Terms & Conditions
Terms & conditions
Welcome to Season Fresh.com (“Web Site”). The purposes of this site are to provide service to its customers and information about Season Fresh.com. The following are the basic rules that govern your use of our site.
By using our website, you are accepting the practices described in these terms and conditions (“Terms”) and our privacy policy. If you do not agree to these terms, you may not use this website. Your use of this site binds you to these terms.
Terms and Conditions may change
Since Season Fresh.com may revise this agreement at any time, you should visit this page periodically to review the terms of your use. If you have any questions or comments on our policies, we invite you to contact us.
Availability
Please understand that when an item featured on Season Fresh.com is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us.
Product specification
Details of the products and services available for purchase are set out on the Website. All prices are displayed and charged in USD. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Keep in mind one thing that digital color and printed color aren’t same. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
User Content
Season Fresh encourages members of the public to submit user published content or user content (e.g., submission of reviews, etc.) to Season Fresh for consideration in connection with the Site (“User Content”). User Content remains the intellectual property of the individual user. By posting content on our Site, you expressly grant Season Fresh a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. All User Content is deemed non-confidential and Season Fresh shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any User Content. To submit a request to have content that you have posted removed, contact us without any hesitation.
User Content does not represent the views of Season Fresh or any individual associated with Season Fresh, and we do not control the User Content. In no event shall you represent or suggest, directly or indirectly, Season Fresh.com endorsement of User Content. Season Fresh does not vouch for the accuracy or credibility of any User Content on our Website, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Content on our Website. Through your use of the Website, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons or people acting under false pretense. By using our website, you assume all associated risks.
Un-appropriate User Submissions.
Season Fresh does not encourage and strongly discourages any User Content that results from any activity that: (i) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal; (ii) may create a risk of any loss or damage to any person or property; or (iii) may constitute a crime or create civil liability. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission in our website/social media pages. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind.
You are prohibited from sending or posting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane messages or materials on the Website and the social media pages. You may not post material on the Website/social media pages, or otherwise use the Website in any manner, that could: (i) humiliate, threaten, or injure other people or their property rights, including, but not limited to, intellectual property rights; (ii) violate the privacy or publicity rights of other individuals or entities; (iii) be considered criminal conduct or give rise to civil liability; or (iv) otherwise violate any law or these Terms. You further understand and agree that posting unsolicited advertisements on this Website is expressly prohibited by these Terms. Any unauthorized use of our computer systems is a violation of these Terms.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of your content from this Website and termination of your access to the Website. As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Termination
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. You understand that Season Fresh may permanently delete any data you submit through this Website at any time without notice. Season Fresh will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.
Indemnification
You agree to indemnify, defend, and hold harmless Season Fresh, its officers, directors, employees, agents, licensors (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Limitations of liability
Season Fresh does not assume any responsibility for, and will not be liable for, any damage to or any virus that may infect your computer, equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of or accessing any materials from the website. In no event will Season Fresh, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information, or products contained on or provided in connection with the website, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that Season Fresh shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by applicable law.
In the event of any problem with the website or any content or products, you agree that your sole remedy is to cease using the website or the content or products. In the event of any problem with the products that you have purchased on or through this website, you agree that your sole remedy, if any, is to seek a return and refund for such product or services in accordance with the return policy posted on this website.
Force Majeure
Season Fresh is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Accuracy of Information
From time to time there may be information on our Web Site or in our newsletter that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Season Fresh.com ® reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on Season Fresh.com may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.
Legal information
This website is expressly owned and operated by Season Fresh. Unless otherwise noted, all design and content featured on Season Fresh.com-including navigational buttons and images, logos, artwork, icons, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Season Fresh. This website in its entirety is protected by copyright and applicable trade dress and are protected under USA and international copyright laws. All worldwide rights, titles, and interests are reserved.
The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial, is prohibited without the prior written permission of Season Fresh. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Season Fresh.com You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, non-commercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you.
Any dispute or claim relating in any way to your use of any seasonfresh.store, or to any product or service distributed by Season Fresh will be subject to the laws of Bangladesh and will be resolved by binding arbitration under the Arbitration Act of Bangladesh. If necessary the dispute may be submitted to court in the jurisdiction of Bangladesh.
Copyright Trademark and Ownership
All of the content displayed on the Website, including without limitation, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Season Fresh, its licensors, agents or its Content providers. All elements of the Website, including, without limitation, the Website’s general design, Season Fresh’s trademarks, service marks, trade names (including the Season Fresh’s name, logos, the Website name, and the Website design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents, audio and video found on our website for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the Season Fresh trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Season Fresh’s prior written consent. The use of Season Fresh trademarks on any other website is not allowed. Season Fresh.com prohibits the use of Season Fresh trademarks as a “hot” link on or to any other website unless Season Fresh.com approves the establishment of such a link in writing in advance. The Website, its Content and all related rights shall remain the exclusive property of Season Fresh or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
If you operate as a reseller of the Season Fresh Products, then as between you and Season Fresh, all trademarks, trade names, trade adress, endorsements, icons, designs and logos, as well as any other text or images that appear on packaging or collateral materials, and used in connection with the marketing, promotion and/or sale of Season Fresh’s Products (collectively, the “Trademarks”) are and shall remain the sole and exclusive property of Season Fresh. Season Fresh grants to you the non-exclusive, non-transferable and non-sublicensable right to use the Trademarks solely in connection with its promotion, marketing, and sale of the Season Fresh.com Products pursuant to this Agreement, and only in a manner (a) consistent with the maintenance of the Trademarks and (b) that preserves and protects such Trademarks under applicable USA law. You shall promote, market, and sell the Season Fresh Products using only the Trademarks. When using Trademarks, you shall comply with all WE Season Fresh’s reasonable requests regarding the appearance of the Trademarks on promotional or marketing materials, including but not limited to with respect to use of the ™ and ® designations.
Promotional Codes
On occasion Season Fresh may issue promotions or promotional codes that may be redeemed at the time of check out. These promotions and promotional codes are non-transferable and may only be used by the intended recipient for the relevant product(s); these promotions and codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion, code and reduction redemption when the total value of the promotion and/or promotional code exceeds the price of the item. Multiple promotional codes may not be combined. When a promotion or promotional code has been communicated to a particular individual, the promotion or promotional code is non-transferable. We are not responsible for any financial loss arising out of our refusal, cancellation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.
Advertising Rights
Season Fresh reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Season Fresh and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Season Fresh to sell or offer to sell any advertising, promotion or distribution rights.
Miscellaneous
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the Site in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Site.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Site.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Site and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Site or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
Complaints
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us at: [email protected] We will reply to your complaint as soon as we can and in any event. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority
Insurance
If you operate as a reseller of the Season Fresh Products then at all times that you are purchasing Season Fresh.com Products from Season Fresh.com, you shall, at your sole cost and expense, maintain in force policies of insurance in amounts that are customarily carried by resellers of similar products and, in addition, any insurance policies specified by Season Fresh , including, without limitation, commercial general liability, automobile liability, property damage, products liability, and worker’s compensation. You shall provide Season Fresh.com with certificates of insurance, on the request of Season Fresh.com.
Reseller Limitations
If you operate as a reseller of the Season Fresh.com Products, you agree that you will notify Season Fresh.com of all the ways in which you resell Season Fresh.com Products and that you may only resell the products in those manners that have been approved by agreement between Season Fresh.com and you.
Careers
Season Fresh.com would not be held liable for loss of any data technical or otherwise, information, particulars supplied by job applicant due to force majeure. We will not sell or share any of your details to third party.
