Terms & conditions

This Agreement was last modified on 7 April, 2021.

Please read these terms and conditions (“Terms and Conditions”) carefully before using the website www.kingseafoodmarket.com and any related mobile application (the “Website”) operated by King Seafood Market (“King Seafood Market”, “us”, “we”, or “our”). These Terms and Conditions set out the legally binding terms on which you may access and use our Website and our Services.

If you are Customer, please also read the Customer Terms below which are incorporated into these Terms and Conditions. If you are a Supplier, please read the Supplier Terms related below which are incorporated into these Terms and Conditions.

By accessing or using our Website or our Services in any manner, including, but not limited to, visiting or browsing our Website or contributing content or other materials to our Website, you agree to be bound by these Terms and Conditions and the Customer Terms or Supplier Terms (as applicable), together with our Privacy Policy set out on our Website.

The products on this website such as live seafood, fresh seafood, frozen and wholesale seafood are purchased by consumers and other suppliers or wholesalers. Suppliers or seafood partners will be responsible for any damage, loss or liability regarding live, fresh, frozen, and wholesale seafood products.

Definitions

In the Terms and Conditions:

Customer means a person or business buying the Products on our Website.

Customer Terms means the additional terms and conditions that apply to Customers as set out below as amended from time to time without further notice.

Order means an order made by a Supplier or Customer through our Website.

Privacy Policy means our privacy policy located on our website.

Product or Products means any products listed and available from a Supplier on our Website.

Services means the services we provide to Customers and Suppliers, being a platform for Customers to peruse Products displayed by Suppliers on our Website and to communicate Orders for Products to Suppliers.

Supplier means a “Seafood Partner” which is a person or business selling the Products on our Website. To be a Seafood Partner you must sign up as one of our suppliers on the website.

You means a Customer or Supplier as the context requires.

Supplier Terms means the additional terms and conditions that apply to Supplier as set out below as amended from time to time without further notice.

Supplier Terms

Important legal notice

These additional terms (“Supplier Terms”) will apply where you are supplying Products through our Website. By supplying Products via our Website (whether now or in the future), you agree to be bound by these Supplier Terms. These Supplier Terms should be read in conjunction with our Terms and Conditions.

Registration of account for access

Any offer or advertisement for the sale of Products can only be made with a supplier account known as a “Seafood Partner Account”.

You may register a supplier account with us. When registering an account, we may require you to provide:

your personal/ company details
your contact details
your company ABN
your identification
your credit or debit card details

You must provide these details truthfully and ensure that your details are updated as frequently as necessary to ensure that we have accurate and current information about yourself.

When registering an account, you agree to be bound by our Terms and Conditions, including these Supplier Terms.

Upon registration, you will be issued with a username and a password and it is your responsibility to ensure that the username and passport are kept safely. Any use of your username and password, even if done without your authority, remains your responsibility.

Registration and continuing access through your supplier account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

Listing your products for sale

Once you have registered a supplier account, you may list your Products on our Website for sale. When listing your Product, you may also include information reasonable or necessary for the Customer such as:

a brief description
photograph or image
use or possible use
availability
transportation costs (estimate only)

When listing you may specify matters such as a promotion and minimum order amount, provided however that these requirements are clearly identified.

Receiving your order

After an order is submitted, we will notify you via SMS or email of the Order. We will provide you with all information necessary to complete the Order.

It is your responsibility to ensure the Products are delivered safely, within the time estimated and that the Products are fully insured during their delivery. We take no responsibility for the delivery of your Products to the Customer.

If there is any change to the pricing, the estimated time for deliveries or the transportation costs, you must inform us immediately. Customers may be entitled to a cancellation upon review of these changes.

If upon receiving an Order, you are unable to supply the Products, you must inform us as soon as possible. You are also required to provide a reason for your inability to supply the Products.

Our fees

We will charge you the following fees for our services

FEES	HOW IS IT CALCULATED	WHEN IS IT PAYABLE
Annual Fees	Nil	Nil
Commission	Between 5 percent to 27 percent of the total sale price	Within 48 Hours

Fees chargeable will be reviewed from time to time. We will notify you when the fees change.

All fees charged are in Australian Dollars and inclusive of goods and services tax.

Payment

Payment from the Customer to you – we will deduct the purchase price as set out on the Order from the Customer’s nominated bank account immediately after an Order has been submitted. We have the right to hold this payment from you for at least 7 days subject to any adjustment, cancellation or disputation that may arise from the Order. At the expiry of 7 days, the payment will be automatically released to you via bank transfer to your nominated account. We however may, at our absolute discretion, withhold this payment until the delivery of the Order and/or resolution of any disputation.

Chargeback – In the event that a payment from the customer of an Order has been rejected or “charged back”, then you must immediately repay such amount and authorise us to charge your nominated bank account the same amount that has been “charged back”. It is your responsibility to resolve any dispute of a charge back with the Customer directly and you remain liable for our fees.

Disclaimer

The Website is a venue which allows you to advertise your products for sale. The agreement to supply and purchase Products is a contractual arrangement directly between you and the Customer.

King Seafood Market does not act as your agent in relation to the Products you advertise for sale on our Website. We are not a party to any contractual relationship between you and a Customer or any other third party, even if our Website facilitates an Order for your Products. You rely on information provided by a Customer resulting from the provision of our Services or your use of our Website entirely at your own risk and we will not be responsible for the terms of any transaction between you and any Customer, or for resolving any dispute between you and any Customer. You should make your own inquiries with your suppliers before purchase any seafood products.

Any Order for the supply and purchase of Products is a contract entered into strictly between you and the relevant Supplier and we do not verify, endorse, recommend or guarantee any Supplier or any information they provide on our Website.

We provide a platform for communication and access between you and the Supplier only and have no control over, or liability with respect to, the actions or omissions of any Supplier. King Seafood Market makes no representation, warranty, condition or undertaking, either express or implied as to:

the accuracy of the information and data supplied by Suppliers on our Website;
the quality or suitability of the Products for any particular purpose;
the availability of the Products; and
estimated times for deliveries and transportation costs charged by the Supplier.

King Seafood Market does not provide any warranty in relation to any Products, underweight, overweight, quantity, quality, size, advertised on our Website by the Supplier or other third parties including, but not limited to, any representation or warranty that the Products are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the Supplier or other third party.

You acknowledge that all descriptions of the Products are based on descriptions provided by Suppliers and King Seafood Market makes no representations and accepts no liability for Products which fail to correspond with any descriptions of Products provided by Suppliers.

Customer Terms

These additional terms (“Customer Terms”, “Restaurant /Eatery Terms”, “Wholesale Terms”) will apply where you are ordering Products through our Website. By ordering Products via our Website (whether now or in the future) or continuing to use our Website, you agree to be bound by these Customer Terms. These Customer Terms should be read in conjunction with our Terms and Conditions.

Registration of account for access

Most of our Website is accessible without registering for a customer account. However, you can make an Order online 24/7 without signing up to a user account on our Website.

When registering an account, we may require you to provide:

your personal details
your contact details
your identification
your credit or debit card details

You must provide these details truthfully and ensure that your details are updated as necessary to ensure that we have accurate and current information. When registering an account, you agree to be bound by our Terms and Conditions, including these Customer Terms. Upon registration, you will be issued with a username and a password and it is your responsibility to ensure that the username and passport are kept safely. Any use of your username and password, even if done without your authority, remains your responsibility. Registration and continuing access through your supplier account is a privilege granted by us to you and can be refused, revoked or suspended at any time at our absolute discretion.

How to make an order and how it is processed

Once you have selected the products you wish to order online, you may be invited to submit your Order by clicking or selecting the “proceed”, “place my order”, “checkout” or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button as once you do so we will process your Order and errors cannot be corrected.

If a Supplier has a minimum order amount in place, you may not place an Order with that Supplier until the value of your Order exceeds that amount. The minimum order amount must be met after applying any discounts or specials that reduce the total Order amount.

After an Order is submitted, you will be required to make payment for your Order. You are required to make prompt payment before the Order can be processed.

After your Order is submitted, it may not be amended or cancelled. You should contact us promptly if you wish to amend or cancel your Order and we will endeavour to assist you with your amendment or cancellation HOWEVER we make no guarantee that your request to amend or cancellation will be accepted by the relevant Supplier. If it is accepted, then administration fees or cancellation fees may be applied and you must pay for these fees before an amendment or cancellation can be accepted.

On receipt of your Order, we will begin processing it by sending it to the relevant Supplier and will notify you by email or SMS that your Order has been received and is being processed. Any confirmation page that you may see on our Website or any Order confirmation email that you may receive merely indicates that your Order has been received and is being processed by the Supplier. This does not necessarily mean that your Order has been accepted by the Supplier. A Supplier has the discretion to reject Orders at any time because of availability, logistic or operational reasons, weather conditions or for any other reason. We encourage all Suppliers to accept all Orders and to communicate any rejection promptly, and we will notify you (by email) as soon as reasonably practicable if a Supplier rejects your Order.

Deliveries are generally made within 24hrs of the Order being placed and an order confirmation being received, unless otherwise requested by the Customer during the checkout process or notified by the Supplier.

Prices

All prices shown on our Website are in Australian Dollars.

Unless otherwise stated, all prices of the Products shown are inclusive of any goods and services tax (where applicable).

While we endeavour to regularly monitor and ensure all prices displayed on our Website are accurate and up to date, we make no guarantee to it and therefore we reserve the right to correct the prices subsequent to your Order. You have the right to cancel your Order if the prices displayed on our Website are incorrect.

If you make a payment via credit card, you agree that your payment will be processed via Stripe (a certified platform or other certified credit payment gateway). We do not receive details of your credit card directly and cannot be held liable for any issues arising from the processing of your card.

Any promotions listed on our Website are subject to changes without further notice and we make no guarantee that the promotion will be available for your Order. The Supplier has the right to refuse a promotion at their discretion. Materials on our Website may change from time to time without further notice.’

Amendment to these terms and conditions

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on our Website. Your continued use of our Website or our Services after any such changes constitutes your acceptance of the new Terms and Conditions.

We advise you to print a copy of these Terms and Conditions at the time of each purchase for future reference.

Intellectual property and restrictions on use of content

Unless otherwise indicated, the copyright on the website is owned by King Seafood Market. As per these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of website.

Reviews

King Seafood Market may, from time to time, invite you to submit a review and/or rating of Suppliers to the Website, assessing suppliers on the standard of the quality of their Products, delivery and price.

You acknowledge that any content submitted by you on the Website may be used at King Seafood Markets sole discretion. King Seafood Market reserves the right to amend, shorten or delete any content on the Website which King Seafood Market considers in its judgment to constitute an infringement of the guidelines governing content or any other provisions of these Customer Terms. King Seafood Market does not guarantee that you will have any recourse through King Seafood Market to edit or delete any content you have submitted. None of the content that you submit shall be subject to any obligation of confidence on the part of King Seafood Market, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

In providing a review, you acknowledge and agree that you will not submit any review or opinion about a Supplier which you know to be incorrect or deliberately misleading or which is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation. You further represent and warrant that:

there view is either submitted by or authorised for submission by the individual associated with your customer account (with whom such submission may be associated by name on our website);
you are the sole author and owner of the intellectual property rights thereto;
all “moral rights” that you may have in such content have been voluntarily waived by you;

Termination

In addition to any other rights we may have, we may refuse, revoke or suspend at any time at our absolute discretion including but not limited to circumstances access to our Website or our Services where:

your listings of Products on our Website contain any material that infringes any law, applicable regulations or the rights of any person or entity, including any copyright, trade secret, privacy right or any other intellectual property or proprietary right.
you are supplying information or materials which are in our sole opinion, not reasonable and not for the purpose in which our Website is made available;
you are supplying misleading or inaccurate descriptions of your Products;
you engage in conduct which is unethical;
you are in material breach of our Terms and Conditions, including these Supplier Terms;
you use a false identity; or
you otherwise misuse our system or communication platform on our Website.
Any seafood partner that is unable to maintain the high-level standards of online products on King Seafood Market website or other factor that King Seafood Market deems inappropriate where any kind of inconvenience to a customer or third party has occurred, we as King Seafood Market may at our discretion disconnect or prohibit or restrict a user from the King Seafood Market platform.

DISCLAIMER PRIVACY POLICY

* PLEASE READ THIS LEGAL INFORMATION CAREFULLY

In these terms and conditions, “we” “us” and “our” refers to King Seafood Market. This website and its contents are owned and operated by King Seafood Market. Our website abides by the following Terms and Conditions, as amended from time to time.

These Terms and Conditions are applied in favour of, and enforceable by King Seafood Market.

By using our website, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions you should immediately cease using the website.

The products on this website such as live seafood, fresh seafood, frozen and wholesale seafood are purchased by consumers and other suppliers or wholesalers.

All the products and services are delivered or served by seafood partners, suppliers, and wholesalers all around the world. Suppliers or seafood partners will be responsible for any inconvenience regarding live, fresh, frozen, and wholesale seafood products.

However, our website will not be responsible for any kind of fraud or criminal act or any kind of issues regarding live, fresh, frozen, and wholesale seafood products nationally or internationally.

Our website is an online platform where consumers and suppliers meet not intended as legal, financial and must not be relied on as such. You should make your own inquiries with your suppliers before purchase any seafood products.

We are commission-based platform. We charge 10% commission of total sale of product from seafood partner. If any dispute happened in this platform. King Seafood Market will not be responsible for any kind of issue regarding products services and products deliveries.

Privacy policy

Frauds and scams

We do not permit anyone to exploit our King Seafood Market platform to take advantage of the trust of users and bring about financial or personal harm. We remove content that deceives people to gain an unlawful financial or personal advantage, including schemes to defraud individuals or steal assets nationally or internationally.

Do not post, upload, stream, or share

Content that depicts or promotes frauds.
Content that depicts or promotes Ponzi, or pyramid schemes.
Content that depicts price, weight measurement, quality, quantity of live, fresh, frozen, and wholesale seafood products etc.

Integrity and authenticity

We believe that trust forms the foundation of our online King Seafood Market community. We do not allow activities that may undermine the integrity of our platform or the authenticity of our users. We remove content or accounts that involve spam or fake engagement, impersonation, misleading information that causes harm, or that violate any intellectual property rights.

Platform security

Our policies prohibit any activities that undermine the security and reliability of online the King Seafood Market website and service all around the world.

Do not hack the King Seafood Market website, app, or associated networks, online seafood King Seafood Market or bypass its measures to restrict user access.
Do not distribute files that contain viruses, Trojan horses, worms, logic bombs, or other materials that are malicious or harmful.
Do not modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative products based on online King Seafood Market, including any files, tables, or documentation, nor attempt to regenerate any source code, algorithms, methods, or techniques embodied in King Seafood Market.
Do not use automated scripts to collect information from King Seafood Market.

Thank you for being a part of our King Seafood Market community and working with us to maintain a welcoming space for all users across the world If you come across content or accounts that you believe may violate our Community Guidelines, please let us know so we can review and take appropriate action.

Misinformation

Misinformation is defined as content that is inaccurate or false. While we encourage our King Seafood Market community our seafood partners to have respectful information about products that matter to them, we do not permit Content that misleads online King Seafood Market website about products, services, shipping and cause harm to the Live seafood products, fresh seafood products and frozen seafood products of the quality, quantity, price, weight measurement etc. misinformation that causes harm to individuals, our community, or the larger public regardless of intent.

Do not post, upload, stream, or share

Misinformation that misleading price or products.
Misinformation related to special products and services.
Content that misleads King Seafood Market community about products, service shipping etc.
Digital forgeries synthetic media or manipulated media that mislead King Seafood Market by distorting the truth of products, services, shipping, and cause harm to the subject of the quality, quantity, price, weight measurement of the products etc.

Return Policy

Deliveries – Make sure before ordering online any seafood such as live, fresh, frozen products it is people or consumers, seafood partner or wholesalers’ responsibility to check or confirm from suppliers about the products and Availability of products deliveries before making any purchases.
Any deliveries outside the service areas will not be refundable check with suppliers before order online for delivery.
Depending on the status of the products, we might refuse to refund the live seafood products. If products are live in good condition, then we might charge service charges which can be upto 40% to 70% of the products value.
Frozen seafood products and fresh seafood products are not refundable.
consumers placed an online order for delivery or pickup if consumers conceal their online orders, we will charge between 10% to 20% of products value.
Online placed orders for pickup consumers must pickup from supplier before trading hours finish. For more information for pickup contact suppliers or shop through phone or SMS or emails.
Frozen products are not refundable and not exchangeable. It is consumers or buyer’s responsibility check their frozen or fresh products quality, quantity, size, weight of products and labels properly from products suppliers or wholesalers. King Seafood Market website is not responsible for any kind of inconvenience.
When consumers place an online any products such as live, frozen, fresh, or wholesale products and supplier is out of stock and they paid for the product and if anyone conceal the order. King Seafood Market still charge 10% commission of products value. However, it is buyers or consumers responsibility to check with suppliers before making any purchase.
Consumers can order online, and they can pick up their products from the suppliers shop or wholesalers warehouse check the working hours before visiting them for Pickup by contact through phone or SMS or Email.
If Consumers ordered online Live products for pickup from shop. If they want to exchange or conceal their live products. We can refund depending on live products situation or suppliers or wholesalers. We will charge up to 10% commission of products sale value.

Guidelines for Seafood Partners

This agreement sets forth the legally binding terms and conditions for your use of the Site at

Seafood partner must maintain high level of goods and services King Seafood Market.
Seafood partner must maintain the good relations with the consumers and other wholesalers, suppliers.
Seafood partners make sure the products are in good condition and presentable.
Seafood partners must maintain the proper hygiene in service areas.
Seafood partner should update new price or products and images and all-important information on King Seafood Market website.
If any seafood partner or suppliers or wholesalers act as fraud or criminal act or any harm to King Seafood Market website,we will restrict seafood partners and forbid their payments.
Seafood partners must respond to the online orders as soon as possible.
Seafood partners must tell them deliveries timing or pick-up timing.
Seafood partners make sure the quality and quantity of products is high standard.
Seafood partners make sure that consumers get the right products weight and price of products is right.
Seafood partners should provide clear location of their shop or suppliers or wholesalers address along with authentic phone number.
Seafood partners must provide information regarding pickup hours and closing hours.
Seafood partners must provide deliveries and pickup service information on King Seafood Market website.
We directly transfer to seafood partners Bank Accounts directly after deducting King Seafood Market fee charge.