By visiting www.getfreshline.com or by using the Freshline
application on the Android or iOS Operating Systems [hereby referred as 'the
Platform'], you agree to the following terms and conditions. Please
read these Terms & Conditions carefully before agreeing to be bound by the same. If
you do not agree to be bound by the Terms & Conditions, do not access or use the
Platform.
This Platform is provided by Freshline Market. By using this Platform or by
placing any purchase orders using the Platform, you agree to abide by the terms and
conditions set forth herein. Only upon acceptance of the terms
contained herein, you will be entitled to submit electronic orders. Any violation of
the terms will result in termination of your account.
The Platform is intended for business-to-business use and is not intended for use
by persons under the age of 18.
By registering with the Platform you can access or view the prices of products, reserve products and fulfill/sell seafood electronically. You are responsible for using the Platform in a private and secure manner. Coastline Market will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic; or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm or other harmful component;
(c) Upload, post publish, transmit, reproduce, or distribute in any way, information, software other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and password.
By using and/or accessing the Platform individuals agree to the following:
(a) Not to intentionally or unintentionally engage in or encourage conduct that would violate any applicable local, state, national or international law, rule, regulation, judicial or government order or treaty or give rise to civil liability or violate or infringe upon any intellectual property, proprietary, privacy, moral, publicity or other rights of ours or of any other person or entity;
(b) Not to use the services provided on the Platform for any unlawful purpose or to engage in any commercial activities not specifically enumerated in the Terms of Service, including, without limitation, buying or selling credits, raising money, advertising or promoting a company; or engaging in any pyramid or other multi-tiered marketing scheme;
(c) Not to intentionally or unintentionally engage in or encourage conduct that adversely affects or reflects negatively on Freshline Market, our goodwill, name or reputation or causes duress, distress or discomfort to us or anyone else, or discourage any person or entity from using all or any portion features or functions of the services provided on the Platform, or from advertising, linking or partnering with Freshline Market in connection with the services provided on the site.
(d) Not to upload, post, email, transmit or otherwise make available any content that infringes on any copyright, trademark, or other proprietary rights of any person or entity or is threatening tortious, defamatory, libelous, indecent obscene, pornographic, invasive of another’s privacy or promotes violence; or discloses any personal information about another person, including that person’s name, email-address, postal address, phone number, credit card information or any other similar information.
(e) Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Not to “stalk” or otherwise harass another.
(g) Not to interfere with or attempt the interrupt the proper operation of Freshline Market in any way, without limitation, through the use of any virus, device, information collection or transmission mechanism, software or routine or access or attempt to gain access to any data, files, or passwords related to the services of Freshline Market through hacking password mining, or any other means.
Freshline Market reserves the right to investigate and take appropriate legal action against anyone who in Freshline Market’s sole discretion, violates or is suspected of violating, this Section 3, including, without limitation, reporting you to law enforcement authorities. Further, you acknowledge, consent and agree that Freshline Market may access, preserve and disclosure your account and registration information and any other content or information at its discretion if it is required to do so by law or if based on a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or information violates the right of any third party; (d) respond to your requested for customer or technical service; or (e) protect the rights, property or personal safety of Freshline Market, its users or any third parties.
By accessing or using this site individuals recognize that this terms of use can be modified or changed at any given time at the sole discretion of Coastline Market. It is the responsibility of the individuals who access or use this site to remain informed concerning changes or modification of the terms of use.
You understand that use of the Services may result in charges to you for the services or goods you receive from a subcontracted delivery agent (hereby recognized as a “Third Party Provider”) (“Charges ”). After you have received services or goods obtained through your use of the Service, Coastline Market will facilitate your payment of the applicable Charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Freshline Market. Freshline Market will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.
All Charges are due immediately and payment will be facilitated by Coastline Market using the preferred payment method designated in your Account, after which Freshline Market will send you an invoice by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Freshline Market may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and Freshline Market, Freshline Market reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Freshline Market’s sole discretion. Freshline Market will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Freshline Market may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Any representation by Freshline Market (on Freshline Market’s website, in the Application, or in Coastline Market’s marketing materials) to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Freshline Market provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so.
(a) By accessing or using this site individuals recognize that Freshline Market is not responsible for the products or any adverse affects of the products on this site. Freshline Market cannot be held liable for any effects in this regard.
(b) Any Platform malfunction, including but not limited to: transaction error, identity theft or obstruction of access to information will be diligently monitored by Freshline Market who will take preventative action to ensure such cases are extremely infrequent. However, by using or accessing this site individuals recognize that Freshline Market is not responsible for losses resulting from Platform malfunction.
In the course of using the Platform, users will be asked to provide certain
information to Freshline Market. Users acknowledge and agree that they are
solely responsible for the accuracy and content of such information.
If users contact Freshline Market with any information, including but not
limited to feedback, data, questions, comments, suggestions, or the like such
information shall NOT be deemed confidential. All such submission
shall be deemed property of Freshline Market and users’ submission of
information shall constitute irrevocable assignment to Freshline Market of all
worldwide rights, titles and interests in and to such information.
Freshline Market’s uses of any personal information (name, etc.) users
provide, shall be governed by Freshline Market’s privacy policy. For Further
information regarding Freshline Market’s protection of users' personal
information, please refer to Freshline Market’s Privacy Policy.
Users of the Platform agree that the following actions are prohibited and constitute a material breach of the Terms of Use. These prohibited actions are not meant to be exhaustive and Freshline Market reserves the right to determine what types of conduct it considers to be inappropriate use of the Platform. In the case of inappropriate use, Freshline Market may take such measures as it determines in its sole discretion. By the way of example and not as a limitation, users agree that when using the Platform they will not: (a) use the Platform for any purpose or to take any actions in violation of the local, state, national or international laws, regulations, codes or rules; (b) take any action that imposes an unreasonable or disproportionately large load on the service infrastructure or otherwise in a manner that may adversely affect performance of the Platform or restrict or inhibit any other user from using or enjoying the services provided by the Platform; (c) Use Freshline Market for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the content on Coastline Market; (d) aggregate, copy, duplicate, publish, or make available any of the content of Freshline Market to third parties outside of Coastline Market in any manner; (e) collect information about others including email addresses, without their consent; and (f) engage in any other action that, in the judgment of Freshline Market exposes it or any third party to potential liability or detriment of any type.
Other than as expressively set forth in the Terms of Use, the services provided by Freshline Market are provided “AS IS” and “WITH ALL FAULTS” and without warranty of any kind. Users agree that the use of the Platform is at their own risk.
Freshline MARKET MAKES NO WARRANTIES OF ANY KIND TO ANY USER OR THIRD PARTY WITH RESPECT TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OPERABILITY OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY Freshline MARKET AND WAIVED BY THE USER. FOR EXAMPLE, Freshline MARKET DOES NOT MAKE ANY COMMITMENTS ABOUYT THE CONTENT AVAILABLE THROUGH THE PLATFORM, THE OPERATION OF THE PLATFORM, THE OUTPUT OF THE PLATFORM OR THE RESULTS OF THE PLATFORM.
USERS AGREE TO INDEMNIFY, DEFEND AND HOLD Freshline MARKET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LISCENSEES, SERVICE PROVIDERS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEEDS, RELATING TO, OR ARISING OUR OF (A) USE OF OR RELIANCE ON THE SERVICES OR ANY CONTENT OR USER CONTENT, INFORMATION, PRODUCTS, SERVICES, ACTIVITY, INCLUDING THE USE OF ANY OTHER APPLICATION, SOFTWARE OR HARDWARE IN CONJUNCTION WITH OR AVAILABLE THROUGH THE SERVICE, (B) VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS OR THE RIGHTS OF Freshline MARKET OR ANY THIRD PARTY AND (C) UNAUTHORIZED USE OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, Freshline MARKET DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIDENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSES OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF Freshline MARKET HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
Some Jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to users of the site. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Freshline Market at any time by sending an email to hello[at]getfreshline.com indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
The Terms of Use control the relationship between Freshline Market and the user.
They do not create any third party beneficiary rights.
If there is a conflict between the Terms of Use and additional terms agreed
to by the user and Freshline Market, the additional terms will control for that
conflict.
If the User does not comply with the Terms of Use and Freshline Market does
not immediate take action, Freshline Market is not giving up any rights that
Freshline Market may have (such as the right to take action in
the future).
Any cause of action or claim the user may have with respect to these Terms
of Use must be commenced within six (6) months after the claim or cause of
action arises or such claim or cause of action shall be barred.
If it turns out that a particular term or section of the Terms of Use is
not enforceable this will not affect any other term or section of the Terms of
Use.
The laws of the Province of Ontario, without reference to conflicts of law
principles, will apply to the Terms and any disputes arising out of or relating
to the Terms of Use. All claims arising out of or relating
to the Terms of Use shall be litigated exclusively in federal or provincial
courts of Ontario, Canada and the user and Freshline Market consent to personal
jurisdiction in those courts.
The user irrecoverably waives the right to trial by jury, and the user
agrees, to the fullest extent permitted by law: (a) no claims by the user shall
be joined with any other and the user agrees not to participate
in any claim brought by others; (b) THE USER HAS NO RIGHT OR AUTHORITY FOR ANY
DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION
PROCEDURES; and (c) you have no right or authority for any dispute
to be brought in a purported representative capacity on behalf of the general
public or any other persons.
The Platform and its services are controlled within Canada and are directed
to individuals rising in Canada. Those who choose to access the Services from
locations outside of Canada do so on their own initiative, and
are responsible for compliance with local laws if and to the extent local laws
are applicable. Freshline Market does not represent that its services or its
content are appropriate outside of Canada. Freshline Market
reserves the right to limit the availability of its services for any person,
geographic area or jurisdiction at any time in its sole discretion.
Freshline Market may assign or transfer any or all of its rights and
obligations under these Terms of Use without restriction and without notice to
its users.