PRIVACY POLICY

About KolkataFish

KolkataFish is a FreshBox Fresh Food LLP Group Company which is the legitimate owner of brand FreshBox and the domains/websites thereof i.e.freshbox.in, kolkatafish.com hereinafter is termed as FreshBox . 

“FreshBox respects the privacy of it’s customers at an utmost importance.” 

The Privacy Policy mentioned below details out the way, as in what and how the data is safely collected and used by FreshBox and our domains/websites. We recommend that you read the Privacy Policy carefully. By accessing the data and/or services provided by FreshBox or any of its associated brands, domains or websites, you agree to the collection and use of your data as detailed in this Privacy Policy.

What personal data we collect and why we collect it

As part of the registration, login and/or ordering process we may collect the few personal identifiable information about our valuable customers which includes Name, Email Address, Mobile number or any other Phone numbers and other contact details, demographic profile if any as entered. We do collect information about the pages you visit/access on our site, the links you click, the number of times you access the page, etc.

Eligibility
Services of FreshBox would be available to only selected geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and/or the sale or purchase of which to/by minors are strictly prohibited.

Account & Registration Obligations
When available and applicable, all shoppers would have to register and login for placing orders on FreshBox. After registration you may decide to shop by becoming a member or as a non-member. You have to keep your account and registration details current and correct.

License to use & Site Access
FreshBox grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FreshBox. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FreshBox. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FreshBox and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing FreshBox Fresh Food LLP’s name or trademarks without the express written consent of FreshBox. Any unauthorized use terminates the permission or license granted by FreshBox.

Pricing
All the products listed on FreshBox will be sold at prices mentioned unless otherwise specified. The prices mentioned on the site at the time of placing an order are applicable to the customer on the date of the delivery. Currently orders are placed for next day and/or a maximum of plus 2 days delivery and we offer customers the options to send a comment or call us to delay delivery if they so require. We allow the customer up to 7 days delivery deference from date of placing the order and there is no change in price to the customer after placing the order and if delivery is taken on the scheduled date. If delivery is not taken on scheduled date, the order is cancelled and the customer has to place the order again at whatever the existing prices are at that time. If the customer has prepaid for the order he/she can ask for a refund or ask for store credit and it provided to him within 4 to 5 working days of such request. Certain categories are not included in some promotions and therefore may not enjoy discounts offered.

Cancellation by FreshBox / Customer
You as a customer can cancel your order before it is dispatched from our premises by calling us on  +91 9674879149 and we will refund any payments already made by you for the order in the same method as you have used to pay us. This is applicable to Frozen Products Only. Fresh products are cut after order is placed and must be cancelled at least 2 hours prior to delivery slot opted for at the time of placing the order. As a policy we make no deductions (bank changes or similar) when making a refund unless otherwise expressly communicated to the customer by phone and by email. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

Refunds, Returns & Replacements
Fresh Frozen – Raw or Heat & Eat
The returns policy entitles all customers to return the product if upon defrosting it has gone bad or smells bad. Just call us immediately and we will have it collected for testing and provide you the replacement product(s).

Note: All frozen products must be stored in your freezer at all times. Defrosted products should be cooked and/or heated and consumed within a couple of hours. Defrosted products should NEVER be re-frozen.

Chilled
The return policy entitles all customers to return the product ONLY at the time of delivery. Just don’t accept the delivery and have it sent back. We will have sent out for testing and provide you replacement product(s) and/or refund as per your choice.

Note: All chilled products must be stored in the fridge at all times. Products taken out or left outside the fridge should be cooked within a couple of hours.

We offer this policy in good faith and only expect the same in return from our customers. We do not offer any refunds or returns on products already cooked by you and final decision on refund/return/replacement always resides with Freshbox.

You Agree and Confirm

• That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Freshbox for re-delivery shall be claimed from you.
• That you will use the services provided by Freshbox, its affiliates (Freshbox Fresh Food LLP), consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Website and transacting on the Site or in person.
• You will provide authentic and true information in instances where such information is requested of you. Freshbox reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
• That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website
• That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
• That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
• You can request refund/return/replacement of Fresh / Chilled products at the time of delivery only and cannot and will not entertain refund/return/replacement requests after that time given the perishable nature of the products.
• All requests will be tended to within 48 hours of request being registered and will be fulfilled within 1 to 3 days incase of replacement and 7 to 21 days in case of refunds in the same mode as payment was made.
• All refunds will be made in the form the payment was received by Freshbox Fresh Food LLP. For e.g. if you have made a payment using Net Banking and have requested a refund for any reason and if this request as been accepted, then the money will refunded to you back into the account from where the payment was made. This is an automated process via the payment gateway and can take between 3-8 days for the money to be credited back into your account.

You may not use the Website for any of the following purposes:

• Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
• Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
• Gaining unauthorized access to other computer systems.
• Interfering with any other person’s use or enjoyment of the Site.
• Breaching any applicable laws.
• Interfering or disrupting networks or web sites connected to the Site.
• Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Delays
Freshbox assumes all the responsibility for Non delivery / wrong delivery of foods, quality of foods, and delay for any reason whatsoever except when no one is available at your shipping address and/or we cannot reach you on the numbers you have provided or if the Force Majeure clause is called in to effect.

Colours
We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

Modification of Terms & Conditions of Service
Freshbox may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms of Use at any given time on Freshbox. You should regularly review the Terms of Use on Freshbox. In the event the modified Terms of Use is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this site and of services offered by Freshbox.

Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kolkata shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Freshbox and his/her decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kolkata. The Court of Judicature at Kolkata alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Freshbox on or by this Website or otherwise disclosed, submitted or offered in connection with your use of Website (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Freshbox of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Freshbox owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Freshbox will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Freshbox is and shall be under no obligation:

• to maintain any Comments in confidence
• to pay you any compensation for any Comments; or
• to respond to any Comments.

You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

Freshbox does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Freshbox the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Freshbox and its affiliates for all claims resulting from any Comments you submit. Freshbox and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark
Freshbox and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Freshbox or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Freshbox Fresh Food LLP .Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Freshbox Fresh Food LLP. You may not modify, distribute or re-post anything on this website for any purpose.

The Freshbox names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Freshbox Fresh Food LLP. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Freshbox endorsement, sponsorship or recommendation of the third party, information, product or service.

Freshbox is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Freshbox or their suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Freshbox ,one of its affiliates or by third parties who have licensed their materials to Freshbox and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Freshbox and is also protected by Indian and international copyright laws.

Objectionable Material
You understand that by using this Website or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, Freshbox and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity
You agree to defend, indemnify and hold harmless Freshbox , its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or in-actions, which may result in any loss or liability to Freshbox or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination
This User Agreement is effective unless and until terminated by either you or Freshbox. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Freshbox may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Freshbox. Upon any termination of the User Agreement by either you or Freshbox , you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Freshbox Fresh Food LLP.’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether war declared or not) or threat or preparation foe war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
• Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport
• Impossibility of the use of public or private telecommunication networks
• The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.