EDEN ISLAND TRADING 576CC T/A FISHTEC
STANDARD TERMS AND CONDITIONS FOR FISHTEC FISHING CHARTS
Updated – June 2025
THE TERMS AND CONDITIONS SET FORTH BELOW CONSTITUTE THE ENTIRE AGREEMENT BETWEEN FISHTEC AND THE CUSTOMER (LICENSEE) CONCERNING THE PURCHASE AND USE OF FISHTEC HD FISHING CHARTS.
ANY HEADINGS USED IN THIS AGREEMENT ARE PROVIDED FOR CONVENIENCE ONLY AND SHALL NOT NECESSARILY BE USED TO CONSTRUE MEANING OR INTENT.
Definitions:
“Customer” or “Licensee” will, for the purpose of this agreement, refer meaning to – you, the buyer, intended purchaser, or licensed owner of FishTec HD Fishing Charts.
“Customer Order” – a chart order placed with FishTec by any private person or authorised reseller with the intent to purchase charts from FishTec.
“FishTec reseller” is a person or company authorised to sell a FishTec product to customers for profit.
1. CUSTOMER ORDER: The Customer accepts a FishTec or FishTec Reseller invoice/offer to sell by making payment in full to confirm the customer order.
The Customer shall be deemed to unconditionally accept these terms and conditions by making payment to FishTec or a FishTec reseller in acceptance of a customer order.
2. PRICE: Pricing supplied to the customer may be based on FishTec or FishTec Reseller’s websites or social media (errors and omissions accepted), verbal and/or digital Quotations/Invoices. Delivery is charged for separately unless otherwise indicated.
3. PAYMENT TERMS: Payment is strictly EFT/bank transfer only, unless otherwise agreed to or stated by FishTec or FishTec resellers on their Websites or social media. All payments must be made in full to FishTec or FishTec resellers before any chart cards are built or dispatched to the customer.
4. SHIPPING AND DELIVERY: All FishTec charts will be sent to the Customer using a carrier service, unless otherwise arranged. All parcels shipped by FishTec are subject to our delivery terms.
Title and risk of total loss or damage to parcels shall pass to the Customer upon dispatch to the common carrier being either Postnet or a designated courier service. The carrier is not an agent of FishTec, and in no event shall FishTec accept any liability for the parcel during transit to the customer.
All parcels will be sent uninsured with the carrier service unless parcel insurance is expressly requested by the customer when confirming an order. Additional costs will apply.
FishTec accepts no liability for any delay in delivery or for failure to give notice of such a delay.
When purchasing through a FishTec Reseller, it is up to the customer to take note of the FishTec reseller’s shipping and delivery terms and conditions.
5. CANCELLATION OF ORDERS: Should a Customer Order be cancelled once payment or proof of payment has been received by FishTec, any refunds allowed may be subject to banking fees and an administration charge.
Cancellations may only be accepted on orders that have not yet been released to a carrier service.
6. RETURNS: Due to the nature of the product, FishTec cannot accept any returns unless, within 7 days of receipt of the chart card, the customer reports to FishTec in writing that the chart card is not working as it should.
Please contact FishTec by email or use the contact form on the website to report the issue and receive assistance to rule out potential user error.
Any suspected defective chart cards discovered within the 7-day allowance may be returned to FishTec for testing at the customer’s cost.
Only in the case of chart cards that, once tested by FishTec, are confirmed defective and the defect has not been caused by user error, unit compatibility issues, negligence or improper use, may FishTec, at our discretion, elect to replace the chart card or, in some cases, offer a refund on the chart card.
7. WARRANTY: FISHTEC MAKES NO WARRANTY AS TO THE RESULTS AND THE USE OF ANY CHARTS PROVIDED. FISHTEC DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE SUITABILITY OF FISHTEC CHARTS FOR A PARTICULAR PURPOSE OR USE.
8. LIMITATION OF LIABILITY. IN NO EVENT SHALL FISHTEC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST DATA, LOSS OF REVENUE, OR ANY OTHER INDIRECT DAMAGES, EVEN IF FISHTEC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF.
FishTec accepts no liability for chart cards that were not reported to us as faulty or having issues within the first 7 days following customer receipt of the chart card.
FishTec accepts no liability for any loss or corruption of data or damage to FishTec chart cards inserted into any data reading device other than a compatible Lowrance unit, whether in error or on purpose.
FishTec accepts no liability for any loss or corruption of data or damage to FishTec chart card/s should you or any other living person attempt to copy the encrypted chart card or write any information to the chart card on purpose or in error (includes Genesis Live and Wifi software updates writing files to the chart card).
FishTec accepts no liability for any loss or corruption of data on a FishTec chart card due to normal SD card “wear and tear” with regular use.
FishTec accepts no liability to replace or update any chart card/s that cannot be identified as FishTec chart cards or to replace any chart cards once the chart card has been dispatched to the customer and the allowed 7-day period has expired.
The responsibility lies solely with the customer to protect and care for the FishTec charts and to insure them against damage, loss, data corruption and wear and tear.
9. SOFTWARE / MEDIA: All FishTec Chart software delivered under this Agreement is subject to the license terms set out below. All software license terms are established directly between the Customer (Licensee) and FishTec, the rightful creator, owner and licensor of the chart media/software.
10. RESTRICTIONS AND CARD IDENTIFICATION: The Customer/Licensee shall not attempt to modify, copy, duplicate, reproduce, or sublicense the FishTec Chart Software / Media. Any such attempts will be considered illegal and an act of piracy, for which the offending customer may be prosecuted under the law.
The original licensee may resell their Fishtec Chart in a private capacity and transfer full ownership and license to a new customer. (Please see also, point 13).
Every FishTec Micro-SD card supplied to the customer can be identified by a painted edge. Any attempt to damage or remove this identifying characteristic will render any allowed warranties, updates and upgrades invalid.
11. CHART DATA PROTECTION: All FishTec Chart data is security encrypted.
Any FishTec chart SD card inserted into any electronic or media reading device other than a compatible Lowrance or Simrad unit may render the data on the SD card corrupted, invalidated or damaged.
Any attempt to copy, write to or make modifications to the SD card on which the chart data is supplied may render the data on the SD card corrupted, invalidated or damaged. This includes Genesis Live and software updates.
GENISIS LIVE, a mapping feature found under the “Overlay” menu of Lowrance units, is known to write data to any SD cards it detects in a Lowrance unit by default. To prevent damage or corruption to a FishTec chart by Genesis Live, this feature must be set to “OFF” before inserting a FishTec chart into a compatible unit.
FishTec chart cards must be removed from the unit BEFORE attempting to do a software update over WIFI.
FishTec accepts no liability for chart data that is corrupted, invalidated, lost or damaged due to negligence or user error on the part of the customer and which interferes with the integrity of the security encryption. Replacement of such corrupted or damaged chart card/s will require the customer to repurchase a new chart at the current retail price.
12. CUSTOMER RESPONSIBILITY: The responsibility rests with the customer/licensee to take the necessary precautions to protect and/or insure purchased FishTec charts against theft, loss, corruption or damage.
FishTec accepts no liability for replacing any FishTec chart cards that are corrupted, lost, stolen or damaged following a chart card purchase by the customer.
FishTec accepts no liability for unit compatibility issues should customers neglect to confirm a FishTec chart card is compatible with their unit prior to making a purchase.
13. RESELLING / TRANSFER OF OWNERSHIP/LICENCE: The purchased FishTec Charts on micro-SD are serialised and recorded by FishTec as the property of the original customer/licensee.
Should any sale or transfer of ownership take place between the original licensee and another person, the Terms and conditions of this agreement in their entirety, will automatically transfer to the new chart owner/licensee.
The new licensee will not have access to any future updates or upgrades unless proof of the purchase by the original customer/licensee can be verified.
It remains the responsibility of the seller/original customer to advise the new licensee to contact FishTec to log a transfer of ownership/licence as soon as possible, so FishTec records can be updated.
FishTec accepts no liability for the transfer of ownership/licence whereby FishTec had no knowledge of such, and FishTec records were not updated.
14. CHART UPDATES: Occasionally, updates may become available for FishTec charts.
FishTec will not inform customers individually of any available updates. Please visit our website www.fishtec.co.za, Facebook page or look out for social media announcements to check for updates. Customers are also welcome to contact FishTec periodically to make inquiries about available updates.
Any available chart updates will be FREE for 12 months from the date of a customer’s last/most recent chart card purchase to the value of R1150.00 or more.
Should a customer’s free update subscription have expired when an update becomes available for a chart the customer owns, the customer may elect to purchase a 12-month subscription renewal OR purchase a new chart to the value of R1150.00 or more to renew the update subscription. (See also point 14.3)
14.2 HOW TO GET CHART UPDATES:
Chart updates will only be made available to customers who have registered/recorded chart purchases with FishTec and have a valid update subscription. (See also point 14)
Any chart cards for which there are available updates must be working normally. NO corrupt, blank or damaged cards can be updated.
It is a requirement that the chart card/s be returned to FishTec for the facilitation of the updates.
Unless it is pre-arranged that the chart card update be facilitated in person at the FishTec premises in Westville, KZN, all shipping/carrier costs to facilitate the updates of the charts will be for the chart owner’s account.
Please contact FishTec to assist with facilitating a chart update.
14.3 SUBSCRIPTION RENEWALS FOR CHART UPDATES: When a customer’s 12-month subscription to available free updates expires (see also point 14), the customer may purchase a 12-month subscription renewal. This may be purchased at any time, and there is no obligation to purchase a subscription renewal on an annual basis.
Email sales@fishtec.co.za to make inquiries about your chart update subscription status.
15. FINAL AGREEMENT: This Agreement terminates and supersedes all prior understandings or agreements on the subject matter herein. This Agreement may, in the future, be modified without notification. The responsibility lies with the customer to stay updated on any future modifications to the FishTec terms and conditions by emailing sales@fishtec.co.za or visiting our website www.fishtec.co.za.
16. ACCEPTANCE OF THE AGREEMENT: The terms and conditions of this agreement shall be made effective immediately upon FishTec’s receipt of payment from the Customer. It shall be understood that the Customer has read and understands all the terms and conditions herein and agrees to adhere to such terms and conditions as they stand.
