Terms and Conditions

Effective date: 14 July 2025
Last updated: 14 July 2025

These Terms and Conditions govern access to and use of the website AquaBay.co.uk and all related marketplace services, features, content, communications, and policies made available through the AquaBay platform.

By accessing, browsing, registering for, listing on, purchasing through, selling through, or otherwise using AquaBay.co.uk, you agree to be bound by these Terms and Conditions and all related marketplace policies referred to in them. If you do not agree to these Terms and Conditions, you must not access or use the platform.

These Terms and Conditions form the legal agreement between each user and AquaBay. They set out the legal relationship between AquaBay, buyers, sellers, and other users of the platform, including rules relating to accounts, listings, transactions, prohibited conduct, payments, policies, liability, platform rights, and applicable law.

1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

“AquaBay”, “we”, “us”, and “our” mean AquaBay.co.uk and the operator of the AquaBay marketplace.

“Platform” means the AquaBay website, marketplace, systems, software, communications, services, tools, and related features.

“User” means any person or entity who accesses or uses the platform.

“Buyer” means a user who purchases or attempts to purchase any item through the platform.

“Seller” means a user who lists, offers, advertises, or sells any item through the platform.

“Listing” means any product, animal, plant, service-related entry, description, image, listing content, shop content, or advertisement placed on the platform by a seller.

“Item” means any animal, live fish, livestock, reptile, bird, invertebrate, plant, pet food, accessory, supply, equipment, or other product offered on the platform.

“Policies” means all AquaBay rules, policies, standards, notices, and guidance published on the platform from time to time, including but not limited to the Shipping Policy, Returns and Refund Policy, DOA Policy, Buyer Responsibility Policy, Privacy Policy, Cookie Policy, pricing pages, and seller rules.

“Transaction” means any sale, purchase, attempted sale, attempted purchase, payment, refund, replacement, or related interaction between buyer and seller through the platform.

2. About AquaBay and Marketplace Role

AquaBay.co.uk operates an online marketplace connecting buyers and independent sellers offering animals, plants, pet supplies, pet food, equipment, accessories, and related products.

The marketplace may include, without limitation, categories such as:

fish and aquatic animals
reptiles and amphibians
birds and small animals
invertebrates
aquatic and terrestrial plants
pet food and frozen food
pet accessories, enclosures, tanks, equipment, and supplies
other lawful pet-related goods and related categories

AquaBay provides the platform through which users may create accounts, list items, browse listings, communicate, and complete transactions with one another.

Unless AquaBay expressly states otherwise in writing:

AquaBay does not own, breed, stock, warehouse, inspect, hold, or sell the items listed by sellers
AquaBay is not the seller, supplier, breeder, keeper, shipper, exporter, importer, or owner of listed items
AquaBay does not take title to items listed by sellers
AquaBay is not a party to the contract of sale between buyer and seller
all contracts for sale are made directly between the buyer and the seller
sellers are solely responsible for their listings, compliance, fulfilment, shipping, product condition, animal welfare compliance, and all aspects of the transaction

AquaBay acts solely as a marketplace platform and intermediary technology service. AquaBay does not guarantee that listings are lawful, accurate, complete, safe, genuine, suitable, available, or fit for any purpose, and does not guarantee the conduct, performance, or compliance of any user.

3. Eligibility to Use the Platform

To use AquaBay, you must:

be at least 18 years old
have the legal capacity to enter into binding contracts
provide true, accurate, current, and complete information
comply with all applicable laws and regulations
not have been previously suspended, restricted, or removed from the platform unless expressly permitted by AquaBay to return

By using AquaBay, you confirm that you meet these requirements.

AquaBay reserves the right to refuse access to the platform, decline registration, restrict functionality, suspend accounts, or terminate access at any time, with or without notice, where permitted by law.

4. User Accounts

Certain services require registration of a user account.

Users are responsible for:

maintaining the confidentiality and security of login details, passwords, and account access
ensuring account information remains accurate and up to date
all activity carried out through their account
restricting access to their devices and account credentials
promptly notifying AquaBay of suspected unauthorised use, security breaches, or compromise

AquaBay is entitled to treat all actions taken through an account as authorised by the registered account holder unless proven otherwise.

AquaBay is not responsible for any loss, damage, cost, liability, claim, or consequence arising from a user’s failure to protect account credentials or maintain account security.

Users must not:

create false accounts
impersonate another person or business
use another person’s account without permission
create multiple accounts to evade restrictions, suspensions, policies, or enforcement actions

AquaBay may verify account information at any time and may require supporting information or documentation.

5. Buyer Obligations and Buyer Responsibility

By placing an order through AquaBay, buyers agree to comply with these Terms and all relevant policies.

Buyers are responsible for:

reviewing listings, descriptions, delivery terms, seller terms, policies, and any product-specific conditions before purchasing
ensuring that they understand the nature of the item being purchased, including any risks, restrictions, care requirements, pre-order status, livestock conditions, or specialist handling needs
providing accurate and complete order information, including delivery address, contact details, and delivery instructions
monitoring order updates and tracking information after dispatch
being available to receive deliveries where necessary
ensuring the delivery address is secure, accessible, and capable of receiving the shipment
collecting items from courier depots, parcel lockers, reception desks, or other designated locations where necessary
contacting the seller first through the platform if any issue arises with an order
providing reasonable supporting information when reporting issues, including order number, description of issue, photographs, videos, or other evidence where applicable
allowing a reasonable opportunity for the seller to resolve the issue in accordance with the relevant policy

Buyers must not engage in abusive or manipulative conduct, including:

making false claims regarding delivery, damage, condition, or non-receipt
attempting to obtain a refund without returning goods where return is required
misusing complaints, disputes, chargebacks, or claim procedures
threatening sellers to obtain concessions, refunds, or benefits
engaging in abusive, harassing, defamatory, or threatening communication

AquaBay may issue warnings, restrict buyer privileges, suspend buyer accounts, or permanently terminate buyer access where buyer conduct breaches these Terms or marketplace policies.

6. Seller Obligations

Sellers may list items for sale on the platform subject to these Terms and all applicable policies.

Sellers are solely responsible for:

creating lawful, accurate, truthful, and complete listings
ensuring that items offered are lawful to sell, possess, transport, and purchase
complying with all applicable laws, regulations, licences, permits, and industry requirements
ensuring that animals or live items are suitable for sale and transport
maintaining accurate pricing, stock, dispatch, and delivery information
honouring accepted orders unless cancellation is permitted by law or policy
fulfilling orders promptly and professionally
packaging goods appropriately and safely
selecting appropriate shipping and delivery services
handling refunds, replacements, redelivery attempts, order issues, and complaints in accordance with AquaBay policies
complying with live animal, livestock, DOA, welfare, and species-specific policies
ensuring communication with buyers remains lawful, professional, and within the platform where required
paying all applicable marketplace fees, commissions, deductions, and charges

Sellers must not upload misleading descriptions, false photos, prohibited items, illegal species, or inaccurate claims relating to health, origin, pedigree, legality, delivery, availability, or condition.

AquaBay may remove listings, restrict accounts, suspend sellers, withhold functions, or terminate seller access where sellers breach these Terms, policies, or applicable laws.

7. Marketplace Policies and Policy Integration

These Terms and Conditions operate together with all AquaBay marketplace policies, standards, notices, and guidance published from time to time, including but not limited to:

Shipping Policy
Returns and Refund Policy
DOA (Dead on Arrival) Policy
Buyer Responsibility Policy
seller-specific policies and requirements
Privacy Policy
Cookie Policy
pricing, commission, membership, payout, and verification pages
any category-specific, livestock-specific, or compliance-specific rules published by AquaBay

By using AquaBay, each user agrees to comply with all applicable policies.

Where a separate policy applies to a particular transaction, category, listing type, or product type, that policy forms part of these Terms and Conditions.

AquaBay reserves the right to update, replace, withdraw, or add policies at any time.

8. Buying Through AquaBay

When a buyer purchases through AquaBay:

the buyer is purchasing directly from the seller
the seller, not AquaBay, is responsible for the item, dispatch, shipping, fulfilment, packaging, condition, legality, and compliance
the buyer is responsible for reviewing the listing and all applicable policies before purchase
shipping, returns, refunds, livestock handling, and claim processes are governed by the applicable AquaBay policies and the seller’s lawful listing terms

AquaBay does not guarantee that a seller will complete a transaction, that an item will meet a buyer’s expectations, or that a dispute will be resolved in a particular way.

9. Selling Through AquaBay

Sellers may list items and operate shops on AquaBay subject to these Terms, the applicable policy framework, and all legal requirements.

By listing items, sellers represent and warrant that:

they have the legal right to list and sell the item
the listing is accurate and not misleading
the item complies with all legal, welfare, transport, and regulatory requirements
they will fulfil orders in accordance with their listing and platform policies
they will not engage in prohibited activity, fee avoidance, fraud, or deceptive conduct

AquaBay does not guarantee sales volume, listing visibility, buyer behaviour, search ranking, or platform traffic.

10. Payments, Payment Providers, Payouts, and Verification

Payments on the platform may be processed by regulated third-party payment providers.

AquaBay does not directly store or process payment card details unless expressly stated otherwise.

Use of the payment service is also subject to the terms, conditions, policies, and verification procedures of the relevant payment provider.

Sellers may be required to:

complete identity verification
complete address verification
provide tax, business, payout, or compliance information
satisfy ongoing monitoring or review requirements
maintain accurate payout details

AquaBay may require verification before allowing listing, selling, payout, or continued use of the platform.

AquaBay does not store or access sensitive identity documents submitted directly to third-party verification or payment providers except where required by law or platform operations.

AquaBay is not responsible for the decisions, delays, holds, declines, restrictions, verification requests, or other acts of third-party payment providers.

11. Marketplace Fees, Commissions, Charges, and Deductions

Sellers may be subject to marketplace fees, commissions, transaction charges, subscription fees, membership fees, service fees, dispute-related charges, deductions, or other charges for the use of the platform.

Fee structures, commission rates, and applicable charges may be published on AquaBay’s pricing, membership, seller, or related pages.

By listing, selling, receiving payouts, or otherwise using paid marketplace features, sellers agree to pay all applicable fees and charges.

AquaBay reserves the right to:

modify fee structures
introduce new service or transaction fees
change commission rates
apply deductions permitted by policy or law
update pricing or membership arrangements from time to time

Any revised fee structure may apply to future transactions and services from the date it is published or from any later date stated by AquaBay.

12. Right to Withhold, Delay, Deduct, Restrict, or Recover Funds

To protect the platform, users, payment integrity, and marketplace safety, AquaBay reserves the right, to the extent permitted by law and payment provider rules, to take reasonable action in response to fraud risks, payment issues, policy breaches, legal concerns, or marketplace abuse.

Such action may include:

delaying or restricting seller payouts
requesting additional information or verification
placing temporary holds on payouts where available through the payment system
deducting applicable fees, refunds, reversals, or adjustments
cooperating with payment providers regarding disputes, chargebacks, reversals, or claims
recovering funds where transactions violate laws, policies, or payment rules
offsetting amounts owed to AquaBay where permitted

These actions may be taken where there is reasonable evidence or suspicion of:

fraudulent activity
suspicious transactions
chargebacks or payment disputes
policy violations
illegal or restricted listings
abuse of platform or payment systems
non-fulfilment
regulatory, compliance, or legal risk

AquaBay may share relevant transaction information with payment providers, banks, law enforcement agencies, regulators, or other authorities where necessary.

13. Seller Verification and Compliance Checks

To promote trust, safety, legal compliance, and payment integrity, sellers may be required to complete identity, business, address, age, or other compliance verification checks.

AquaBay may request information or documents directly or through service providers, including but not limited to:

proof of identity
proof of address
business registration details
compliance statements
licences or permits
category-specific or animal-related compliance evidence

Failure to complete requested verification or compliance checks may result in restricted platform access, listing removal, suspension, payout delay, or termination.

14. Prohibited Activities

Users must not engage in any activity that is unlawful, misleading, abusive, fraudulent, unsafe, or harmful to the marketplace, its users, animals, or the public.

Prohibited activities include, without limitation:

selling illegal, prohibited, restricted, endangered, invasive, or unlawfully sourced animals, plants, or goods
misrepresenting listings, items, status, legality, health, breed, species, age, condition, availability, dispatch time, or origin
attempting to complete transactions outside the platform to avoid marketplace fees or policies
sharing contact details or directing users off-platform for the purpose of fee avoidance
fraud, scams, deception, or attempted fraud
false delivery claims, false condition claims, or false refund claims
manipulation of reviews, ratings, or reputation systems
abusive, threatening, harassing, defamatory, discriminatory, or unlawful communications
creating multiple accounts to avoid restrictions or enforcement
unauthorised use of another user’s account
uploading unlawful, infringing, or misleading content
interference with the operation, security, or integrity of the platform
using bots, scraping tools, or automated systems without permission
activity that puts animal welfare, user safety, or legal compliance at risk

AquaBay may investigate any suspected breach and may take any action it considers appropriate.

15. Off-Platform Transactions and Fee Avoidance

All transactions for items listed on AquaBay must be completed through AquaBay using the approved platform processes and payment methods unless AquaBay expressly authorises otherwise.

Users must not attempt to bypass the platform in order to avoid marketplace fees, policies, oversight, protections, or controls.

Prohibited conduct includes, without limitation:

requesting or encouraging a buyer or seller to complete a transaction outside AquaBay
sharing personal contact details for the purpose of completing a sale off-platform
directing users to other websites, marketplaces, apps, social media channels, or messaging platforms to complete transactions
cancelling or altering listings in order to finalise a private sale
using platform communications to negotiate off-platform payment or fulfilment

AquaBay may monitor listings and communications for attempts to bypass the platform and may remove content, restrict accounts, suspend users, reverse privileges, or permanently terminate access for fee avoidance.

16. Animal and Pet Welfare

AquaBay supports responsible animal trade and animal welfare.

Sellers offering animals through the platform must comply with all applicable laws and regulations relating to the breeding, keeping, sale, advertising, transport, dispatch, and welfare of animals.

Animals must be kept, represented, packed, and transported in a manner that prioritises health and welfare.

Listings involving illegal, restricted, endangered, prohibited, or unlawfully traded species may be removed with or without notice.

AquaBay may take enforcement action where it considers that a listing, transaction, seller, or activity may create welfare, safety, public health, or legal risk.

17. Legal Compliance and Restricted Animals

All users must comply with all laws and regulations applicable to listing, selling, purchasing, transporting, possessing, keeping, receiving, or owning animals, plants, and related items through the platform.

Sellers are solely responsible for ensuring that any item listed is lawful to advertise, sell, possess, transport, export, import, or purchase.

This includes, without limitation, compliance with:

UK animal welfare legislation
wildlife and conservation laws
species protection laws
invasive species regulations
transportation and animal welfare standards
breeding, keeping, or selling licence requirements
local authority requirements
import and export controls
any other applicable legal or regulatory framework

Sellers must ensure that all necessary permits, licences, approvals, authorisations, and records are obtained before listing regulated animals or products.

AquaBay does not verify the legality of every listing and is not responsible for legal consequences arising from any listing, transaction, possession, sale, purchase, transport, ownership, or care of items sold through the platform.

Users are responsible for ensuring that they are legally permitted to buy, sell, own, keep, receive, or transport the relevant item.

18. Shipping, Delivery, Fulfilment, and Related Policies

Shipping and delivery arrangements are made directly between buyers and sellers.

Sellers are responsible for dispatch, packaging, courier selection, fulfilment, delivery performance, and shipping-related compliance.

Detailed rules relating to shipping, dispatch, tracking, livestock shipping, delivery locations, item not received issues, packaging, pre-orders, delivery methods, and related matters are set out in the AquaBay Shipping Policy.

The Shipping Policy forms part of these Terms and Conditions.

AquaBay is not responsible for delivery performance, courier acts or omissions, missed deliveries, incorrect addresses provided by users, or shipping-related losses except to the extent required by law.

19. Returns, Refunds, Replacements, and After-Sales Issues

Returns, refunds, replacements, damaged item handling, and after-sales matters are governed by the applicable AquaBay Returns and Refund Policy, relevant category-specific policies, and any lawful seller terms consistent with platform rules.

AquaBay may set rules for when refunds or replacements are required, when return shipping is payable, what evidence must be provided, and what exclusions or exceptions apply, including livestock-related exceptions where permitted.

Unless AquaBay expressly states otherwise, AquaBay is not the seller and is not itself responsible for accepting returns or issuing refunds in place of the seller, although AquaBay reserves rights to enforce compliance with platform policies.

20. Live Animal, Livestock, and DOA Policies

Transactions involving live animals, live fish, livestock, and live plants may be subject to additional policies, including the AquaBay DOA (Dead on Arrival) Policy and any livestock shipping or welfare standards published by AquaBay.

Users must comply with all such policies.

The DOA Policy may set out, among other things:

reporting time limits
evidence requirements
approved proof standards
compensation methods
exclusions
buyer and seller duties
welfare-related handling conditions

Failure to comply with the DOA Policy may result in loss of eligibility for relief, claim rejection, enforcement action, or account consequences.

21. Pre-Orders and Future Availability Listings

Where an item is offered on a pre-order basis, sellers must clearly and prominently identify that status in accordance with AquaBay’s policies.

Sellers are responsible for ensuring that pre-order listings are not misleading and that stated dispatch or delivery timeframes are clear, accurate, and reasonably supportable.

AquaBay may remove or restrict pre-order listings that are unclear, misleading, excessively delayed, non-compliant, or otherwise inconsistent with platform policy.

22. Buyer Responsibility for Delivery, Tracking, and Receipt

Buyers are responsible for monitoring tracking, ensuring availability to receive deliveries, and providing a secure and accessible delivery address.

Deliveries confirmed by a courier to:

the buyer’s address
a safe place
a neighbour
a parcel locker
a reception desk
another authorised or courier-approved delivery location

may be treated as completed deliveries in accordance with the applicable policy.

If tracking confirms delivery, the buyer may be required to contact the courier directly to investigate delivery issues.

Failure by a buyer to receive, collect, or make suitable arrangements for delivery may affect eligibility for refunds, claims, guarantees, redelivery rights, or other remedies.

23. Livestock and Live Animal Buyer Responsibilities

Buyers purchasing live fish, livestock, or other live animals must ensure appropriate arrangements are in place before ordering.

Buyers are responsible for:

having suitable and lawful accommodation, enclosure, tank, equipment, filtration, heating, or environment ready where relevant
monitoring shipment tracking closely
being available to receive livestock deliveries promptly
collecting livestock shipments promptly where held by a courier
acclimating animals properly after arrival
following any seller instructions or category-specific policies
ensuring that they are capable of providing proper care and welfare after delivery

Failure to follow proper care, receipt, acclimation, or collection procedures may affect eligibility under the DOA Policy or any related claim process.

24. User Content, Reviews, Feedback, and Reputation Systems

Users may submit content including listings, photos, descriptions, reviews, ratings, comments, messages, feedback, and other materials.

By submitting content to AquaBay, the user grants AquaBay a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to use, host, store, reproduce, modify, adapt, publish, display, distribute, and otherwise make available that content for the operation, promotion, moderation, improvement, enforcement, and administration of the platform.

Users are solely responsible for the content they submit and warrant that they have the right to submit it.

AquaBay may remove, restrict, edit, refuse, or moderate content at its discretion.

Feedback and reviews must be honest, accurate, based on genuine experience, and not misleading or abusive.

Users must not:

post false or manipulated feedback
threaten negative feedback to force concessions
use feedback to harass or extort another user
manipulate ratings through multiple accounts or coordinated activity

AquaBay reserves the right to remove or restrict feedback or content it considers false, abusive, unlawful, defamatory, misleading, retaliatory, manipulative, or otherwise inappropriate.

25. Platform Monitoring, Investigations, and Cooperation

AquaBay may monitor listings, transactions, communications, user activity, content, and platform behaviour for safety, compliance, fraud prevention, quality control, legal compliance, and policy enforcement.

Monitoring may be carried out manually, automatically, or through third-party tools or providers.

Users acknowledge and agree that AquaBay may investigate suspected breaches of law, policy, or these Terms.

AquaBay may cooperate with:

payment providers
financial institutions
hosting and security providers
couriers
law enforcement authorities
regulators
local authorities
courts and legal representatives

where necessary or appropriate to investigate fraud, unlawful activity, animal welfare concerns, abuse, payment disputes, policy breaches, or security incidents.

Users agree to cooperate with reasonable requests made during such investigations.

26. Chargebacks, Payment Disputes, and Claims Abuse

Buyers should first attempt to resolve order issues directly with the seller in accordance with applicable policies.

Where a buyer initiates a chargeback, reversal, payment dispute, or financial claim, AquaBay may provide transaction records, communications, delivery records, policy information, and other relevant material to assist the investigation.

Users must not misuse chargeback or payment dispute procedures.

Repeated, abusive, dishonest, or manipulative use of chargebacks, payment disputes, or claims may result in restricted access, suspension, permanent removal, or other enforcement action.

AquaBay is not responsible for the decisions of payment providers or financial institutions.

27. Right to Remove Listings, Accounts, Content, Access, and Functionality

AquaBay reserves the right, at its sole discretion, to monitor, review, remove, restrict, disable, modify, reject, delist, suspend, terminate, or otherwise act upon any listing, account, user, content, communication, shop, image, description, feature, transaction, payment-related function, or activity on the platform.

This right may be exercised with or without notice and without obligation to provide a reason, subject to applicable law.

AquaBay may take such action where it believes, suspects, or determines that:

these Terms or any policy may have been breached
applicable laws or regulations may be breached
animal welfare or public safety concerns arise
fraud, abuse, deception, or manipulation may be occurring
a user, listing, or transaction poses a risk to the platform or other users
legal, regulatory, technical, operational, reputational, or security concerns require intervention
business reasons justify the action
the platform or any part of it needs to be limited, modified, or withdrawn

AquaBay is not responsible for any loss, inconvenience, cost, claim, liability, damage, or lost opportunity resulting from such actions.

28. Enforcement and Corrective Actions

Where AquaBay determines or suspects that a user has breached these Terms, policies, or applicable law, AquaBay may take any corrective or enforcement action it considers appropriate, including but not limited to:

issuing warnings
removing listings or content
limiting visibility
cancelling listings or transactions
restricting communications
restricting shop or account functionality
withholding access to features
delaying or restricting payouts
suspending accounts
permanently terminating platform access
reporting matters to payment providers, regulators, or authorities
preserving records for legal or compliance purposes

These measures may be applied immediately and with or without prior notice where necessary.

29. Service Availability, Suspension, Changes, and Platform Shutdown

AquaBay aims to provide reliable access to the platform but does not guarantee that the platform or any part of it will always be available, uninterrupted, secure, accurate, timely, or error-free.

Access to the platform may be limited, suspended, restricted, modified, withdrawn, or discontinued at any time, temporarily or permanently, with or without notice and with or without explanation, subject to applicable law.

Such events may occur for reasons including, without limitation:

maintenance
upgrades
technical failures
infrastructure issues
cyberattacks
security incidents
third-party outages
legal or regulatory requirements
operational changes
commercial decisions
insolvency events
business closure
force majeure events
any other reason AquaBay considers relevant

AquaBay reserves the right to cease business operations, discontinue marketplace services, withdraw categories, remove features, suspend trading activity, or shut down the platform at any time.

To the maximum extent permitted by law, AquaBay shall not be liable for any loss, damage, cost, inconvenience, interruption, claim, or liability arising from:

temporary or permanent platform unavailability
loss of access to accounts, content, listings, shops, or services
service suspension or modification
platform shutdown
discontinuation of business operations
interruption of marketplace activity
delayed or failed transactions
technical issues affecting listings, orders, or communications
loss of profits, loss of revenue, loss of business, loss of opportunity, loss of goodwill, loss of data, or other financial losses

Users use the platform at their own risk and acknowledge that AquaBay is not responsible for losses arising from service interruptions, closures, outages, or circumstances beyond AquaBay’s control.

30. Third-Party Services

The platform may depend on or integrate with third-party providers, including but not limited to payment processors, hosting providers, identity verification providers, messaging tools, couriers, software vendors, cloud services, analytics providers, and security providers.

AquaBay does not control and is not responsible for the performance, availability, actions, omissions, failures, delays, decisions, or policies of third-party providers.

Use of third-party services may be subject to separate third-party terms and policies.

31. Intellectual Property

All intellectual property rights in and to AquaBay, the platform, branding, logos, design, software, layout, databases, text, graphics, website structure, processes, and other platform content are owned by AquaBay or its licensors unless otherwise stated.

Users must not, without prior written consent:

copy
reproduce
republish
distribute
sell
license
reverse engineer
adapt
scrape
exploit
create derivative works from

any AquaBay intellectual property, software, content, or platform materials except as permitted by law.

Nothing in these Terms transfers any ownership rights to users.

32. Animal Health and Welfare Disclaimer

AquaBay supports responsible animal welfare and encourages sellers and buyers to ensure that animals are handled, transported, and cared for in accordance with applicable laws and recognised welfare standards.

However, AquaBay operates solely as an online marketplace and does not breed, own, inspect, keep, house, transport, handle, treat, quarantine, assess, certify, or medically examine animals listed on the platform.

Accordingly:

AquaBay does not guarantee the health, condition, temperament, suitability, quality, or legality of any animal listed by any seller
AquaBay does not verify the care standards, breeding practices, husbandry, facilities, feeding, genetics, disease status, quarantine status, medical history, or welfare practices of individual sellers
AquaBay is not responsible for the condition, illness, injury, mortality, behaviour, compatibility, or suitability of any animal before, during, or after the transaction or delivery
AquaBay is not responsible for the buyer’s ability to care for any purchased animal

Sellers are solely responsible for ensuring that animals listed for sale are lawfully kept, healthy enough for sale where represented as such, suitable for transport, and handled in compliance with animal welfare laws and regulations.

Buyers are solely responsible for ensuring that they can lawfully and properly house, care for, acclimate, and maintain any animal purchased.

Any claim relating to the health, condition, behaviour, injury, mortality, suitability, welfare, or care of an animal must be resolved directly between the buyer and the seller in accordance with applicable policies, including the DOA Policy where relevant.

To the maximum extent permitted by law, AquaBay shall not be liable for illness, injury, mortality, incompatibility, husbandry issues, or any other animal-related issue arising from a transaction conducted through the platform.

33. Responsible Animal Ownership

Users acknowledge that the purchase, sale, transport, and ownership of animals carry serious responsibilities relating to welfare, housing, compatibility, safety, legal compliance, and long-term care.

Buyers should research the requirements of any animal before purchase and ensure that suitable arrangements are in place before delivery or collection.

AquaBay may remove listings, restrict access, or take enforcement action where activity appears to endanger animal welfare, public safety, or legal compliance.

34. Limitation of Liability

To the maximum extent permitted by law, AquaBay shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or financial losses, damages, costs, or liabilities arising out of or in connection with:

use of or inability to use the platform
transactions between buyers and sellers
product quality, condition, description, legality, or suitability
animal health, welfare, behaviour, compatibility, or mortality
listing errors or omissions
service outages, shutdowns, interruptions, or technical issues
courier failures, delivery issues, delays, losses, or logistics problems
payment disputes, chargebacks, reversals, withheld funds, or provider decisions
account suspension, termination, listing removal, content removal, or enforcement actions
third-party service failures
loss of profits, business, revenue, contracts, data, goodwill, opportunity, or expected savings

Nothing in these Terms excludes or limits liability where exclusion or limitation is not permitted by applicable law.

35. Indemnity

Users agree to indemnify, defend, and hold harmless AquaBay, its owners, operators, affiliates, officers, employees, agents, contractors, service providers, and licensors from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or in connection with:

breach of these Terms or any policy
misuse of the platform
breach of applicable law or regulation
any listing, sale, purchase, shipment, animal-related issue, or transaction involving the user
infringement of third-party rights
disputes between users
fraud, abuse, or unlawful conduct by the user

36. Force Majeure

AquaBay shall not be liable for any failure, delay, interruption, suspension, restriction, or inability to perform resulting from events beyond its reasonable control, including but not limited to:

acts of God
natural disasters
flood, fire, storm, or severe weather
war, terrorism, civil unrest, or riot
pandemic or epidemic
labour disputes
government action
legal or regulatory restrictions
power outages
internet or telecommunications failures
cyberattacks or security incidents
third-party system failures
transport disruptions
supply chain failures
business interruption events

37. Entire Agreement and Severability

These Terms and Conditions, together with all applicable policies and referenced documents, constitute the entire agreement between the user and AquaBay regarding use of the platform and supersede any previous discussions, statements, or understandings relating to the same subject matter.

If any provision of these Terms is found by a court or competent authority to be invalid, unlawful, or unenforceable, that provision shall be severed to the minimum extent necessary and the remaining provisions shall remain in full force and effect.

38. No Waiver

Failure by AquaBay to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Any waiver must be in writing to be effective.

39. Changes to These Terms

AquaBay may amend, update, replace, or revise these Terms and Conditions at any time.

The updated version will be published on the website with a revised effective date or last updated date.

Continued access to or use of the platform after changes are published constitutes acceptance of the revised Terms.

Users are responsible for checking the current Terms and applicable policies regularly.

40. Governing Law and Jurisdiction

These Terms and Conditions, their subject matter, and any dispute or claim arising out of or in connection with them, their formation, or the use of the platform shall be governed by and construed in accordance with the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms or the use of the platform, except where applicable law provides otherwise.

41. Contact

For questions regarding these Terms and Conditions or any AquaBay policy, users should contact AquaBay through the contact form available on the website or via email.