This agreement ("user agreement") incorporates the terms of services for Goldfishh Supplychain Technologies Private Limited and its affiliate entities to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/ or services of Goldfishh by using Goldfishh's websites or using any other customer interface channels of Goldfishh which includes its sales persons, offices, call centers, advertisements, information campaigns, etc.
Both the User and Goldfishh are individually referred as 'party' to the agreement and collective referred to as 'parties'.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the GOLDFISHH Service and Agreements. When we make changes to the Agreements that we consider material, we will notify you through the Service. By continuing to use the Service after those changes are made, you are expressing and acknowledging your acceptance of the changes.
3. Enjoying Goldfishh
Here is some information about all the ways you can enjoy GOLDFISHH.
3.1 Codes and other Limited Offers
If you have purchased a code sold by or on behalf of GOLDFISHH for access to the Unlimited Service or Premium Service for the time period indicated on your email, card or paper receipt (“Code”), or if you are accessing the service through some other limited offer which you received or purchased from Goldfishh (“Limited Offer”), these Agreements apply to your access to the Service. Any separate sets of terms and conditions presented to you along with the Code or other Limited Offer also apply to your access to the Service using the Code or Limited Offer. Subject to any rights you may have Codes are only redeemable in the country where you purchased such Code, not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Codes.
From time to time, we may offer trials of the Premium Service and/or Mobile Service for a specified period without payment (a “Trial”). GOLDFISHH reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability. For some Trials, we will require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Premium Service on the first day following the end of the Trial, on a recurring monthly basis. By providing your payment details in conjunction with the Trial, you agree to this charge. If you do not want this charge, you must change your Subscription to the Free Service through your GOLDFISHH accounts settings before the end of the Trial.
WHAT IS YOUR RESPONSIBILITY AND UNDERSTANDING OF THIS AGREEMENT?
The Users availing services from Goldfishh shall be deemed to have read, understood and expressly accepted the terms of services of this agreement, which shall govern the desired transaction or provision of such services by Goldfishh for all purposes, and shall be binding on the User.
Goldfishh reserves the right, in its sole discretion, to terminate the access to any or all Goldfishh websites, or its other sales channels, and the related services, or any portion thereof at any time, without notice, for general maintenance or any reason what so ever.
All services provided by Goldfishh in the area of warehousing and supply chain will be provided by Goldfishh certified partners.
In addition to this Agreement, there are certain terms of service (TOS) specific to the services rendered/ products provided by Goldfishh like various software for Order management, Warehouse management System (WMS) etc. Such TOS will be provided/ updated by Goldfishh which shall be deemed to be a part of this Agreement and in the event of a conflict between such TOS and this Agreement, the terms of this Agreement shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User.
Additionally, the Service Provider/ Partner itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms of services set forth in a Service Provider’s fare rules, contract of carriage or other rules.
Goldfishh's Services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the Services by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Goldfishh's Services.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Goldfishh document, then these terms shall control.
HOW DO YOU AUTHORIZE 3rd PARTY ACCOUNTS FOR INFORMATION RETRIEVAL?
By using the Account Access service in Goldfishh's websites, the User authorizes Goldfishh and its partners to access third party sites, including that of Banks and other payment gateways, designated by them or on their behalf for retrieving requested information
While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.
The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Goldfishh immediately in writing of any unauthorized use of their password or account or any other breach of security. Goldfishh will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.
HOW DO YOU PAY FEES AND CHARGES?
Goldfishh reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions for using the services. Goldfishh further reserves the right to alter any and all fees from time to time, without notice.
The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.
In case, there is a short charging by Goldfishh for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.
Any increase in the price charged by Company on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by customer.
In the rare event of the booking not getting confirmed for any reason whatsoever, or the inability to deliver the service, we will process the refund and intimate you of the same. Goldfishh is not under any obligation to make another booking in lieu of, or to compensate/ replace the unconfirmed bookings. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed transaction.
The User shall request Goldfishh for any refunds against the unutilized or 'no show' booking for any reasons within 90 days from the date of the order. Any applicable refunds would accordingly be processed as per the defined policies of Business Partners of Goldfishh and Goldfishh as the case may be. No refund would be payable for any requests made after the expiry of 90 days.
Goldfishh reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services. Goldfishh further reserves the right to alter any and all fees from time to time, without notice.
HOW IS YOUR CONFIDENTIALITY PROTECTED?
HOW WILL WE USE YOUR MOBILE NUMBER?
Goldfishh may send booking confirmation, itinerary information & plan, cancellation information, payment confirmation, order refund status, order schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking.
Goldfishh may also contact the User by voice call, SMS, or email in case the User couldn’t or hasn’t concluded the booking process, for any reason what so ever, to know the preference of the User for concluding the booking and also to help the User for the same.
The User hereby unconditionally consents that such communications via SMS and/ or voice call by Goldfishh is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
The User will indemnify Goldfishh against all types of losses and damages incurred by Goldfishh due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on Goldfishh with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
WHAT IS YOUR RESPONSIBILITY?
Goldfishh is responsible only for the order transactions that are done by the User through Goldfishh. Goldfishh will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.
The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.
The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable laws.
WE DO NOT ENDORSE ADVERTISERS, PARTNERS ON GOLDFISHH OR LINKED WEBSITES
Goldfishh is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages. Goldfishh does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before relying on such information.
The linked sites are not under the control of Goldfishh and Goldfishh is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Goldfishh is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by Goldfishh.
INSURANCE IS YOUR RESPONSIBILITY
Unless explicitly provided by Goldfishh in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and Goldfishh doesn't accept any claims arising out of such scenarios.
Insurance, if any provided as a part of the service/ product by Goldfishh shall be as per the terms of services of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Goldfishh shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.
HOW DOES CANCELLATION WORK?
The Customer agrees that the booking made are subject to the cancellation policy set out on the booking page or as communicated to the customer in writing.
WHEN WILL FORCE MAJEURE CONDITIONS APPLY?
The user agrees that there can be exceptional circumstances where the service operators like Partners, Logistics providers, Warehousing companies, respective transportation providers or concerns may be unable to honor the confirmed bookings due to various reasons like climatic conditions, labor unrest, insolvency, business exigencies, government decisions, operational and technical issues, route cancellations, terrorist attacks or threats, riots etc.
If Goldfishh is informed in advance of such situations where dis-honor of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that Goldfishh being a partner for facilitating the booking services shall not be responsible for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.
The User agrees that in situations due to any technical or other failure with Goldfishh, the services committed earlier may not be provided or may involve substantial modification. In such cases, Goldfishh shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of Goldfishh against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.
Goldfishh shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems with shipping &logistics - airlines, rails, buses, or transporters end. In such event, the user affected will be promptly given notice as the situation permits.
Without prejudice to whatever is stated above, the maximum liability on part of Goldfishh arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Goldfishh for its services.
In no event shall Goldfishh and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Goldfishh website(s) or any other channel. Neither shall Goldfishh be responsible for the delay or inability to use the Goldfishh websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Goldfishh website(s), or otherwise arising out of the use of the Goldfishh website(s), whether based on contract, tort, negligence, strict liability or otherwise.
Goldfishh is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.
WHO IS RESPONSIBLE FOR THE SAFETY OF DATA DOWNLOADED?
The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Nevertheless, Goldfishh will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.
HOW DO WE OBTAIN YOUR FEEDBACK, CONTACT YOU?
The User is aware that Goldfishh provides various services related to supply chain and warehousing and may like to learn about them, to enhance his / her experience. The User hereby specifically authorizes Goldfishh to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time. In case that the customer chooses not to be contacted, he /she shall write to Goldfishh for specific exclusion from the Contact Us page on the website or provide his / her preferences to the respective service provider.
WHAT ARE OUR PROPRIETARY RIGHTS?
Goldfishh may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.
The User may use this material only as expressly authorized by Goldfishh and shall not copy, transmit or create derivative works of such material without express authorization.
The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Services that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.
Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Goldfishh services are for the User's personal and non - commercial use. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Goldfishh website(s) without the express written approval from Goldfishh.
HOW DO YOU INDEMNIFY US?
The User agrees to indemnify, defend and hold harmless Goldfishh and/or its affiliates, partners, directors, employees, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Goldfishh and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this agreement.
The user shall be solely and exclusively liable for any breach of any country specific rules and regulations or general code of conduct and Goldfishh cannot be held responsible for the same.
WE HAVE THE RIGHT TO REFUSE YOUR ORDER UNDER CERTAIN CONDITIONS
Goldfishh at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Goldfishh is not complete until full money towards the service is received from the customer and accepted by Goldfishh.
Without prejudice to the other remedies available to Goldfishh under this agreement, the TOS or under applicable law, Goldfishh may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:
Goldfishh may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended, the user shall not register or attempt to register with Goldfishh or use the website in any manner whatsoever until such time that the user is reinstated by Goldfishh.
Notwithstanding the foregoing, if the user breaches this agreement, the TOS or the documents it incorporates by reference, Goldfishh reserves the right to recover any amounts due and owing by the user to Goldfishh and/or the service provider and to take strict legal action as Goldfishh deems necessary.
RIGHT TO CANCELLATION BY GOLDFISHH IN CASE OF INVALID/INCOREECT INFORMATION FROM USER
The User expressly undertakes to provide to Goldfishh only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from Goldfishh.
In case Goldfishh discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Goldfishh in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, Goldfishh shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.
The User unequivocally indemnifies Goldfishh of any such claim or liability and shall not hold Goldfishh responsible for any loss or damage arising out of measures taken by Goldfishh for safeguarding its own interest and that of its genuine customers. This would also include Goldfishh denying/cancelling any bookings on account of suspected fraud transactions.
INTERPRETATION NUMBER AND GENDER
The terms of services herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter form. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", 'hereunder" and words of similar import refer to this agreement as a whole.
If any provision of this agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this agreement, terms of services, notices, or the right to use this website by the User contained herein or any other section or pages of Goldfishh Websites or its partner websites or any provision hereof in any manner whatsoever.
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Goldfishh website, then these terms shall control.
NO PARTNER RELATIONSHIP
None of the provisions of any agreement, terms of services, notices, or the right to use this website by the User contained herein or any other section or pages of Goldfishh Websites or its partner websites, shall be deemed to constitute a partnership between the User and Goldfishh and no party shall have any authority to bind or shall be deemed to be the partner of the other in any way.
HOW DOES GOLDFISHH UPDATE THE WEBSITE?
User acknowledges that Goldfishh provides services with reasonable diligence and care.
It endeavours its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Goldfishh websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Goldfishh notices them.
Changes are/may be periodically made/added to the information provided such. Goldfishh may make improvements and/or changes in the Goldfishh websites at any time without any notice to the User. Any advice received except through an authorized representative of Goldfishh via the Goldfishh websites should not be relied upon for any decisions.
Goldfishh reserves the right to change the terms, conditions, and notices under which the Goldfishh websites are offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms of services.
Goldfishh hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Goldfishh considers itself and intends to be subject to the jurisdiction only of the courts of Mumbai, Maharashtra, India.
YOUR RESPONSIBILITIES VIS-A-VIS THE AGREEMENT
The User expressly agrees that use of the services is at their sole risk. To the extent Goldfishh acts only as a booking partner on behalf of third-party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers.
In no circumstances shall Goldfishh be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Goldfishh may change the features or functionality of the services at any time, in their sole discretion, without notice. Goldfishh expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
No advice or information, whether oral or written, which the User obtains from Goldfishh or through the services shall create any warranty not expressly made herein or in the terms of services of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Goldfishh pages or otherwise use any of the contents, pages, information or any other material provided by Goldfishh.
The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Goldfishh in writing.