This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.Dailyfish.in (hereinafter referred to as "Website" or “Daily Fish”) is owned by Baby Marine Seafood Retail Pvt Limited a company incorporated under the Companies Act, 1956 with its registered office at 6th Floor, Compass Commercial Complex, Chakkaraparamb, NH Bypass, Cochin 682032, Kerala (India) (hereinafter referred to as THE COMPANY). In the paragraphs below Daily Fish website & Baby Marine Seafood Retail Pvt Limited is referred to as Daily Fish or The Company or as Daily Fish/The Company.
As a visitor to the Site/ Customer you are advised to please read this Terms and Conditions carefully.
At the time of signup and thereafter you hereby agree to and therefore signify your acceptance and no-objection to ALL the terms and conditions of use of the website www.Dailyfish.in which is wholly owned, operated and managed by The Company as given hereunder:
- Website Ownership and Content
- This Website is solely and exclusively owned and operated by Baby Marine Seafood Retail Private Limited, ("THE COMPANY"). Baby Marine Seafood Retail Pvt Limited is the Original Owner and Author of the Website www.Dailyfish.in and of all the copyrights, trademarks, brand names, photographs, recipes, value added products, videos, blogs, graphics, audios, animations, name Fish Coin, animated / digital character(s), logos and other intellectual property rights incidental or consequential therein. The materials and services provided for and depicted on the website are the sole properties of THE COMPANY.
- All text, graphics, video, data or other content on the website (hereinafter referred to as " Content") is provided to you by The Company for the sole purpose of using the Services. The Content may be modified from time to time by The Company at its sole discretion.
- No material from the Website should be copied, saved, reproduced, republished, uploaded, posted, transmitted or distributed in any way (including but not limited to printing, presentation, re-use in graphics, videos).
- Modification of the materials or use of the materials published on the website for any other purpose is not permissible and will be construed as a violation of copyright and other proprietary rights by you.
- The use of any such material on any other Website or networked computer environment is strictly prohibited and is liable for civil, criminal or other legal proceedings.
- Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logos, brand name, copyright, service marks and trade name associated with "Daily Fish" are the sole and exclusive property of The Company.
- You must not use the services provided by The Company or the website www.Dailyfish.in for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content of their land.
- You must not use the services provided by The Company or the website www.Dailyfish.in to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights of others. The Website www.Dailyfish.in, the copyrights, trade mark, logo, trade name, brand name and other intellectual property rights now existing or that may arise/accrue in future to from the website www.Dailyfish.in and the Contents thereof are the sole and exclusive ownership and property of The Company and website www.Dailyfish.in and are protected by applicable copyright, trademark and other intellectual property laws of India.
- Except as expressly authorized herein, you shall not modify, license, assign, sell, distribute, reproduce, transmit, display, publish, broadcast, circulate, disseminate, commercially exploit or create derivative works based on the Website, the Service or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent.
- Use of the Website or the Content in violation of these Terms and conditions of use, or any applicable law, rule or regulation, or the rights of any third party is strictly prohibited and any act to the contrary shall be entirely at your own risk, costs and consequences thereof.
- You agree, declare and confirm not to use the Website or the Content for any unlawful, fraudulent or immoral purposes and further to comply with any and all requests from The Company to protect our respective rights of the Website and the Content therein.
- We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Website and the Content for any commercial purpose except for those expressly authorized by us and therein.
- We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website. In the event that you download any software or other form of digital contents from the Website, the software and any related files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") shall always be the ownership and property of The Company and The Company retains full and complete title to the Software, and all intellectual property rights therein.
- In the event you become aware of any infringement of any intellectual property rights of The Company or any action against or proceeding against The Company, you shall forthwith in good faith inform The Company of the same.
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
- User Registration and Account Profile
- You confirm that you are of the age of 18 or above and of sound disposing mind; and have accessed the Website voluntarily with full knowledge and notice of the terms and conditions of use, its binding nature and consequences of such breach.
- The Company shall, from time to time provide you with exclusive user names, passwords and/or other unique identifiers ("User Codes") to enable you to access and use the Website.
- You shall be liable and responsible for the security and confidentiality of the User Codes and agree not to disclose them to any third party.
- You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used.
- The Company shall not be liable or responsible for any breach of security caused by your failure to maintain the confidentiality and/or security of any of the User Codes.
- If you create a login and apply for an account, you must provide correct, accurate and complete registration information, and you are responsible for any activity that occurs under your identity/login ID. The Company is not responsible for unsatisfactory delivery or unavailability of service caused by inaccurate registration information.
- You agree and confirm to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you become aware and have knowledge that the confidentiality or security of any or all of the User Codes has been compromised in any way or unauthorized access to and/or use of the Website.
- The Company assumes that all information provided by the users/account holders at the time of signup as well as changes and updating of profile is correct and true in nature and any bogus registration or use of account.
- We reserve the right to revoke or modify the User Codes at any time without prior notice. The Company reserves the right to refuse registration and deny creation of an Account and associated User ID and Password to any User at its sole discretion.
- The sole discretion of termination and suspension of any account and the refusal of service to any person or account holder lies with the website (www.Dailyfish.in) and The Company. It can do the same either by giving or without giving a notice to the user/account holder in advance.
- You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity. The Company reserves the right to legally proceed and file criminal charges against any such breach.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means. The Company reserves the right to legally proceed and file criminal charges against any such breach.
- Scope of Service
- Payment & Shipping Terms
- You agree and undertake that you are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website.
- While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
- Any third party technical issues leading to such failure.
All payments made against the purchases/services on this Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
We may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Use of the online payment facility shall not render Daily Fish / The Company liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website. You understand, accept and agree that the online payment facility provided on this website by Daily Fish / The Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, Sodexo Meals Coupon and any other food/gift coupons (in case it is available in future), Card on Delivery or Online transaction facility on this website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Daily Fish/The Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction.
Daily Fish / The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties associated with it for any sales or services through this website. The address at which delivery of the product ordered by you are to be made should be correct and proper in all respects. After the receipt of payment from you Daily Fish/The Company shall arrange for the delivery of the product to the recipient at the shipping address provided by the Buyer.
- All the products displayed on www.Dailyfish.in website are inclusive of shipping & delivery costs along with eligible taxes levied. However, The Company reserves the right to amend this clause any time by adding delivery charges / taxes as an additional element to the MRP.
- Any and all orders placed by you on this website are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway. Before placing an order you are advised to 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 items description.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Credit/ Debit Card holder for various reason including but not limited to: exceeded the preset limit, wrong / fraudulent usage of debit / credit cards/net banking that is decided by the concerned bank/Financial Institution from time to time.
Credit card /Debit Card / Net banking details:
You agree, understand and confirm that the credit card, Debit Card or net banking details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit card, Debit Card or net banking services which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card, Debit Card or net banking details to Daily Fish/The Company. Any misrepresentation / misuse of credit card, Debit Card or net banking account owned by somebody else for availing products or services on our website and any other fraudulent/misrepresentation of credit card, Debit Card or net banking information, you alone will be responsible for the same. The Company will have no responsibility for such misrepresentation/fraudulent usage of bank accounts / credit or debit card details.
- Reviews, Comments, Blogs & Social Media
Rewards & Discounts
- Daily Fish/The Company enables you to post your reviews, statements and comments on various products and Services featured on the Website, Facebook Page and any other Social Media platform and in respect of such a comment/article/blog/photographs/recipes/graphics/artwork, you grant Daily Fish/The Company and/or its affiliates the right and authority to use, reproduce, modify, adapt, delete, moderate, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media and to use the name, if any, that you submit in connection with such review or comment.
- By submitting ideas, comments, suggestions, documents, and/or proposals ("User Feedback") to www.Dailyfish.in/The Company through the website, on Daily Fish Facebook Page & on any other Social Media Platform, you agree to grant Daily Fish/The Company permission to use or disclose (or choose not to use or disclose) without any restriction or limitation, any such User Feedback for any purpose, in any way, in any media worldwide.
- In order to allow Daily Fish /The Company to use your User Feedback, you acknowledge and agree that: (a) Daily Fish/The Company is not under any obligation of confidentiality, express or implied, with respect to such User Feedback; (b) Daily Fish /The Company may have under consideration or in development something similar to such User Feedback already; and (c) you are not entitled to any compensation or reimbursement of any kind from Daily Fish /The Company under any circumstances for such User Feedback.
- Daily Fish / The Company will also have the right to edit / remove any comments from you that is not in the operational interest of The Company and gives an unsolicited negative or avoidable remarks. For any comments that you make in social media platforms which is unethical, discourteous and which can affect the reputation of Daily Fish/The Company, Daily Fish/The Company will have the right to take legal action against you as per the existing Information Technology and other related laws of India.
Your Representations and Warranties
- Daily Fish /The Company in its sole discretion at any time and with or without notice may offer / reduce or cancel incentives or promotions, shorten or extend / cut short the duration of any incentive or promotional program and/or terminate or modify any incentive or promotional program. The discounts and incentives available on the website are liable to change even within the check out/payment window period.
- All discounts being offered are the sole discretion of Daily Fish/The Company and any queries regarding the same is to be directed to The Company.
- The deals, offers, discounts etc. offered to one user/account holder will be in the name of the person registered at the time of signup and cannot be used, sold, transferred, or in any way distributed to other account holders or to anyone else in general. Misuse /fraudulent use of coupons / discounts / incentives is liable to prosecution.
- You hereby represent and warrant to Daily Fish /The Company that:
- You are the person to whom the User Codes used to access the Website were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is correct accurate and complete, and you take sole responsibility to update such information and as when necessary, or
- You are accessing the Website on behalf of The Company or organization to whom the User Codes you used to access the Website were issued by us;
- You authorize Daily Fish /The Company to verify this information, and Daily Fish /The Company at its sole discretion, may prosecute users for any incorrect information or any misrepresentation.
Daily Fish /The Company is committed to safeguarding your privacy and upholding the highest levels of information security. To that end, we adhere to the strictest consumer privacy guidelines and protect any information you provide to and through our website. Any information provided to Daily Fish /The Company (in course of user of services) is not shared with any other third party except in cases wherein such information sharing becomes necessary to provide a particular service. For example customer details are needed to be shared with the logistics service provider to or process an order and delivery service provider for delivery the product.
- Daily Fish /The Company may use your personal information for the following purposes:
- To convey your order you have selected or for rendering any other services, by providing your name address and contact phone number to the service provider (For example, payment related services, logistics service, delivery service etc.)
- To provide you with information / timely updates about the services of the Daily Fish//The Company
- To provide services which Registered Users are entitled to under applicable terms and conditions
- To produce aggregate statistical data for the improvement of services offered by Daily Fish /The Company
- To use the aggregate statistical data for promotional purposes,
- For any other purposes related to those above.
- Daily Fish /The Company is dedicated to maintain the privacy of the users/account holders with respect to all the necessary information given at the time of registration and thereafter. However, you will provide the same at your own risk and the website or its owners will not be in any way held responsible for any misuse or duplication of data provided therein for any reason by any third party. By providing the information as prescribed in the registration form and thereafter, you also consent to the tabulation, storage and use of the above data by the website for sending offers, information and deals, promotional contents etc in the future via emails, sms, telephonically and posts and sharing of the information to other sister concerns of Daily Fish/The Company for their benefit.
- Daily Fish / The Company shall not be liable or responsible for any special or consequential damages that may result from the use of, or the inability to use, the materials on their Website www.Dailyfish.in
- In no event shall Daily Fish / The Company have any liability to you or others for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this Website.
- You declare and confirm that you are accessing www.Dailyfish.in / The Company voluntarily and entirely at your own risk and consequences incidental or consequential to such use.
- You acknowledge and agree that Daily Fish/The Company neither endorses the content of advertisements or third parties web content, nor shall it be responsible or liable for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime committed thereby.
- Neither Daily Fish/The Company nor any of its officers or employees shall be liable or responsible for any direct, indirect, incidental, special or consequential damages arising out of or relating to these Terms and conditions of use, resulting from the use or the inability to use the Website services or resulting from any services provided by Daily Fish /The Company or any messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of users transmissions or data.
- In no event or circumstances shall Daily Fish / The Company be held liable or responsible for any delay, failure, default or disruption of the contents or services delivered through the Website to you.
- Daily Fish / The Company or its officers or employees shall not in any manner be responsible for any force majeure event, act of God or any circumstances beyond its control as set out hereinafter which hinder your free and full access to the Website and or its services.
- Neither Daily Fish//The Company nor shall its employees be held liable or responsible for any information displayed by it or for updating any such information.
- Daily Fish/The Company is not liable and responsible for any claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever arriving out of and as a result of reviews posted on the website www.Dailyfish.in regarding establishments as the website only provides a platform for users to express their opinions and these under no circumstance are views of Daily Fish/The Company, its affiliates, officers, employees, agents, partners and licensors.
- A. You agree to indemnify and do hereby keep indemnified, safe and harmless Daily Fish/ The Company, its successors and assigns of from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever suffered or sustained by Daily Fish/The Company due to :
Daily Fish /The Company shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
- Your breach of any terms or conditions of use or your representations and warranties contained in these Terms and conditions of use,
- Your access to and/or use of the Website and/or the Content
- Any act, deed, matter or thing which shall or may constitute an infringement of the copyright, trademark or any other intellectual property rights of any third party;
- Any bogus or false orders placed by you or any third party using your used ID and password,
- Any false, incorrect or misleading information provided by you to Daily Fish/The Company as to your name, e-mail address. Address, mobile number etc
- Any disclosure of information, user Id, password made by you to any third party.
Modification and Updating Termination
- The use or the inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website;
- Any shortcoming / error with respect to any information or Services purchased or obtained from a User or a third-party content provider through Daily Fish/The Company;
- Unauthorized access by third parties to data or private information of any User;
- Statements or conduct of any User of the Website; or
- authenticity, availability, suitability, reliability, accuracy of the information, software, Services, content, etc;
Daily Fish /The Company reserves the right in its sole discretion at any time and for any reason with or without prior notice to you to (a) modify or discontinue, in whole or in part, any portion of the Website, the Content, hours of availability and/or your access to the Website, and (b) to modify, amend and alter these Terms and conditions of use. These terms and conditions of Use (as may be revised from time to time as described herein) are valid, subsisting and binding upon you and, unless otherwise expressly stated in these Terms and conditions of use, will survive the termination of your access to, and use of, the Website. Daily Fish /The Company may refuse, restrict, suspend or terminate your Account or services provided to you at any time, at its sole discretion without notice or suspend your Account until verification of the information you provided is complete without liability to you or any other party. Daily Fish/The Company may take technical action to block you from visiting the Website if it has reasons to believe or notice that you have violated or committed breach of any of the terms and conditions of use. Daily Fish /The Company shall in cases of suspected abuse, fraud, or violation make such rules and take such decisions relating to termination of membership as shall be final and binding on you. Should you object to any of the Terms and conditions of use, or any subsequent modifications thereto, your only recourse is to immediately discontinue participation in the Website and properly terminate your membership with Daily Fish/The Company and you agree, confirm and undertake not to raise any dispute in respect of the same Pricing All the products listed on this Website 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. Prices of some of the products mentioned in this website can fluctuate on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order. Daily Fish/The Company reserves every right to change the prices mentioned in the website whenever required.
- Return & Refunds We have a simple return policy which entitles all our customers to return the product at the time of delivery or within a period of 24 hours therefrom, if due to some reason they are not satisfied with the quality or freshness of the product or services from The Company. For product quality related matters, we will take the returned product back and issue another set of the same product if available. If the customer is not willing to accept the product again, a credit into your E-Account (Wallet) for the same amount will be made which can be used for your future purchases at Daily Fish. Company reserves the right to decide upon the return policy and can withdraw/modify the policy at any given time without any prior notice. Any misuse of the Return Policy will not be entertained and suitable action will be taken thereupon.
- Service Related Matters: For service related matters, customers can raise a complaint/suggestion/feedback in the call centre number given for your location, on our website or can alternatively write to our Grievance Officer, whose email ID is provided at the end of this document. Customer can do the same for any unacceptable service from any of the Daily Fish/The Company staff, including but not limited to that of delivery boys, sales executives, promoters etc.
- Cancellation of your order/service by Daily Fish/The Company/the Customer: At any given time, Daily Fish/The Company will have full right to cancel your order by giving or not giving a reason for the same. You as a customer can also cancel your order anytime up to the cut-off time which will vary for every delivery slot and will be mentioned in our website. If there is a payment already made by you online, we will refund the money to your e-account (wallet) of Daily Fish/The Company. You can use the amount in your E Account (Wallet) for future purchases from Daily Fish/The Company. For online payments made, for cancelled cases, the payment will not be credited back to your bank account or paid to you by cash or any other means of currency. The payment cannot be used for purchasing any other item online from any other associated website or from any third party online platforms. For cancellations placed after the given cut off time, no payment is refundable to you. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion would cancel such orders. We will maintain a negative list of all fraudulent transactions, customers and would deny access to them or cancel any orders placed by them.
- Governing Laws, Jurisdiction and Dispute Resolution
- This Agreement shall be governed by and construed in accordance with the laws of India
- The competent Courts at Ernakulam, Kerala, India shall have the sole and exclusive Jurisdiction to try and entertain all disputes arising between the parties hereunder.
- Any or all differences, disputes, non-compliance or non-payment arising out of these presents or interpretation thereof shall be firstly resolved amicably by the parties, within a period of 30 days from the date of receipt of notice by either Party from the other Party of any such dispute or difference.
- In the event the Parties fail to amicably settle and resolve the dispute/s or differences/ that may have arisen between them within a period of 45 days from the date of reference, any and all such claims, disputes, questions, controversies, differences, non-payment or non-compliance involving any of the Parties in respect of or concerning or connected with these presents or its interpretation or implementation, or any clause or provision hereof, including related to the execution, validity, performance or breach or relating to the termination hereof (collectively referred to as "Disputes"), shall be referred to Arbitration in accordance with the terms of Arbitration stated below
- The arbitral tribunal shall constitute of the sole arbitrator appointed by Daily Fish/The Company. The Arbitration proceedings shall be commenced and prosecuted in accordance with the provisions of the Arbitration and Conciliation Act,1996 (Arbitration Act) of Government of India and the rules made thereunder, as may be amended from time to time or its re-enactment in force. The Arbitral Tribunal shall be appointed in the manner provided in the Arbitration Act.
- The place of arbitration and the seat of arbitral proceedings shall be at Ernakulam, India. Any arbitral proceedings pursuant to any reference made under this Agreement shall be conducted in English language. The decision of the arbitral tribunal and any award given by the arbitral tribunal shall be final and binding upon the Parties.
- Notwithstanding the existence of any disputes between the Parties which is referred to the process of amicable resolution or, arbitration as the case may be, the parties during the pendency of the process of amicable resolution or, arbitration as the case may be, shall respectively continue to act on matters under this Agreement which are not the subject matter of the dispute or difference as if no such dispute or difference had arisen.
This Website is the ownership of Daily Fish/The Company and Daily Fish/The Company makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information provided, the contents, materials, or products included in this Website or the quality of the products, timely delivery/execution of orders listed on the Website or Prices. To the full extent permissible by applicable law, Daily Fish /The Company disclaims all warranties express or implied, including, but not limited to the warranties of quality, service on fitness for a particular purpose. Daily Fish/The Company will not be liable for any damages of any kind arising from the use of this Website, or products acquired through this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Pricing on this Website may be subject to change without notice.
- Perishable products like Fish shown here are indicative. We do our best to give better result than shown. It may be possible that actual arrangement varies due to availability and other reasons beyond our control. However, we always ensure full or higher value to our customers.
For orders in which problem arises owing to the mistake of the user e.g. wrong address or incomplete information or recipient not reachable, no refund will be given. Redelivery charges, if any, will be borne by the user. The user agrees to give the correct information, which is true and authentic. We reserve the right to confirm the information provided by the user. We do try to deliver well within your mentioned date and time. Though we deliver on the date we promise, the time may vary based on the availability of the receiver, our service in your area and other unforeseen circumstances. We have pre-decided locations where our sale / delivery will be done. Daily Fish / The Company has the right to decide on the locations / pin codes where we will be selling/ delivering our products. Daily Fish/The Company do not guarantee sale / delivery of our products in your area. Delivery can also be delayed for lack of transportation, non availability of stock etc. Daily Fish / The Company do not guarantee the availability of the products / services at your date, time or place due to various reasons including but not limited to, non availability of stock, non service areas etc. Daily Fish/The Company has strict quality processes for our products in our factories and do not add any chemicals or preservatives to our products. The product sold on www.Dailyfish.in are meant for consumption of general public, if you are suffering from allergy to our product or any ingredients that comes naturally or goes into manufacturing our product, we request you to consult your physician before consuming the same. Daily Fish/The Company will not be held liable for any damage/loss/physical harm/mental harm/serious medical condition caused due consumption of the product sold on our website or ordered through telephonic order service or directly bought from an outlet/shop. Products sold by Daily Fish / The Company on the website are strictly meant to be consumed in moderation, and Daily Fish /The Company will not be held responsible by any means for any mental or physical damage or loss of life or failure of any or all organ/s in the body due to over consumption of the products. Fish and other food items by nature is a perishable item and owing to this characteristic we request you to check the expiry on the packet of our product date before consumption. In case if an expired product is consumed, Daily Fish/The Company will not be held liable for any damage or loss caused to mental and physical health of the individual/s owing to such negligence. IMPORTANT
- Daily Fish/The Company shall endeavor to dispatch/deliver your order within 24 hours post confirmation of the order placed by the customer and depending on the destination city or town. However, for unforeseen circumstances the schedule can go beyond 1 day and we will try all our best to keep our customers abreast about the same. And also for the products, which require usage of rare elements for manufacturing them and or International shipment, time will vary.
- You agree and declare to comply with any and all rules, restrictions and disclaimers that are posted on the Website. All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices.
- Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
- You agree and confirm to abide by the terms and conditions of use of this Website and you shall affix your digital signature as acceptance of the terms and conditions of use by affirmatively "clicking" on boxes containing the words "I Accept," "I Agree" “Submit” or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature at the time of registration and subsequently at the time of any transaction.
- These terms and conditions of use represent the complete and exclusive agreement and understanding between you and Daily Fish / The Company regarding your rights to access the Website and to use the Content, and supersedes all agreements, writings, understandings which you may have with, and all representations (whether written or oral), regarding such subject matter.
- Should any term or provision of these terms and conditions of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.
- Daily Fish’s failure to insist at any time upon strict compliance with any term of these Terms and conditions of use, or any delay or failure on our part to exercise any power or right given to us in these Terms and conditions of use, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise.
- All rights and remedies given to us in this Terms and conditions of use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law, equity or under this Agreement.
- The terms and conditions of Use will be binding upon you and your successors-in -title and assigns.
- Any and all headings in the text of these Terms and conditions of use are solely for convenience or reference and do not constitute a part of these Terms and conditions of use, nor do they affect the meaning, construction or effect of these Terms and conditions of use.
- The terms "including" and "includes" as used in these terms and conditions of use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to."
- Daily Fish / The Company may assign or delegate its rights, duties or obligations under these Terms and conditions of use without your prior consent. However, you shall not assign or transfer your membership or user id to a third party without the prior written consent of Daily Fish / The Company.
- These Terms and conditions of use are in addition to, and do not nullify, any other agreement between you and Daily Fish / The Company governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website.
- Force Majeure - Neither Daily Fish/ The Company nor any of our affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism, actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, hartals, bandhs and theft, (each, a "Force Majeure Event"). All of our obligations with respect to the effected elements under these Terms and conditions of use will be suspended for the duration of such Force Majeure Event.
- By electronically indicating your agreement to these Terms and conditions of use or accessing the Website or using any of the Content after you have had an opportunity to review these Terms and conditions of use, you acknowledge and agree:
You agree and declare to comply with any and all rules, restrictions and disclaimers that are posted on the Website. All materials on the Website are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.Contact
- That you and, where applicable, The Company or organization on whose behalf we grant you access to the Website intend to form a legally binding contract between you and Daily Fish / The Company;
- That you have read and understood the contents of and agree to the terms and conditions of Use;
- That you agree and intend that these Terms and conditions of use be the legal equivalent of signed, written contracts, and equally binding;
- That by electronically agreeing to these Terms and conditions of use, you acknowledge that you have received a copy of these Terms and conditions of use by your viewing a web page containing a hyperlink to the web page where these Terms and conditions of use are displayed or otherwise; and
- That if you are executing these Terms and conditions of use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website. In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Grievance officer: Jayaraj K Nair, Baby Marine Seafood Retail Pvt Limited, at 6th Floor, Compass Commercial Complex, Chakkaraparamb, NH Bypass, Cochin 682032, Kerala (India). Tel: 04844280000. E Mail: customercare@Dailyfish.in