Terms & Conditions

Terms and Conditions

MEMBERSHIP TERMS

1). To register as a buyer or as a Seller member to view the Auction bidding platform is free of Charge
2). The annual membership fee is free of charge till further notice.
3). To register as an Active member to participate in live auction, only registration is required and your account should go through verification and approval of the administration team to activate your account.
4). Members are able to register as a buyer, or as a seller, or both, but in that case each account should be used independently.

BIDDING & OPERATION TERMS

1). For the new Members require 24 hours max for account activation to allow them to participate in the live auctions.
2). To start Bidding, choose the desired product and adjust the price to bid, and on pressing on the bid bottom the platform immediately will calculate and request you to pay the 10% security deposit. After payment you will receive a receipt by email, and on your Dashboard go to My Transactions you will find your receipt copy. Please note that the manual payments for 10% security deposit could be done by, Telex Transfer, Cash deposit to our bank account or direct to authorized accountant in our office.
3). Methods of payment for the 10% security deposit

  • Online payment
  • Online/Pay from my Wallet
  • Manual (Telex Transfer, Cash deposits & payments).

    4). Scenarios for the 10% security deposit

  • If you win the bid; your security deposit amount will be deducted from the total value of the final settlement amount.
  • If you lose the auction or the bidding didn’t reach the accepted price and the auction close. Your security deposit amount will be It will deposited automatically and immediately in your Account Wallet.
  • If you request ro refund of your deposit, the refund will be the same method of payment, please read clause 5.
  • If you are willing to start bidding again for another auction, you can pay the security deposit from your account wallet.

5). The 10% Security Deposit is fully refundable during a period of maximum period of 1-7 working days maximum for Cash deposits and local Telex Transfers, and maximum 21 days for online credit cards payments, and regarding the International Telex Transfer will established during the 1-7 days maximum and the proof to track the transfer will be provided.
6). The bidding currencies in the Auction Portal are:
  • United Arab Emirates dirham (AED)
  • United State Dollars (USD)
  • European currency (Euro )
All other local transactions inside UAE the currency will be in AED, but for Import/Export, the Seller should decide which currency to sell his product with. "(“Frosty LLC”)" will not be liable for any loss due to a conversion rates between currencies and for any other extra charges raised from the bank transfers.
7). VAT will be added to all local live auction prices, administration fees, fines, storage fees and all other charges as per Federal tax authority FTA law no. 8/2017 published by the Government of UAE.
8). Seamark Fish Auction has the power to block your live bidding auction if your total wallet account funds do not reach the 10% security deposit from the total product auctioned value, unless you have a prior written approval from "(“Frosty LLC”)". The buyers are fully responsible to secure right figure of the10% value deposit to secure the bidding requirement.
9). Awarded Bidder/Buyer must settle full auction remaining amount which approximately equivalent to 90% before or on collecting the products.
  • Fresh & live Fish in the next 6 hours
  • Frozen and Dry Fish in the next 3 days for the local companies.
  • Frozen and Dry Fish in the next 7 days for the GCC & International Foreign companies
Method of Payments are: Online payments, Telex transfer & Cash deposit. The full amount should be settled after inspection before the delivery/shipping or cash on delivery for local deliveries.
10). The local awarded bidders should inspect the product before settling the full amount to "(“Frosty LLC”)" or before cash on delivery (COD) term and once the full amount is settled that indicates the buyer accepted the product as is and the deal is completed.
11). Security deposit amount will not be refunded in case of bid winner (Buyer) fail to settle the remaining amount in the agreed period and that will lead to the following:
  • Security deposit will not be refunded.
  • Buyer will be black listed in our live auction platform.
www.seamfa.com wants to maintain only the serious buyers and to sustain a professional high standard Clients. If the Awarded Party failed to settle the product value in the assigned timing, the second highest bidder above the accepted price will have a choice if they are still keen to buy the product
12). Any bidding occur in the last minute of the bidding, it will lead to an extension of extra 30 minutes to the close bidding time.
13). The Awarded Products will be despatched (handover) only to the authorized registered member authorized party and the invoice will be issued in the same name of the registered account owner. The settlement payment should be transferred or deposited from/by the registered member account in www.seamfa.com.
14). For the export documentation fee, Insurance, Handling & Freight charges currency should be agreed after awarding if not mentioned in delivery clause.
15). For the International buyers, the service of the third party inspection reports charges will be provided upon their request.
16). For the international buyers the estimated charges for the full set of export documentation (Health certificate, Certificate of Origin, AWB/BOL, Invoice and Packing list with certification ) will be provided on request before the bidding.
17). For the international buyers a quotation will be provided upon request for the freight charges to destination ports for Airfreight, sea freight or land transport.

TERMS WHICH APPLYS TO ALL MEMBERS

1). The Members hereby warrants to "(“Frosty LLC”)" that it is at least eighteen years of age and legally able to enter into live Auction & set an order.
2). In registering for this Website, the Members must provide true, accurate, current and complete Registration Details which the Members must update after any changes (except age) before using the Website for further services in the future.
3). The Member’s Registration Details and data relating to its use of the Website will be recorded by "(“Frosty LLC”)"but this information shall not be disclosed to third parties (otherwise than on an aggregated, anonymous basis) nor used for any purpose unrelated to the Website.
4). By agreeing to the terms, you give us permission to verify the authenticity of your details by calling you at the submitted phone number.
5). "(“Frosty LLC”)"reserves the right to suspend or terminate a Member’s account where, in its absolute discretion, it deems such suspension appropriate. In the event of such suspension or termination, "(“Frosty LLC”)"will notify the Member by email and the Member must not seek to re-register either directly or indirectly through a related entity.
6). "(“Frosty LLC”)"owns all Intellectual Property Rights in the Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.
7). "(“Frosty LLC”)"takes reported and actual infringement of Intellectual Property Rights and fraud extremely seriously and whilst Members cannot hold "(“Frosty LLC”)"liable in relation to such issues, "(“Frosty LLC”)" requests all Members to report such matters immediately and "(“Frosty LLC”)" shall inform the appropriate authorities.

LIMITATION OF LIABILITY

1). Any conflict or misunderstanding rise due to misinterpretation or misconduct of any related parties could not be used against "(“Frosty LLC”)" "(“Frosty LLC”)" will not accept any negative impact on any related parties and admin staff including the Managing Director, and the managing director of "(“Frosty LLC”)" will confirm its commitment to the regulations and laws, note that any new regulations by the authorized official, either verbally or in writing, its recommend to read these regulations and laws which governing its own relationship with its clients.
2). "(“Frosty LLC”)" has no responsibility whatsoever due to any problem raised from the members Internet Service provider problem (ISP) or their provider service in house problems or any delay happens or occur from the bidder station during the active auction time, and, awarding will be only on actual data received on active bidding time on our server and the data received by the programme which leads to the results on closing auctions time is final.
3). Also "(“Frosty LLC”)" has no liability if any problem raised from any service providers contracts with our bidders.
4). User name and passwords should be kept confidential especially for the buyers and any miss conduct for any bidding occurred from buyer account "(“Frosty LLC”)" will not be held responsible for results.
5). "(“Frosty LLC”)" does not guarantee any of the declarations, specifications, information and/or particulars provided by the supplier, including but not limited to (Ownership guarantees , information included in any enclosed examination report , product state , year of manufacture, product exportability and the Municipalities report ).
6). The supplier undertakes that the full set of documents and reports presented for posting the auction products are sold true and physical, as indicated in their submitted template including the delivery location, The Buyer is responsible for checking all the data, specification and information related to the state of the item, before start bidding and subject to final physical inspection or third party inspection assigned if requested before final settlement and delivery.
7). I agree on that if any auction product ended without reaching the accepted price (minimum selling price) the auction is cancelled, and that’s mean the buyer with the highest bid below the accepted price has NO rights to request to buy the product.
8). I undertake that I will not use the site if I do not have the legal authority to bid, or if I am under the age of 18, or if I am banned from use of this Site, whether temporary or definitive basis.
9). I undertake to complete the process of paying the value of the awarded Auction that I have purchased. Not be manipulated with respect to the price of the auction and regulations, the obligation not to get round the conduct of auctions. Not to be false or incorrect or misleading or that would challenge or discredit any of the parties
10). Not to handover my login password of ”(SEAMFA.com)” to any other parties without prior permission. All transaction will be registered in the original registered name and buyer will be held responsible for any misconduct occurs in live bidding and no return results from this action.
11). "(“Frosty LLC”)" has the right to determine or to suspend or terminate any of the services provided by the site, or take action electronic or legal to prevent users from entering the site without warning.
12). "(“Frosty LLC”)" has the right to add or change the services provided fees by the site, when needed or on the new services that will be added.
13). I undertake as a user of the site not to use the robot, spider, scraper or other automated means to access the robot exclusion headers contained in the site without prior permission for any reason.
14). I undertake not to do any activity that would adversely affect the infrastructure of the site. Influence or attempt to influence the functionality of the Site or any activity of its activities. Prevent site users to access, process, or to limit access to a particular class in any way. Send your complaints to Frostyfoodonline@gmail.com , or by calling us at 0547006458
15). "(“Frosty LLC”)" will ensure to the highest level that the seller report should match the Products offered and posted for sale at the Auction Portal and the specifications set forth by the report of the examination, note that it does not guarantee any other aspects related to product displayed either related to the validity, International commercial value or condition of the Product. Buyers should inspect the and accept the product before settlement.
16). "(“Frosty LLC”)" is not liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any Member arising in any way in connection with this Agreement or for any liability of a Member to any third party.
17). Whilst "(“Frosty LLC”)"will make all reasonable attempts to exclude viruses from the Website, it cannot ensure such exclusion and no liability is accepted for viruses. Thus, the Member is recommended to take all appropriate safeguards before downloading information or any Material from the Website.
18). (“Frosty LLC”)" shall not be liable for any interruption to the Service, whether intentional or otherwise.
19). "(“Frosty LLC”)" is not liable for any failure in respect of its obligations hereunder which result directly or indirectly from failure or interruption in software or services provided by third parties.
20). "(“Frosty LLC”)" is not responsible for the direct or indirect consequences of a Member linking to any other website from the Website.

WARRANTIES AND INDEMNITY

1). Material has not been written to meet the individual requirements of the Member and it is the Member’s sole responsibility to satisfy itself prior to entering into any transaction or decision that the Material is suitable for its purposes.
2). All warranties, express or implied, statutory or otherwise are hereby excluded.
3). The Members hereby agrees to indemnify "(“Frosty LLC”)" against all liabilities, claims and expenses that may arise from any breach of this Agreement by the Member.

General

1). If any provision of this Agreement or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
2). The Members may not assign or otherwise transfer its rights or obligations under this Agreement without "(“Frosty LLC”)" prior written consent.
3). "(“Frosty LLC”)" shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.
4). Any delay or forbearance by "(“Frosty LLC”)" in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
5). This Agreement shall be governed by and construed in accordance with the laws of Dubai, and the parties submit to the non-exclusive jurisdiction of the Courts of Dubai, save that "(“Frosty LLC”)" may take action in any relevant jurisdiction.

Suspension/Termination of Service and Refund Policy

1). "(“Frosty LLC”)" has the right to suspend a Members access to the Service as per the Terms & Conditions of the Agreement entered between the two parties
2). "(“Frosty LLC”)" reserves the right to terminate a Member Agreement at its discretion if it deems such termination appropriate, notifying the Member by email. If it does so, "(“Frosty LLC”)" will provide a pro-rated refund based on the service used in the form of cheques or refund on the card.
3). In the cases of fraudulent or disputed transactions the customer should refer to their credit card provider. In all instances of payments, the customer is liable for any levied charges by the bank(s) or the credit card clearance provider.