Ace Sea Foods Private Limited ("Pescafresh") is the licensed owner of the brand pescafresh.com. As a visitor to the Site/ customer you are advised to please read the Term & Conditions carefully. By accessing the services provided by the Site you agree to the terms provided in this Terms & Conditions documents. If you do not agree with these Terms & Conditions (including any document referred herein), we request you to forthwith terminate your use of the Site.
You acknowledge and undertake that you are accessing the services on the Site and transacting at your own risk and are using your best and prudent judgement before entering into any transactions.
Pescafresh may at any time modify the Terms & Conditions of use of the Site without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of this Site.
As part of the registration process on the Site, Pescafresh may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited
License & Site access
Pescafresh grants you a non-exclusive limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ace. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pescafresh. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Pescafresh and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Sites or Pescafreshs name or trademarks without the express written consent of Pescafresh. Any unauthorized use terminates the permission or license granted by Pescafresh.
Account & Registration Obligations
All customers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the customer agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "_______" or by contacting the customer service.
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
All product pricingis subject to change at any time without notice, at the sole discretion of Pescafresh, without any notice to customer whatsoever.
Pescafresh shall not provide any form of credit to the customer for the purposes of the products.
Pescafresh shall be entitled to charge the customer with late payment charges in case of any delay in making payment.
Pescafresh shall deliver its products only to the following cities _Mumbai and delivery areas or pincodes as displayed in the search option Pescafresh may charge the customer such delivery charges, as maybe determined by Pescafresh from time to time along with the applicable taxes.
Pescafresh shall not be liable for any delay in delivering products to the customer. Pescafresh shall endeavour to keep the customer updated regarding any delay in delivery.
The customer shall inspect the products immediately upon the delivery and accept the goods after being satisfied with the same. Once the products are accepted, the customer shall be liable to be pay for the same
Use of Products
The products purchased by the you from Pescafresh are strictly for your personal consumption. You shall not, directly or indirectly, rebrand, re-sell, redistribute or repack the products, in whole or in part.
You shall at all times follow the instructions provided by Pescafresh on the packaging or other accompanying brochures with respect of the products including but not limited to refrigeration and storage of the products.
Pescafresh make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
Whilst we endeavor to keep the data/information up to date and correct, there is no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance on such information is therefore strictly at your own risk.
The products supplied shall be as per the specifications/quality prescribed by Pescafresh. For this purpose, the Pescafreshs laboratory record/ certificate of quality shall be the basis. In no event will Pescafresh be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Site.
All descriptions of products are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Cancellation Returns and Refund
Any order placed by the customer once accepted by Pescafresh, shall be deemed to be final and such order cannot be cancelled in any circumstances.
A customer shall not be entitled to return any product which has been delivered to the customer for any reason whatsoever.
The customer acknowledges and agrees that no refund shall be payable by Pescafresh to the customer under any circumstances.
All products are guaranteed to be up to standard. No claims will be recognized unless notified in writing within 2 hours after receipt of goods. Pescafresh reserves the right to deal with such goods in the best possible manner. The decision of Pescafresh will be final.
You Agree and Confirm:
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Pescafresh for redelivery shall be claimed from you.
That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Pescafresh reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the services and / or other affiliated websites without prior intimation whatsoever.
You authorise Pescafresh to contact you for any transactional purposes related to your order/account.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colours of our products that appear on the Site as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.
Pescafreshshall not be held to be liable responsible for any breach, cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, pandemic, flood, fire, storm, natural disaster, terrorist action, lockdown conditions, armed conflict, labor strike, lockout or any other act of God.
Governing Law and Jurisdiction
This Terms & Conditions shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this Terms & Conditions.Any dispute or difference either in interpretation or otherwise, of any terms of this Terms & Conditionsbetween the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Pescafresh and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction. This Terms & Conditionsshall be governed by the law of India.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of Pescafresh. Such disclosure, submission or offer of any Comments shall constitute an assignment to Pescafresh of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Pescafresh owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Pescafresh will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Pescafresh is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".Please note all reviews submitted by customers are subject to checks and moderation by our content Team. Pescafresh reserves the rights to moderate as well as publish/not publish the reviews. Pescafresh reserves the rights to solicit or withhold reviews and ratings with no liability. Pescafresh reserve the right to accept, reject, moderate, monitor & edit or remove any comment. You grant Pescafresh the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify Pescafresh and its affiliates for all claims resulting from any Comments you submit. Pescafresh and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
Pescafresh, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Pescafresh or any third party's intellectual property rights. All rights, including copyright, in this Site are owned by Pescafresh. Any use of this Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Pescafresh. You may not modify, distribute or re-post anything on this Site for any purpose.The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Pescafresh its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Pescafreshs endorsement, sponsorship or recommendation of the third party, information, product or service. Pescafresh is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Pescafresh or its licensors and suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Pescafresh, one of its affiliates or by third parties who have licensed their materials to Pescafresh and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Pescafresh and is also protected by Indian and international copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Pescafresh and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Pescafresh, its employees, directors, officers, delivery partners, agents and their successors and assigns from and against any and all claims, liabilities, damages, fines, penalties, surcharges, interest, losses, costs and expenses, including attorneys fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this Terms & Conditions, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry or termination of this Terms & Conditions.
Limitation of Liability
The aggregate liability of the Pescafresh, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money received from a user/ customer for purchases made pursuant to an order under which such liability has arisen and been established.
It is acknowledged and agreed that notwithstanding anything to the contrary, Pescafresh shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
This Terms & Conditionsis effective unless and until terminated by either you or Pescafresh. You may terminate this Terms & Conditionsat any time, provided that you discontinue any further use of this Site. Pescafresh may terminate this Terms & Conditionsat any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Pescafresh. Upon any termination of the Terms & Conditions by either you or Pescafresh, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms & Conditionsor otherwise. Pescafresh right to any Comments shall survive any termination of this Terms & Conditions. Any such termination of the Terms & Conditionsshall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms & Conditions.