain from doing so. We may use technical or other measures to limit whether and how Agents access, use or interact with the Services.

Agents must identify themselves appropriately, must not conceal or misrepresent their automated nature, must respond truthfully to requests intended to determine whether an interaction is automated, and must not circumvent measures intended to block, limit, modify or control automated access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion where permitted by law. You will remain liable for amounts due up to and including the date of termination.

Provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness or usefulness of such information.

EXCEPT AS EXPRESSLY STATED BY THE FISH SCHOOL OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FISH SCHOOL, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PROCURED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Fish School, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to a third party arising out of your breach of these Terms, violation of applicable law or the rights of a third party, or misuse of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms.

Such determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede prior or contemporaneous agreements, communications and proposals relating to the Services.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or your rights or obligations under these Terms without our prior written consent.

We may transfer, assign or delegate these Terms and our rights and obligations as permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable laws in the jurisdiction where The Fish School is headquartered.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Where required by applicable law, we will provide notice of material changes.

Your continued use of or access to the Services following the effective date of changes constitutes acceptance of the updated Terms to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service can be sent to us at jason@thefishschool.com.

The Fish School
Email: jason@thefishschool.com