Terms of Service

Effective Date: November 3, 2025
Last Updated: November 3, 2025

By using AquaFindr, you agree to these Terms of Service. Please read them carefully.

1. Platform Overview

1.1 What AquaFindr Is

AquaFindr operates as an intermediary marketplace platform connecting buyers and sellers of aquatic products and livestock.

1.2 What AquaFindr Is Not

AquaFindr does not:

Act as a seller, supplier, or distributor of products listed on the platform
Take possession, ownership, or control of products listed by vendors
Provide warehousing, fulfillment, or shipping services
Make representations or warranties about products listed by vendors
Act as an agent for vendors or buyers in any transaction

1.3 Independent Contractor Relationship

Vendors are independent contractors operating their own businesses. No partnership, joint venture, employment, or agency relationship exists between AquaFindr and any vendor.

2. User Accounts

2.1 Account Creation

You must provide accurate, current, and complete information during registration
You are responsible for maintaining the security of your account credentials
You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account
You may not create multiple accounts to manipulate reviews, listings, or sales

2.2 Account Termination

You may terminate your account at any time by contacting support
AquaFindr may suspend or terminate accounts that violate these terms
Upon termination, your right to use the platform ends immediately

3. Prohibited Items and Conduct

3.1 Prohibited Items

You may not list, buy, or sell:

Illegally obtained species or wildlife
Invasive species prohibited by local, state, or federal law
Regulated species without proper permits or documentation (including CITES-listed species)
Counterfeit, stolen, or fraudulent items
Recalled, expired, or demonstrably unsafe products
Veterinary prescription medicines without proper authorization
Products that violate intellectual property rights
Unhealthy, diseased, or mistreated live animals

3.2 Prohibited Conduct

Users must not:

Engage in fraud, scams, or deceptive practices
Harass, threaten, or abuse other users
Spam or solicit business outside the platform
Circumvent platform fees or payment systems
Use the platform for any illegal activities
Post misleading listings or false claims about products
Share personal contact information to bypass platform policies

4. Listing Standards

4.1 Required Standards

All listings must:

Include accurate, truthful descriptions and high-quality images
Disclose any known defects, health issues, or limitations
Show only images and content you have legal rights to use
State clear pricing with no hidden fees beyond shipping
Comply with product safety standards and labeling requirements
Include care instructions for advanced species

4.2 Content Guidelines

All content, including listings, comments, and messages, must:

Be relevant and truthful
Avoid offensive, discriminatory, or obscene language
Not contain personal information of other users without consent
Only use materials that the user has the legal right to use

5. Communication Requirements

5.1 Vendor Response Times

Vendors must respond to buyer inquiries within 48 hours
Failure to respond may result in automatic dispute escalation
Maintain professional, respectful communication at all times

5.2 Platform Messaging

All transaction-related communication must occur through AquaFindr’s messaging system
This protects both parties and maintains transaction records
Do not share external contact information to bypass platform policies

6. Reviews and Ratings

6.1 Review Eligibility

Only buyers with verified purchases may leave store reviews
Reviews must be honest, constructive, and based on actual experience
AquaFindr reserves the right to remove reviews from users with no purchase history

6.2 Review Integrity

Users must not:

Create fake accounts to manipulate ratings
Offer incentives for positive reviews
Threaten or harass users over negative reviews
Leave malicious or fraudulent reviews

Violations will result in account suspension.

7. Responsibilities

7.1 Platform Responsibilities

AquaFindr is responsible for:

Secure payment processing and account management
Maintaining platform infrastructure and technical systems
Content moderation and removing policy violations
Providing dispute resolution mechanisms
Compliance with e-commerce and data privacy laws
Customer support for platform-related issues

AquaFindr has no obligation to:

Monitor every listing or transaction proactively
Verify vendor claims or product quality
Mediate every buyer-seller dispute
Enforce regulatory compliance on behalf of authorities

7.2 Vendor Responsibilities

By selling on AquaFindr, you acknowledge and agree that you are solely responsible for:

Legal Compliance:

Maintaining required business licenses, permits, and insurance
Complying with all applicable laws, regulations, and industry standards
Tax obligations including sales tax collection where applicable
Product safety standards and regulations
Obtaining necessary permits for regulated products

Product Listings:

Accurate, truthful descriptions and high-quality images
Proper disclosure of defects or issues
Ensuring you have legal rights to sell all listed products
Verifying products don’t infringe intellectual property rights

Communication & Service:

Responding to buyer inquiries within 48 hours
Providing clear product information
Maintaining professional conduct
All customer service, returns, refunds, and dispute resolution

Shipping & Fulfillment:

All aspects of packaging, shipping, and delivery
Compliance with courier regulations and carrier requirements
Risk of loss or damage during shipping until delivery
For live animals: Appropriate packaging, animal welfare compliance, and delivery that minimizes stress
For dangerous goods: Transportation regulations and authorized carriers
Providing tracking information when available

Record Keeping:

Transaction records and communications
Business licenses and permits
Product sourcing and supply chain records
Tax documentation
Shipping and delivery records
Complaint and dispute resolution records

7.3 Buyer Responsibilities

As a buyer, you agree to:

Review product listings and vendor policies carefully before purchasing
Provide accurate shipping and payment information
Comply with all applicable laws regarding your purchases (including import/export and permits for regulated species)
Provide legitimate payment methods
Contact vendors first to resolve issues before escalating disputes
Leave honest, fair feedback based on actual experience
Maintain transaction records and communication history

8. Shipping and Fulfillment

8.1 Vendor Obligations

Vendors acknowledge and agree that:

They are solely responsible for all shipping, packaging, and delivery
AquaFindr does not provide shipping services or handle logistics
They must provide accurate shipping timelines before purchase
They must use appropriate packaging to prevent damage
They bear all risk of loss or damage during shipping until delivery to the buyer

8.2 Live Animal Shipping

For vendors shipping live aquatic animals, you must:

Use appropriate packaging that ensures animal welfare during transport
Comply with animal welfare laws and transport regulations
Include clear care instructions with all livestock shipments
Arrange delivery within timeframes that minimize stress and mortality
Accept liability for any animal welfare violations during shipping

8.3 Dangerous Goods

If shipping products classified as dangerous goods (chemicals, medications), you must:

Comply with dangerous goods transportation regulations
Provide appropriate hazard labels and shipping documentation
Use authorized carriers approved for dangerous goods transport
Accept full liability for any violations or incidents

8.4 Buyer Expectations

Buyers should:

Review shipping policies before purchasing
Understand that live animal shipping may have weather restrictions
Provide accurate delivery addresses
Be available to receive time-sensitive shipments (live animals)

9. Payments and Fees

9.1 Payment Processing

All payments are processed securely through AquaFindr’s payment processor
Buyers agree to pay the total amount shown at checkout, including applicable shipping fees
AquaFindr processes payments on behalf of vendors

9.2 Vendor Fees

Vendor fee structure is outlined in your account dashboard
Fees are deducted from each transaction as funds are released to vendors
AquaFindr may withhold payments during dispute investigations

9.3 Taxes

Vendors are responsible for all applicable taxes on their sales
Buyers are responsible for any applicable taxes on their purchases

9.4 Payment Disputes

Payment disputes and chargebacks must be handled in good faith
Fraudulent chargebacks may result in account suspension

10. Returns and Refunds

10.1 Vendor-Set Policies

Return and refund policies are set by individual vendors and may vary
Buyers must review each vendor’s specific policy before purchasing
Live animal policies typically differ from equipment and supply policies

10.2 Dispute Resolution

For issues with orders:

Contact the vendor first through the platform messaging system
Vendor responds within 48 hours with proposed solution
Escalate to AquaFindr if unresolved by emailing support@aquafindr.com with documentation

AquaFindr may assist with mediation but is not obligated to resolve every dispute.

11. Intellectual Property

11.1 Platform Content

All content on the AquaFindr platform (design, text, graphics, logos, software) is owned by AquaFindr or its licensors and is protected by intellectual property laws.

11.2 User Content

You retain ownership of content you upload (product photos, descriptions, etc.)
By uploading content, you grant AquaFindr a non-exclusive, worldwide license to use, display, and promote your content in connection with the platform
You warrant that you have all necessary rights to any content you upload

11.3 Advertising Use

Public listings, including images and descriptions, may be used by AquaFindr in marketing and promotional materials to promote both the platform and your products to potential buyers.

12. Privacy and Data Protection

12.1 Privacy Policy

Your use of AquaFindr is governed by our Privacy Policy, which is incorporated into these Terms of Service.

12.2 Data Controllers

Vendors are data controllers for buyer personal data they collect through transactions
Vendors must comply with applicable data protection laws (including GDPR where applicable)
Vendors must implement appropriate security measures and honor data subject rights

12.3 Data Use Restrictions

Vendors may not:

Share buyer personal data with third parties without consent
Use buyer data for marketing without explicit opt-in consent
Retain buyer data longer than necessary for transaction fulfillment
Transfer buyer data outside their jurisdiction without appropriate safeguards

13. Compliance Monitoring and Enforcement

13.1 Monitoring Rights

AquaFindr reserves the right to:

Review listings and user conduct for policy compliance
Request documentation to verify legal compliance at any time
Remove listings that violate these terms or applicable law
Suspend or terminate accounts for violations
Withhold payments pending investigation of compliance issues
Report suspected illegal activity to authorities
Cooperate with law enforcement investigations

13.2 Enforcement Actions

AquaFindr may, at its sole discretion and without liability:

Remove any listing that violates these terms
Suspend or terminate user accounts for repeated or serious violations
Ban users from the platform permanently

14. Limitation of Liability

14.1 Platform Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

AquaFindr is not liable for any indirect, incidental, special, consequential, or punitive damages arising from platform use
AquaFindr’s total liability shall not exceed the fees paid by the user in the 12 months preceding the claim
AquaFindr makes no warranties regarding sales, revenue, or business success
The platform is provided “as is” without warranties of any kind
Vendors use the platform at their own risk

14.2 Vendor Liability

Vendors are solely liable for:

All legal liabilities arising from their sales activities
Product defects, safety issues, or failures to meet buyer expectations
Shipping problems, delays, or delivery failures
Violations of laws or regulations
Customer disputes and claims
Any misrepresentation or fraud

15. Indemnification

15.1 Vendor Indemnification

Vendors agree to indemnify, defend, and hold harmless AquaFindr, its affiliates, officers, directors, employees, and agents from all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from:

Breach of these terms and conditions
Violation of any law, regulation, or third-party right
Product listings, descriptions, or marketing materials
Product defects, safety issues, or failures to meet consumer expectations
Shipping, fulfillment, or delivery practices
Intellectual property infringement related to products
Consumer complaints, disputes, or legal claims
Regulatory enforcement actions
Any misrepresentation or fraud committed
Data protection violations or privacy breaches

15.2 User Indemnification

All users agree to indemnify AquaFindr from claims arising from their violation of these terms or applicable laws.

16. Dispute Resolution

16.1 Buyer-Vendor Disputes

Vendors are solely responsible for resolving disputes with buyers
AquaFindr is not a party to disputes between buyers and vendors
Users must engage in good-faith dispute resolution efforts
AquaFindr may assist with mediation but is not obligated to do so

16.2 Platform Disputes

Any disputes between users and AquaFindr shall be:

Governed by the laws of Tennessee, United States
Subject to the exclusive jurisdiction of courts in Nashville, TN, USA
Resolved initially through good-faith negotiation

17. Reporting Violations

If you encounter conduct or listings that violate these terms:

Report it:
- Email support@aquafindr.com with details and evidence
- Use the link to ‘Report Abuse’ on each product listing
Include: Screenshots, message history, listing links, and specific policy violations
We investigate: All reports are reviewed promptly

18. General Provisions

18.1 Modifications

AquaFindr reserves the right to modify these terms at any time. Material changes will be communicated with 30 days’ notice. Continued use of the platform after modifications constitutes acceptance of updated terms.

18.2 Severability

If any provision of these terms is found unenforceable, the remaining provisions remain in full force and effect.

18.3 Entire Agreement

These Terms of Service, along with the Privacy Policy, constitute the entire agreement between users and AquaFindr.

18.4 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

19. Additional Requirements for UK Vendors

This section applies only to vendors operating in the United Kingdom.

19.1 UK Business Registration and Licensing

You represent, warrant, and covenant that you:

Are a registered business entity legally authorized to operate in the United Kingdom
Hold all necessary licenses, permits, and authorizations required for your business activities
Maintain current and valid business insurance appropriate to your operations
Comply with all UK tax obligations including VAT registration if applicable
Will immediately notify AquaFindr of any suspension, revocation, or limitation of business licenses

19.2 UK Product-Specific Regulatory Compliance

Veterinary Medicines:

You warrant that any veterinary medicines, treatments, or pharmaceuticals listed comply with the Veterinary Medicines Regulations 2013
You hold valid UK marketing authorization from the Veterinary Medicines Directorate (VMD) for all controlled products
You maintain required records and can provide proof of authorization upon request
You understand unauthorized veterinary medicine sales may result in prosecution and product seizure

Live Aquatic Animals:

You comply with the Aquatic Animal Health Regulations 2009
You hold all required registrations with the Fish Health Inspectorate
You maintain health certificates and movement documentation as legally required
You comply with disease notification requirements to the appropriate authorities
You ensure all livestock meets UK animal welfare standards

Endangered Species:

You comply with the Convention on International Trade in Endangered Species (CITES) regulations
You possess and can provide valid CITES permits for any regulated species
You understand that trading endangered species without proper authorization is a criminal offense

19.3 UK Consumer Protection Compliance

You agree to comply with all UK consumer protection laws including:

Consumer Rights Act 2015:

Products must be of satisfactory quality, fit for purpose, and as described
You honor the 30-day short-term right to reject for faulty goods
You provide repair, replacement, or refund remedies as legally required
You honor the 6-month presumption period for product defects

Consumer Contracts Regulations 2013:

You provide clear pre-contract information to buyers
You honor the 14-day cooling-off period for distance sales (except where legal exemptions apply for live animals or perishable goods)
You process refunds within 14 days of receiving returned goods
You clearly communicate any restocking fees or return shipping costs

Distance Selling Regulations:

You provide accurate product descriptions, images, and specifications
You clearly state delivery timeframes and costs
You provide your business name, address, and contact information
You issue clear order confirmations

19.4 UK Product Safety and Standards

You warrant that all products:

Meet applicable UK safety standards and CE/UKCA marking requirements where applicable
Are free from defects that could cause harm
Include appropriate warnings, instructions, and safety information in English
Comply with packaging and labeling regulations including allergen information where applicable

19.5 UK Shipping Requirements

You acknowledge that:

You must comply with all UK courier regulations and carrier requirements
For live animals: You must comply with the Animal Welfare Act 2006 and transport regulations
For dangerous goods: You must comply with UK dangerous goods transportation regulations and use authorized carriers

19.6 UK Record Keeping

You agree to maintain for a minimum of 6 years:

Business registration and licensing documentation
Product sourcing and supply chain records
Health certificates and veterinary authorizations where applicable
Customer transaction records and communications
Tax records including VAT documentation
Shipping and delivery records
Complaint and dispute resolution records

19.7 Documentation Requests

You agree to provide requested documentation to AquaFindr within 5 business days when:

Compliance verification is required
A buyer dispute necessitates documentation
Regulatory authorities request information through AquaFindr
Investigation of Terms of Service violations is underway

19.8 UK GDPR Compliance

You acknowledge that you are a data controller for buyer personal data you collect and must:

Comply with UK General Data Protection Regulation (UK GDPR)
Maintain a lawful basis for processing buyer personal data
Implement appropriate security measures to protect data
Honor data subject rights including access, rectification, and deletion requests
Notify AquaFindr and affected individuals of any data breaches within 72 hours
Not transfer buyer data outside the UK without appropriate safeguards

19.9 UK Dispute Resolution

For UK vendors, disputes with AquaFindr shall be:

Governed by the laws of England and Wales
Subject to the exclusive jurisdiction of UK courts
Resolved initially through good-faith negotiation
Subject to Alternative Dispute Resolution (ADR) requirements under UK law when dealing with buyers

Acknowledgment

By using AquaFindr, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

For Vendors: You further acknowledge that:

You are solely responsible for compliance with all applicable laws and regulations
AquaFindr is not liable for your violations of law or regulatory non-compliance
You will indemnify AquaFindr for any claims arising from your activities
You accept sole responsibility for shipping, fulfillment, and customer service

Questions? Contact support@aquafindr.com