Terms and Conditions
Welcome to Seafoodsouq.com. Seafood Souq General Trading LLC, is a limited liability company incorporated in Dubai, the United Arab Emirates (the “UAE”), having commercial license number 816468 (referred to as “Seafood Souq”, the “Company”, “we”, “us” or “our”) providing services to you when you access our e-commerce platform by visiting our website seafoodsouq.com (the “Site”), through which we enable you to purchase seafood products from various vendors.
By accessing the Site, you agree unconditionally and fully accept these terms and conditions (“T&Cs”) governing the use of the Site and sale of all products and services through and in connection with the Site. We recommend that you review these T&Cs carefully.
In these T&Cs, the following expressions have the following meanings unless inconsistent with the context (in addition to those expressions defined elsewhere in these T&Cs):
Affiliate means with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
Ancillary Services means the additional services provided to Buyers by Seafood Souq, including Delivery Service, Customer Service and Payment Processing.
Buyer means any person registered on the Platform as a buyer.
Buyer’s Account means the Buyer’s account on the Platform through which the Buyer can purchase Products from Sellers.
Customer Service means customer service provided to Buyers in respect of Orders.
Delivery Fee means the fee charged by Seafood Souq to the Buyer in respect of each Order dispatched to the Buyer.
Delivery Service means the service provided by Seafood Souq whereby it delivers Orders to Buyers.
Intellectual Property Rights means any patent, copyright, trademark, trade secret, domain name, moral right or any other intellectual property rights and all ancillary and related rights.
Order means an order placed by a Buyer on the Platform for specified quantity of Products offered by a Seller.
Parties means Buyers, Users and Seafood Souq
Payment Processing means the processing of payments in respect of Orders.
Platform means Seafood Souq’s e-commerce platform on the Site where vendors can offer to sell their Products to other businesses.
Platform Service means the service whereby Seafood Souq allows Users access to the Platform and allows Buyers to place Orders.
Products means seafood and seafood related products.
Registration means the registration of a User as a Buyer to use the Platform to place an Order.
Sales Price means in respect of each Order (i) the price of the Product ordered; (ii) shipping and handling charges; (iii) any taxes and custom’s duty payable in respect of the Order; and (iv) the Delivery Fee.
Seller means a vendor registered as a seller on the Platform and offering Products for sale on the Platform.
Seller’s Account means the Seller’s account on the Platform through which the Seller can upload a list of Products it wishes to offer for sale on the Platform in accordance with the provisions of this Agreement.
Services means the services provided by Seafood Souq to the Users, including access to the Site and the Platform, as well as the Ancillary Services.
Site means the website available at www.seafoodsouq.com, and any other replacement or successor website.
UAE means the United Arab Emirates.
UAE Dirhams or AED means the legal currency of the United Arab Emirates.
User means any and all persons accessing the Site.
Wallet means the digital wallet system through which Buyers can pay Sellers on the Platform.
- Under the T&Cs, where the context admits:
- reference to a clause, schedule or paragraph is to a clause, schedule or a paragraph of these T& Cs;
- reference to a clause, schedule or paragraph is to a clause, schedule or a paragraph of these T& Cs;
- reference to the Parties includes, where appropriate, their representatives, successors, nominees and permitted assigns;
- words denoting the singular shall include the plural and vice versa;
- words denoting a gender include every gender;
- references to person(s) or an expression denoting a natural person includes bodies corporate or unincorporated, any state or agency thereof, partnership, association, two or more persons having a joint common interest, or any other legal or commercial entity and all such words shall be construed interchangeably;
- any reference to “writing” or cognate expressions includes a reference to facsimile, e-mail or comparable means of communications;
- if there is any inconsistency between the definitions set out in this clause and the definitions set out in any clause or Schedule, then for the purposes of construing such clause or Schedule, the definitions set out in such clause or Schedule shall prevail;
- all dates and periods shall be in accordance with the Gregorian calendar; and
- headings and underlining in these T&Cs are for ease of reference only and do not affect the construction of any provisions.
Conditions of Use
- Please read these T&Cs carefully prior to using the Services, including accessing the Site or placing an Order. By using these services, you confirm and acknowledge your agreement to be bound by these T&Cs.
- By accepting these T&Cs you hereby confirm that you are over 18 years of age. Seafood Souq does not sell Products to anyone under the age of 18.
- Seafood Souq retain the right to amend the T&Cs at any time by posting the revised terms and conditions on the Site. The amended T&Cs will be in force from the day they are posted on the Site.[All Buyers will notified by email of a change in the terms and conditions.] Buyers who have already placed an Order prior to the change in T&Cs that has not been delivered at the time of amendment of the T&Cs shall be bound by the previous T&Cs in respect of that particular Order.
- Subject to compliance with these T&Cs, Seafood Souq grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access the Site and Platform. The license does not allow you to copy, reproduce or download any information, text, images, Product descriptions, Product pricing, and any other content on the Site or the Platform (“Seafood Souq Content”) for the purpose of re-selling, redistributing or re-publishing the Seafood Souq Content, mass mailing (whether digital or otherwise), operating a business that competes with Seafood Souq or otherwise commercially exploiting the Seafood Souq Content. Use of the Seafood Souq Content for any purpose not expressly permitted under these T&Cs is prohibited.
- Systemic retrieval of Seafood Souq Content from the Site or Platform to create or compile, whether directly or indirectly, a database, a collection, a compilation or a platform whether similar to the Platform or not is prohibited.
- You understand that some of the Seafood Souq Content displayed on the Site or Platform may be provided by third parties, including the Sellers (“Third Party Content”) and Seafood Souq shall not be responsible for the accuracy or truthfulness of any Third Party Content and shall not be liable to any User for any loss or damaged caused by or in connection with such Third Party Content.
- Seafood Souq is not responsible for the conduct of any other User on the Site or the Platform.
- No User shall use the Site, the Platform or the Services to infringe the Intellectual Property Rights or any other rights of any other person in any way. Users who infringe Intellectual Property Rights or any other rights of others may be barred from accessing the Site, and in the case of Buyers, the Accounts of such persons may be suspended or terminated, as determined by Seafood Souq in its sole discretion.
- Seafood Souq may also restrict access of a User and suspend or terminate the Account of a Buyer, if in its sole discretion, it determines that the User’s conduct is detrimental to Seafood Souq, its Users or Sellers. Seafood Souq also retains the right to restrict access of a User or to suspend or terminate a Buyer’s Account without any cause in our sole discretion.
- No User shall take any steps to undermine the integrity of the computer systems used by Seafood Souq or its Affiliates or attempt to gain unauthorized access to such computer systems or networks.
- Users shall not manipulate Seafood Souq’s rating system by submitting unsubstantiated or fake reviews.
- While accessing the Site or the Platform, User’s shall not
- submit fraudulent information, make fraudulent offers, seek to defraud other Users or Sellers;
- undertake any illegal activity or use the Site or the Platform for any illegal purpose;
- impersonate any person or entity, misrepresent themselves or its affiliation with any person or entity;
- violate any applicable law;
- extract and or reutilize parts of any content on the Site or the Platform;
- utilize any data mining, robots, or similar data gathering and extraction tools to extract any substantial parts of the content on the Site or Platform;
- be obscene, defamatory, libelous, or unlawfully threaten or harass other Users; and
- upload or transfer any computer viruses or other destructive devices and codes that may have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
- Subject to the provisions of clause 2, Users are entitled to access the Site without Registration. However, Registration is required to be able to place an Order.
- In order to Register, a User is required to submit the information detailed in Schedule A.
- Each User submitting information under clause 3.2 above represents that such information is true, accurate, complete and current. Seafood Souq shall be entitled to refuse Registration or suspend or terminate an existing Registration if it believes that any information provided by a User in connection with Registration is untrue, inaccurate, incomplete or not current.
- Each Buyer shall be responsible for ensuring that all information provided to Seafood Souq remains valid, accurate and, complete the Buyer shall remain responsible for promptly notifying Seafood Souq of any changes to the information provided at the time of Registration, and in any event no later than  days following such change, along with the relevant updated documentation, if any. A Buyer’s failure to provide updated information within the stipulated timeframe may result in Seafood Souq suspending or terminating the Buyer’s Account.
- Seafood Souq, may, in its sole discretion refuse to register a User as a Buyer, in which case the relevant User will not be able to place an Order.
- During the Registration process, the User will provide Seafood Souq with any additional documents or information Seafood Souq may reasonably require.
- By applying to be registered as a Buyer, the User represents that it has been duly authorized to enter into an agreement with Seafood Souq by accepting these T&Cs.
- Seafood Souq may at any time, in its sole discretion, impose limitations on, suspend or terminate a Buyer’s Account.
- A Buyer may not sell, attempt to sell, offer to sell, give, assign or transfer an Account, user name or password connected to the Buyer’s Account to any third party.
- It is the Buyer’s responsibility to keep its Buyer’s Account secure. If a Buyer believes at any time that its password has become known to anyone else or if the password is being used, or likely to be used in an unauthorized manner, the Buyer should inform Seafood Souq immediately.
- The Products sold on the Platform are offered by the Sellers and the Sellers are entirely liable for the Products being offered, as well as the description of the Products.
- Each Buyer undertakes to read the description of the Products carefully before placing an Order.
- To place an Order, a Buyer will select its chosen Products by clicking on the Product listed by a Seller. The Buyer may at any time display a summary of the selected Products and delete any Products by clicking on the “delete” button. Once the Buyer has selected all the Products it wants to Order it will click on the “confirm” button to confirm its Order.
- Once the Order has been placed by the Buyer, Seafood Souq will send the Buyer a notification through the Platform’s communication channel confirming receipt of the Order and containing the details of the Order (“Confirmation Email”). The Confirmation Email is an acknowledgment that Seafood Souq has received your Order, but does not confirm acceptance of the Order. The Buyer will not be entitled to cancel the Order once it has received the Confirmation Email.
- The Confirmation Email will detail the Sales Price and value added tax.
- Once the Seller confirms the Order to Seafood Souq, a delivery conformation email will be sent to the Buyer (“Delivery Confirmation Email”) by Seafood Souq.
- At the time the Delivery Confirmation Email is sent to the Buyer, the Buyer authorizes Seafood Souq to charge the Sales Price, either on the Buyer’s credit card or on the Buyer’s Wallet.
- The Order will be delivered to the Buyer by Seafood Souq, on behalf of the Seller, to the address specified by the Buyer. The Buyer will be informed of an approximate time during which delivery will be made, and the Buyer shall ensure that it will be present to take delivery of the Order. Any additional costs incurred due to the Buyer’s failure to present at the time of delivery on more than one occasion shall be charged to the Buyer.
- At the time the delivery is made, the Buyer is advised to properly inspect the Products delivered to ensure that it is satisfied with the Order.
- In the event that a Buyer is not satisfied with an Order, the Buyer must raise such complaint at the time of delivery of the Order. In the event that such complaint is raised by the Buyer in a timely manner, Seafood Souq will determine, in its sole discretion, acting reasonably, whether such complaint is valid.
- In the event that an Order is not accepted by a Buyer and such rejection is accepted by Seafood Souq as being reasonable, the Buyer will be reimbursed the Sales Price to their Wallet. If only part of the Order is accepted by the Buyer, and Seafood Souq agrees that rejection of the remainder of the Order is reasonable, the Buyer shall only be charged a pro rata amount of the Sales Price, calculated by Seafood Souq on the basis of the value of the Order accepted by Buyer, as agreed by Seafood Souq, subject to a reasonable loss amount that shall be set by the seller, which shall be deemed by Seafood Souq and the buyer as acceptable. All refunds shall be made using the mode of payment used when the Order was placed.
- Buyers acknowledge and confirm that Seafood Souq shall not be responsible for any loss or damage caused to a Buyer as a result of an Order.
- Seafood Souq does not hold liability for the Products ordered. Liability shall remain with the Seller until the Order is delivered to and accepted by the Buyer. The Seller remains liable for any loss or damage caused to the Buyer as a result of the Products ordered from the relevant Seller.
- The Buyer will satisfy its obligation to pay the Seller once the Buyer makes a payment to Seafood Souq in respect of an Order and Seafood Souq confirms that the Seller will have no further recourse to the Buyer in respect of an Order.
- We accept payments online using Visa and MasterCard credit/debit card in AED.
- The Buyer consents to receive the sales invoice electronically, as well as value added tax invoice, if applicable.
- Multiple Orders will result in multiple charges being reflected on your account’s monthly statement.
- Once the Wallet is introduced, all Buyer’s must establish their own Wallet and payment on the Platform will only be accepted through the Wallet.
- Any additional terms and conditions in respect of the Wallet may be shared with Buyers at the time the Wallet is introduced, wither via email or by being posted on the Site. Buyers are advised to review such terms and conditions carefully. In the event that a Buyer does not accept the wallet terms and conditions, it will no longer be able to place Orders and the relevant Buyer’s Account will be suspended
- When using the Site or the Platform or when sending Seafood Souq any emails, you are communicating with Seafood Souq electronically. We will communicate with you electronically in various ways, including through email, text, and by posting messages to Buyer’s through their Account.
- All User’s agree that all agreements, disclosures, notices and other communications provided to you by Seafood Souq electronically satisfies any legal requirements that such communications be in writing.
- Seafood Souq shall use all reasonable efforts to ensure that availability of the Services will not be interrupted and that there is continued access to the Site and the Platform, but cannot guarantee continuous and permanent availability given the nature of the internet. Seafood Souq is also unable to guarantee that the Services will be error-free.
- User access to the Site and Platform may be temporarily be suspended or restricted to allow for repairs, maintenance or introduction of new features or for any other reasonable as may be determined by Seafood Souq.
- Seafood Souq shall not be held liable for any disruptions, down periods, or malfunction of the Site which is beyond its reasonable control. Seafood Souq shall also not be liable in any way in the event of denial of access to the Site; any viral attack on the Site or from the Site, and any resulting damage; and any abnormal or illicit use of the Site, in which case the Users shall be entirely liable for any resulting damage, including damage to third parties, and the consequences of any claims or proceedings which may ensue as a result.
- Users acknowledge that Seafood Souq has the sole authority to determine the content, appearance, design, features and all other aspects of the Site and the Platform, and that Seafood Souq is entitled to restrict access to the Site and Platform in its sole discretion.
- Seafood Souq is also entitled to limit purchases by all or some Buyers, as it may deem necessary in its sole discretion. Seafood Souq shall not be held liable for preventing a Buyer from placing an Order or any losses incurred by the Buyer as a consequence thereof.
- Seafood Souq shall use reasonable efforts when providing the Services, but shall not be bound in any way by the results of such Services.
- Seafood Souq will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE.
- Seafood Souq reserves the right to make changes to any of the Services, these T&CS, and any other policies or conditions at any time.
- The cardholder must retain a copy of transaction records and Merchant policies and rules.
- Review, Comments, Communications and Other Content
- Buyers may post reviews and comments and rate Sellers on the Platform (together “Content”) in respect of Orders received, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of Intellectual Property Rights or otherwise objectionable to third parties including Sellers.
- Seafood Souq has the right to edit or remove all Content that is in breach of these T&Cs.
- In the event that a Buyer posts Content, the Buyer grants Seafood Souq a non-exclusive, royalty free license to use, reproduce, publish, make available, translate and modify such Content throughout the world and the right to use the name that the Buyer submits in connection with such Content.
- Each Buyer represents and warrants that:
- it owns or otherwise controls all of the rights to the Content that it posts; and
- that as at the date the Content is posted (a) the Content is truthful and accurate and is not in breach of these T&Cs; and (b) use of the Content will not cause any injury to any person and is not defamatory.
- Each User agrees to indemnify Seafood Souq for all claims brought by a third party, arising out of or in connection with the Content it has posted. Seafood Souq shall not be liable in any way for any breach of third party rights, errors or omissions in connection with the Content.
- Each User releases Seafood Souq and agrees to indemnify, defend and hold harmless Seafood Souq, its Affiliates, its representatives, officers, directors, employees, and agents against any loss, claim, damage, cost, expense, settlement, or any other liability (including, without limitation, attorneys’ fees) (each a “Claim”) arising from or related to (i) the User’s actual or alleged breach of these T&Cs, (ii) the User’s employees, including an act or omission by such employees or any Claim brought against Seafood Souq by such employees; (iii) use of stolen or fraudulent or stolen credit cards or bank accounts when making an Order; (iv) any unauthorised Orders; and (v) the Content the User has posted and any infringement of Intellectual Property Rights by such Content.
- When defending each Claim, the User shall use counsel that is reasonably satisfactory to Seafood Souq and such counsel will consult with Seafood Souq when defending the Claim, if Seafood Souq so requests and in any event defend the Claim in a manner satisfactory to Seafood Souq. The User shall not be entitled to consent to the entry of any judgment in respect of a Claim or settle any Claim without the prior written consent of Seafood Souq, which consent shall not be unreasonably withheld.
- Each User, on behalf of itself, its subsidiaries, successors, Affiliates, officers, directors, shareholders, employees, and assigns irrevocably releases and fully discharges Seafood Souq and each of its Affiliates, officers, directors, shareholders, agents, employees and representatives from any and all claims, obligations, demands, causes of action, suits, losses, damages, debts, whether actual or contingent, accrued or unaccrued arising out of the use of the Services, placing an Order or posting Content.
- Each User hereby confirms that it understands that the Services are provided by Seafood Souq on an as-is basis without any representations or warranties as to the quality of the Services to be provided by Seafood Souq under these T&Cs.
- As a user of the Services provided by Seafood Souq, each User agrees and understands that it is using that Services and the Platform at its own risk to the fullest extent permissible under all applicable laws.
- Seafood Souq and its Affiliates do not warrant that the functionality of the Platform and the Services will meet each User’s requirements or be available in a timely, secure, error free, and uninterrupted manner and Seafood Souq shall not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the placing, processing and acceptance of Orders.
Limitation of Liability
- Seafood Souq shall not be liable to any User or any other person for the loss of any profit, revenue, business, data, or punitive or consequential damages arising out of or relating to these T&Cs or the User’s use of the Site or Platform, including placing and receiving Orders.
- The aggregate liability of Seafood Souq under this Agreement arising out of or in connection with this Agreement or transactions contemplated within shall not exceed at any time the total amounts received by Seafood in connection with Services provided to the relevant User during the prior [three] months in connection with the particular Service giving rise to the claim.
Intellectual Property Rights
- Each User acknowledges that Seafood Souq owns all Intellectual Property Rights in the Site and the Platform, except as expressly stated herein. This Agreement does not grant any User any rights to, any Intellectual Property Rights in respect of the Site, the Platform and any other materials posted by a Seller by Seafood Souq in connection with the sale of Products on the platform.
- No User is authorized to reverse engineer, decompile, modify or make any changes to the Site or the Platform.
- Any unauthorized use, copying, modification or publication of any of Seafood Souq’s Intellectual Property Rights or any unauthorized use of the Site or Platform by any User is strictly prohibited.
Each User represents and warrants that
- it is a duly organized, validly existing business, and in good standing under the laws of the country in which it is incorporated;
- it has the authority to enter into a sales contract when placing an Order;
- it has the authority to perform its obligations hereunder and grant all the rights, licenses and authorizations as may be contemplated under these T&Cs;
- any information provided by it under these T&Cs is at all times true, accurate, and complete; and
- it shall comply with all applicable laws and regulations when performing its obligations under these T&Cs.
- During the term of the Agreement, Seafood Souq may share information with any User in respect of the Site, Services or the Platform (collectively “Confidential Information”). Each User agrees that the Confidential Information shall remain Seafood Souq’s exclusive property and the User shall only be entitled to use such Confidential Information as instructed by Seafood Souq and in connection with its obligations under this Agreement.
- Each User shall ensure that the Confidential Information remains confidential and not disclose it to any person, other than as permitted under this clause.
- Clause 15.2 shall not apply to the disclosure of Confidential Information if and to the extent:
- required by any law or by regulation of any country with jurisdiction over the affairs of the receiving Party or Company;
- required by any court of competent jurisdiction or any competent judicial, governmental, supervisory or regulatory body; or
- that such information is in the public domain other than through breach of this clause,
- provided that the User will to the extent reasonably practicable and permitted by such law or body promptly notify Seafood Souq and co-operate with Seafood Souq regarding the timing and content of such disclosure and any action which Seafood Souq may reasonably wish to take to challenge the validity of such requirement.
- Except as provided otherwise in this Agreement, no Party may assign, or grant any encumbrance over any of their rights or obligations under this Agreement.
- All notices and communication between the parties shall be through e-mail using the e-mail address provided by the User. Each User shall be responsible for updating Seafood Souq in respect of any changes to its email address.
- Any electronic communication made between the parties will be effective only when actually received in readable form. Notwithstanding the foregoing, Seafood Souq shall not be liable for any delay or losses caused as a result of the Seller failing to inform Seafood Souq of any change to its email address.
Term and Termination
- Each User is entitled to access the Site and the Platform for an indefinite term, subject to these T&Cs.
- Each Buyer is entitled to use the Services for an indefinite term, subject to these T&Cs.
- Seafood Souq shall be entitled to suspend the Services in accordance with the terms of the Agreement. Seafood Souq shall restore a User’s access to the Services and the Platform, when such User, in Seafood Souq’s sole discretion, has rectified the issue giving rise to the suspension.
- Seafood Souq is entitled to terminate a Buyer’s use of the Services without cause, at any time. The Buyer agrees that is shall not be entitled to claim any damages whatsoever for any losses that may occur as a result of such termination.
- In the event that Seafood Souq terminates the Buyer’s use of the Services, the Buyer’s Account will be closed and all sums payable by the Buyer to Seafood Souq shall be immediately due and payable. Any Order in respect of which a Delivery Confirmation Email has not been sent to the Buyer maybe be cancelled in Seafood Souq’s sole discretion.
- Any Buyer whose Account has been closed by Seafood Souq for any reason may not submit a new request for a new Account until 3 months after the closure of the previous Account. Seafood Souq may choose to accept or reject the request for Registration at its sole discretion.
- The provisions contained in each clause of these T&Cs shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
Waiver, Forbearance and Variation
- The failure by any party to exercise, or delay in exercising any right or remedy under these T&Cs shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies such party may otherwise have, and no single or partial exercise of any right or remedy under this Agreement shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
- Nothing in these T&Cs shall be deemed to constitute a partnership between the Parties nor constitute any Party, as the agent of the other Party for any purpose.
- These T&CS and the documents referred to in it contains the whole agreement between the parties relating to the transactions contemplated under these T&Cs and supersedes all previous agreements between the parties relating to these transactions. Except as required by statute, no terms shall be implied (whether by custom, usage or otherwise) into these T&Cs.
- Each party:
- acknowledges that, in agreeing to enter into these T&Cs, it has not relied on any express or implied representation, warranty, collateral contract or other assurance (except those set out in these T&Cs and the documents referred to in it) made by or on behalf of the other party before the signature of these T&Cs; and
- waives all rights and remedies which, but for this clause 21, might otherwise be available to it in respect of any such express or implied representation, warranty, collateral contract or other assurance.
- Nothing in this clause 22 limits or excludes any liability for fraud.
- These T&Cs are governed by the laws of Dubai International Financial Centre.
- Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the Courts of the Dubai International Financial Centre.
- The language of this Agreement and the transactions envisaged by it is English and all notices, demands, requests, statements, certificates or other documents or communications shall be in English unless otherwise agreed.
Buyer Registration Documents
- Corporate registration documentation
- Constitutional documents
- Tax registration details
- Bank account details
- Credit card information
- Bank Account details including name of account holder, name of bank, IBAN and SWIFT code