Terms and conditions
Inventive Retail Traders Private Limited referred as IRTPL is the owner of the brand “DawnFish” and the website www.dawnfish.in, the DawnFish mobile application on Android & IOS devices. (together referred to as ”Platform”).
Customer Registration
The platform provides for registration process to serve its customer better and may now or in the future collect the following personally identifiable information to serve you better: a) Name including first and last name; b) email address; c) mobile phone numbers and contact address details; d) Postal Pin code; By completing the registration or placing an order, the Customer agrees to receive promotional and transactional communication, text messages, mobile notifications, phone calls and newsletters. The Customer can opt out by contacting the customer service at info@dawnfish.in. We will never sell or provide your information to third party companies or outside agencies for commercial purposes. However, the platform may contain links to other websites that we do not directly manage such as Google Analytics used to understand and optimize user’s behavior. IRTPL shall not be responsible for the privacy policies of such external web sites.
Who Can Sign Up ?
Any person can sign up for services provided if he or she is competent to enter a contract. Section 11 of the Indian Contract Act, 1872 specifies that every person is competent to contract provided he or she has attained the age of 18 years, is of sound mind and not disqualified from contracting by any other law to which he or she is subject to.
Terms of access to Platform
IRTPL grants customers limited access rights for personal use on this platform and not to download (other than page caching) or edit any portion of it. The access to this platform is for personal use of the Customer and not for any commercial use or to access its contents to collect and use of product listings, descriptions, or prices; any derivative use of this platform or any use of data mining, robots, or similar data gathering and extraction tools. No portions of this platform may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of IRTPL. Further no Customer is authorized to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information on the platform without express written consent of IRTPL. Any unauthorized use automatically terminates the permission granted by IRTPL
Customer Acceptance
I hereby agree upon: To pay extra cost claimed by IRTPL in the case of redelivery due to wrong name or address or any other wrong information provided while booking order. To use the platform to transact for lawful purposes in compliance with all applicable laws and regulation. To provide authentic and true information in all instances and authorize IRTPL to validate the information provided at any point to time and reject registration if any details are found to be untrue wholly or partly. To access the services made available on the platform and to purchase the products offered at my own risk after using best and prudent judgment as a well-informed Customer. That the delivery address provided is correct and proper in all respects. That the product descriptions have been carefully checked before placing the order and agree to be bound by the terms and conditions of sale. That there may be excess / short quantity when ordering a cut SKU of a particular item. For example, the Steak version of a particular fish may have some variance in the final weight, given the fact it is hard to cut a fish into an exact weight without damaging the shape of the Steak piece. In such instances, I agree to pay the difference amount at the time of delivery or adjust excess payment against the next order.
Obligations of Customer
I hereby unconditionally undertake not to use the Platform for: Disseminating any objectionable material, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or any unlawful activity. To transmit material that constitutes a criminal offense or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. To gain unauthorized access to other computer network systems. Interfere with any other person's right to use or enjoyment of the platform. Breach of applicable laws. Interfere or disrupt networks or web sites connected to the platform. Make, transmit or store electronic copies of materials protected by copyright without the permission of IRTPL. To post customer review feedback in violation of this policy or right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and cause injury to any person or entity. To post comments containing 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". Not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Customer feedback submitted on the Platform. To be solely responsible for the content of any Customer Feedback made and agree upon to indemnify IRTPL for all claims resulting from such Customer Feedback submitted.
Right to Modify Terms & Conditions
IRTPL reserves unconditional right to modify terms and conditions of transacting business on DawnFish platform without any prior notification and consent of customers. When a registered customer accesses DawnFish platform, he or she is deemed to have accepted the latest version of the Terms & Conditions on the Site.
Governing Law and Jurisdiction
All disputes arising out of or in doing business on the platform shall be amicably settled at the first instance by mutual discussions and negotiations. In the event the dispute is not resolved then the same may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment of statutory modification thereof. The arbitration proceedings shall be in the English language and shall be held in Tamilnadu. The award of the arbitral tribunal shall be final and binding upon the parties and no appeal against the same shalt lie to any court. The courts of competent jurisdiction in Bangalore shall have exclusive jurisdiction over any dispute, differences or claims arising out of this agreement.
Copyright & Trademark Rights
The Customer acknowledges that access to this platform does not confer and shall not be considered as conferring upon anyone any license under any of IRTPLor any third party's intellectual property rights. IRTPLexpressly reserves all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on the Platform. All rights, including copyright, on this platform are owned by IRTPL. Any use of this platform or its contents, including copying or storing it either in whole or part, is prohibited without the permission of IRTPL. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of IRTPL. IRTPL is not responsible for content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. Customers deciding to link to any such third-party websites are doing so at their own risk. . All Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by IRTPL and its affiliates and are protected by copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this platform is the exclusive property of IRTPL and is also protected by copyright laws.
Objectionable Material
While all IT security measures are taken to ensure wholesome and socially acceptable content are available on DawnFish platform, notwithstanding the best efforts the customer understands and accepts the risk that while using this platform or any services provided on the www.dawnfish.in, one 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.
Indemnity
As a Customer, I hereby agree upon to defend, indemnify and hold harmless IRTPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon my actions or inactions, which may result in any loss or liability to IRTPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any obligations under this User Agreement or arising out of violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service to other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement. We may terminate this User Agreement at any time, without notice or liability to IRTPL.
Grievances
Details of the Grievance officer is given below; Mr.P. Bensigar, Director Inventive Retail traders Pvt Ltd, 11/113/1, Govt. Medical College East Gate Asaripallam, Nagercoil, Kanyakumari District, Tamilnadu- 629201 Tel.: 04652-457060 Mob: 7550086190, 9489415067 Web: dawnfish.in , bizaka.in Email id: dawnfishhub@gmail.com , inwebbazar@gmail.com