Premium, Fresh Seafoods Online

Introduction

These Terms & Conditions (“Terms”) governs the use of (a) our website http://www.marinefresh.co.in/, our application or any products or services in connection with the Application/Website (Hereinafter collectively referred to as “Website”).

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2021 thereunder, as amended from time to time.

Your use/access/browsing of the Website or it’s services or products or registration (with or without payment/with or without subscription) through any means shall signify your acceptance of the Terms and Your agreement to be legally bound by the same.

If you do not agree with the Terms or the Privacy Policy, please do not use the Website or avail the services or products. Any access to our services/products through registrations/subscription is non-transferable.

Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website, services and products are proprietary property of Marine Fresh (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from Marine Fresh and nothing on this Website shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Marine Fresh, to the User. You may own the medium on which the information, content or materials resides, but Marine Fresh shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Marine Fresh on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.
Your use of our products, Website and services is solely for Your personal and non-commercial use. Any use of the Website and its services or products or their contents other than for personal purposes is prohibited. Your personal and non- commercial use of this Website, products and/or our services shall be subjected to the following restrictions:
You may not decompile, reverse engineer, or disassemble the contents of our Website and/or services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from our Website and/or services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website and/or services/products.
You will not (a) use our Website and/or any of our product/s or service/s for commercial purposes of any kind, or (b) advertise or sell the Website or any products, services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website/our products and services in any way that is unlawful, or harms Marine Fresh or any other person or entity.
No User shall be permitted to perform any of the following prohibited activities while availing of our Services:

Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
Interfering with any other person's use or enjoyment of the Website and its services;
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship unless You own or control the rights thereto or have received all necessary consents for such use of the content;
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website;
Access or use the Website/services/products in any manner that could damage, disable, overburden or impair any of the Website's servers or the networks connected to any of the servers on which the Website is hosted;
Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website and its services/ products, or violate any requirements, procedures, policies or regulations of networks connected to the Website and its services/products, or engage in any activity prohibited by these Terms;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website/services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/services/products or any affiliated or linked sites;
Interfere with, or inhibit any user from using and enjoying access to the Website/ services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Website/services/products;
Use deep-links, page-scrape, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Website/services/products, to access, acquire, copy or monitor any portion of the Website/services/products, 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 content, documents or information through any means not specifically made available through the Website;
Alter or modify any part of the Website;
Use the Website for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or
Violate any of the terms specified under the Terms for the use of the Website/Services/products.

In the preparation of the Website and its services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Marine Fresh disclaims any responsibility for any errors and accuracy of the information that may be contained on the Website. Marine Fresh also reserves the right and discretion to make any changes/corrections or withdraw/add content at any time without notice. Neither Marine Fresh nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Website and its services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an “As Is basis” and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure the continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Marine Fresh’s prior written consent.
The contents of the Website and its services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of nursing courses. The usage of the Website and its services/products are not endorsed as a substitution for the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. Subscription to the Website or usage of our services/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.
The Marine Fresh (including but not limited to its subsidiaries/affiliates) may, based on any form of access to the Website (including free download/trials) or registrations through any source whatsoever, contact the User through SMS, email and call, to give information about their offerings and products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through telephone, SMS, and e-mail and holds the Marine Fresh (including but not limited to its subsidiaries/affiliates) indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, subsidiaries, affiliates and partners so that you may be contacted for education information, offerings and promotions through telephone, SMS, email etc.
Upon registration through any means whatsoever, Marine Fresh may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable the effective provision of services. Further, Marine Fresh shall have the right to monitor the download and usage of the Website and its services/products and the contents thereof by the User/student, to analyse such usage and discuss the same with the User/student to enable effective and efficient usage of the Services.
The contents of the Website should not be taken as medical advice.
Access to certain elements of the services including doubt clearance, mentoring services etc may be subject to separate terms, conditions and fair usage policy. The Marine Fresh reserves the right to determine the criteria for the provision of various elements of services to the different categories of Users based on its policies. Hence, subscription to the Website/products or registrations do not automatically entitle the User to any elements of Services provided by Marine Fresh and the Marine Fresh shall be entitled to exercise its discretion while providing access to and determining the continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of our services at our discretion.
The Marine Fresh and it’s products and /or Services, including the Website and content, are compatible only with certain devices/tablets/instruments/hardware. The Marine Fresh shall not be obligated to provide workable products and/or services for any instruments that are not recognized by the Marine Fresh or those instruments that may be purchased from any third party which are not compatible with Marine Fresh’s products and services. The Marine Fresh reserves the right to upgrade the table/ type of compatible devices as required from time to time.
The Marine Fresh shall have no responsibility for any loss or damage caused to the tablet or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our Website.
In order to access the services of our Website, You shall be required to register yourself with the Website and maintain an account with the Website. You will be required to furnish certain information and details, including Your name, mobile number, e-mail address payment information (credit/debit card details) if required, and any other information deemed necessary by the Website. With respect to the provision of information, the following may be noted:-

It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and the latest.
You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session, and (b) immediately notify Marine Fresh of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to Marine Fresh, for such period as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and Marine Fresh cannot guarantee accessibility to the Application at all times. In addition to the disclaimers outlined in the Terms, the Marine Fresh shall not be liable to You for any damages arising from Your inability to log into Your account and access the Website at any time.

Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, of 1872 shall be eligible to register for the Website and all Our products or services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services.
Marine Fresh will not be responsible for any consequence that arises as a result of misuse of any kind of our Website or any of our products or services that may occur by virtue of any person including a minor registering for the services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of the parent/legal guardian (in case of minors).
The Marine Fresh reserves the right to terminate your subscription and/or refuse to provide you with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or services are not made by Your parent/legal guardian or any information provided by you is inaccurate. You acknowledge that the Marine Fresh does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Website.
You agree to defend, indemnify and hold harmless the Marine Fresh, its officers, proprietors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access of the Website and it’s product/services; (ii) Your violation of any term of these Terms or any other policy of the Marine Fresh; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Website and it’s product/services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
In no event shall Marine Fresh, its officers, proprietors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Website.
In the event of Your breach of these Terms, You agree that the Marine Fresh will be irreparably harmed and may not have an adequate remedy in money or damages. The Marine Fresh therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Marine Fresh's right to obtain such relief shall not limit its right to obtain other remedies.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Marine Fresh can avail. In such instances, Marine Fresh may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Ernakulam and You hereby accede to and accept the jurisdiction of such courts.
The Marine Fresh has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website or the services as it deems fit at any time without notice. Further, the Marine Fresh has the right to amend these Terms from time to time without prior notice to you. The Marine Fresh makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that the Marine Fresh shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application and it’s services. All prices are subject to change without notice.
Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that Marine Fresh can avail. In such instances, Marine Fresh may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
This Website and the services are provided on an "as is basis” with all faults and without any warranty of any kind. Marine Fresh hereby disclaims all warranties and conditions with regard to the Website and the services, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness, performance, completeness, suitability and non-infringement. Additionally, Marine Fresh shall not be liable for any damages arising out of or in connection with the use or performance of this site, the application or the services. Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that the services provided by us meet your specific requirement
The Terms and Conditions and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Marine Fresh. If any provision of these Terms of use is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
Any complaints, abuse or concerns with regards to content or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via email support@marinefresh.co.in