User Agreement between you and SeaMFA.com

TTHE FOLLOWING IS THE USER AGREEMENT AS PRESENTED BY FROSTY FOOD TRADING LLC FOR SeaMFA.com. YOU MUST AGREE TO THESE TERMS BEFORE YOU WILL BE ABLE TO POST ITEMS, OR BID ON THEM. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE, DO NOT USE OUR SERVICES. ONCE YOU CLICK, I ACCEPT BUTTON BELOW, YOU AGREE TO THESE SAID TERMS OF THE USER AGREEMENT BELOW.

Clause 1. Eligibility of membership - This auction site is only available to people who are legally able to form binding contracts with you and the seller/buyer of an auction item. People who are of under age of 18 are not eligible for membership due to security precautions that can result as of those members. If you do not meet these requirements, you are not eligible to use these auction services.
Clause 2. SeaMFA.com is only providing trading & bidding services - We only provide services to people interested in selling and buying merchandise via internet auction. We do not have control over the items that are posted in the auction site, and cannot guarantee the authenticity and quality of a said product. We are not responsible for the actions the sellers take, before, during, and after the auction, typographical errors, miss-prints, loss of merchandise/money, damage or failure of equipment, due to your visit to this auction site. Use of this site is at your own risk, and content is presented 'As-Is'
Clause 3 Bidding and Selling - As a user, you may bid and/or sell merchandise over SeaMFA.com. As a bidder, you know that placing a bid is a binding contract with you and the Seamfa.com, and the bid cannot be retracted unless due to fault of typographical error, or others, due to human error on the seller's part. Once you place a bid, and if you win, you will be obligated to buy the product at the said price you indicated as your bid. Placing a bid on this auction site, and winning, then not paying for the product is illegal, and prosecution can result to you. As a seller, the item that you place up for bids must be real. Once a bid has been placed for your item, you are being placed in a binding contract with the potential buyer of the product, if that bid shall be the highest bid. Once the auction is over, if over reserve price (accepted price), we are obligated to sell to the potential buyer which is the highest bidder in our platform. If, reserve price was not met, you are not obligated to buy. As a seller, you are not in any way to bid on your own items. If reported, your auction will be deleted.
Clause 4. Charges - bidding on an item, and registering are free on this server
Clause 5. Posting Items - As a user, you are welcome to post items up for sale in the SeaMFA.com. We do have restrictions on what items you may sell, and what you may not sell. You may not sell illegal Seafood or Fish banned from export in origin. Seller will be liable and to obtain the Authorities legal approvals for posted products.
Clause 6. Privacy - We gather your information so that other people will have it on hand when they win your auction, or you win their auction. Personal information sent to a user regarding a product bought or sold on the auction is not to be used for any other purpose, except for communication with the auction item.
Clause 7. Warranty – Seamfa.com provide this website in an 'as-is' condition, without a warranty or condition. SeaMFA.com is not liable for any damages resulting in an auction, or your visit to the site.

MEMBERSHIP TERMS

1). It’s absolutely Free of Charge for Membership, no credit Cards required in the Auction.
2). Members are able to register as a buyer, or as a seller. But if you want to buy & sell you have to register in two separate accounts one for buyer and another as seller but with same account name but each with different email address & password.
3) This auction site is only available to people who are legally able to form binding contracts as the seller/buyer of an auction item. People who are of under the age of 18 are not eligible for membership. If you do not meet these requirements, you are not eligible to use these auction services.

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). Since the Bidding is without any deposit, members have to calculate the total max reserved buying bid and max value with expenses to cover the delivery before entering the bidding. Failing to purchase the product after the bidding lead to black listing from our platform.
3). To start Bidding, choose the desired product and adjust the price to bid, and on pressing on the bid bottom the platform immediately will ask you again to place and confirm the bid.
4). The bidding currencies in the Auction Portal are:

• United Arab Emirates dirham (AED)
• United State Dollars (USD)
• European currency (EURO )

All other local charged transactions inside UAE will be in AED, but for International Import/Export, the Seller should decide which currency to sell his product with.
“Frosty Kitchen Foodstuff Trading 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.
5). Local products Auctions are excluded of VAT and 5% VAT should be added to all local live auction prices, and to all 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. Our TRN:100481442000003
6). Awarded Bidder/ should pay directly to products owner as per mentioned terms and conditions.
7). No Commission or hidden charges for Sea Mark Fish Auction (Seamfa.com) on the awarded value.
8). Awarded Bidder/Buyer should settle 100% before or on collecting the products as per terms and conditions mentioned for each product.

• Fresh & Chilled in the next 6 hours after Platform bidding expiry time for local market.
• Fresh, Chilled & Live in the next 3 days after Platform bidding expiry time for International Market.
• Frozen, Dry Fish & Canned in the next 3 days for the local based companies
• Frozen and Dry Fish in the next 7 days for the GCC & International Foreign based companies

9). The local awarded bidders should inspect the product before settling the full amount to seller because once the full amount is paid mean the buyer accepted the product as is and the deal is completed.
10). In case you win the bid and fail to settle the full payment on time, that will lead to the following:

• Buyer will be black listed in our live auction platform.
• The second highest bidder above the accepted price will be approached and have a choice if they are still keen to buy the product.

SeaMFA.com wants to maintain only the serious buyers and to sustain a professional high standard client’s level.
11). Any bidding occurs in the last minute of the bidding, it will lead to an extension of extra 30 minutes to the close bidding time.
12). If any product auction time ended without reaching the Reserved/Accepted price (minimum selling price) this auction is considered cancelled, and seller has no commitment or obligation to sell the stock, unless the seller wants to sell the products under the reserved price and Seamfa.com will contact the higher bidder under the Reserved/Accepted Price if the bidder accepts to buy
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 to the seller.
14). For export operation (the inspection, documentation fee, Insurance, Handling & Freight charges) should be agreed after awarding if it’s not mentioned in delivery clause.
15). For the International buyers, the service of the third-party inspection reports charges will be provided upon buyer request.
16). For the international buyers could ask for the estimated charges for the full set of export documentation (Health certificate, Certificate of Origin, AWB/BOL, Invoice and Packing list with certification) 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.
18) For Traders registered as Seller & Buyer, you are not in any way to bid on your own items, management has the records of all members and all bidding reports in timely manner and if its reported, your auction will be deleted.
19) On adding posts by the registered sellers, the posts will be verified from admin department and they will contact the seller to fix the auction platform commission included in the accepted price, which it will be very low and convenient for sellers.
Contact us on WhatsApp us at +971547006458 if the sellers have any inquiry.
20). Sellers commitment with seamfa.com before posting will be by issuing a Proforma Invoice (PI) to Frosty Food Trading LLC with special instruction to hold the goods during Auction decided period. And no need to hold the stock with any middle storage facility.

TERMS WHICH APPLYS TO ALL MEMBERS

1). 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
2). 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.
3). By agreeing to the terms, you give us permission to verify the authenticity of your details by calling you at the submitted phone number.
4). Frosty Food Trading 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
5). "(“Frosty LLC”)"owns all Intellectual Property Rights in this Website and the Service, including without limitation, the design, text, graphics, the selection and arrangement thereof.
6). "(“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 Food Trading LLC “ & “ Frosty Food Trading LLC “ will not accept any negative impact on any related parties and admin staff including the Managing Director, and the managing director of “Frosty Food Trading 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 Food Trading 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) “Frosty Food Trading 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 Food Trading LLC” will not be held responsible for results.
5). “Frosty Food Trading LLC “ does not guarantee any of the declarations, specifications, information5 and/or particulars provided by the supplier or third party, including but not limited to (Ownership guarantees , information included in any enclosed examination report , product state & quality, year of manufacture, product exportability and the Municipality’s acceptance report) and the supplier solely will be liable for what offering and the buyer task is to inspect the products and related documents for local or export and has the full right to reject if any information mentioned in the Trading Platform not identical to the product.
6). The Seller undertakes that the full set of documents and reports presented for posting the auction products are solid true and physical, as indicated in their submitted template including the delivery location and date
7). If buyer request for services, like handling & transportation delivery and others our team will contact him to discuss and provide the charges.
8). We recommend that the final settlement payment of International awarded buyers for local products will be after approved product inspection by assigned third party. The assigned third party charges will be covered from buyers on agreement
9) We recommend that the final settlement payment of local purchaser to international supplier will be after direct or third-party inspection or upon approval of both parties, Seamfa.com is only providing auction services.
10). Buyers’ credentials of” (SEAMFA.com)” should be kept secretly with them and not to be given to any person or 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 from the final results of bidding.
11). “Frosty Food Trading 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 Food Trading LLC “has the right to add or change the services fees provided by the site, when needed or on the new services that will be added.
13). You 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). You 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 frostyfoodstuff@gmail.com, or by calling/WhatsApp us at +971547006458.
15). “Frosty Foodstuff Trading 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 Food Trading LLC “is not liable for any indirect loss, consequential loss, loss of profits,6 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 Food Trading 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 Food Trading LLC “shall not be liable for any interruption to the Service, whether intentional or otherwise.
19). “Frosty Food Trading LLC “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 Food Trading LLC “is not liable for any failure caused in respect of its obligations hereunder which result directly or indirectly from failure or misconduct of sellers or buyers by giving false information or any misconduct like withdrawing from their obligation as per our agreement. this conduct will force us to block and black list the company/member from our website. “Frosty Food Trading LLC “is willingly to achieve sold deals strictly without any delay or failure with true reliable seller & buyers.
21). “Frosty Food Trading 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 Food Trading 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 Food Trading LLC “prior written consent.
3). “Frosty Food Trading 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 Food Trading LLC “enforcing any provisions of this7 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 Food Trading LLC “may take action in any relevant jurisdiction.

Suspension/Termination of Service and Refund Policy

1). “Frosty Food Trading LLC “has the right to suspend a member access to the Service as per the Terms & Conditions of the Agreement entered between the two parties.
2). “Frosty Food Trading LLC “reserves the right to terminate a Member Agreement at its discretion if it deems such termination appropriate, notifying the Member by email.