SNOW Platform [refer definition 1(a)] is owned by Mr. Deepak Toshniwal having address at _______________________________ (hereinafter referred as ‘Owner’ or ‘Company’). The Company through its platform provides facilities to its Visitors, User and Registered Users to purchase various Food products, Apparels and Clothing’s, Jewelry, electronics, cosmetics, chemicals, and FMCG items through booking of online orders (hereinafter referred to as ‘Services’). SNOW Platform helps the Registered User [refer definition 1(d)] to purchase various Food products, Apparels and Clothing’s, Jewelry, electronics, cosmetics, chemicals, and items through booking of online orders by registering (creating account on SNOW platform) and becoming Registered User.
By accessing SNOW Platform, the Visitors, User and Registered Users agrees to abide by and bound by the Terms and Conditions of SNOW Platform. The Terms and Conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of the SNOW Platform by the Registered User.
Please read this Agreement carefully. By singing in or logging on the SNOW Platform the Registered User accepts the terms and conditions and by default follows the terms and conditions of SNOW Platform. Visitors, User and Registered Users are advised to regularly check for any amendments or updates to the terms and conditions from time to time.
The SNOW Platform reserves the right to modify the terms and conditions of the Service Agreement ("Terms of SERVICE") and Disclaimer without any prior notification. Visitors, User and Registered Users are advised to regularly review the Terms of Service. If the Visitors, User and Registered Users does not agree with any of the Terms and Conditions and any amendments thereto, then Visitors, User and Registered Users shall refrain from using the SNOW Platform and/or Services.
These Terms and Conditions constitute a binding legal agreement between the Owner and Visitors/User/Registered Users; and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.
The Agreement between the Registered User and the SNOW Platform shall be subject to following Terms and Conditions: –
1. Definitions:
The terms wherever used shall unless contrary, carry the meaning as given under:
a) “SNOW Platform” means and includes the SNOW’s Website owned by SNOW Private Limited on Internet and respective stores.
b) “Agreement” means the Terms and Conditions contained herein along with any Privacy Policy of any other Website/Application/Portals whose links are provided on SNOW Platform. It shall also include reference to this Agreement as and when amended, novated, supplemented varied or replaced.
c) “Visitor” means and includes any person who visits the SNOW Platform to see the various services provided by the Company through its SNOW Platform.
d) “User” means and includes any person who uses the SNOW Platform to see the various services provided by the Company through its SNOW Platform.
e) “Registered User” means and includes any person who registers with the SNOW Platform by accessing the SNOW Platform through
https://snowbiiz.com/ and/or registering on the SNOW’s Mobile Application by providing his/her/their required predefined details along with the payments.
f) “Seller” means and includes ________________________________________________.
g) “Order” shall mean the purchase of products listed on the SNOW Platform where in the Visitor/User/Registered User has agreed to purchase as per the terms and conditions and at price indicated on the SNOW Platform.
2. Eligibility, Registration and Termination:
a. SNOW Platform can be accessed by going on https://snowbiiz.com/ website as per the requirements of the Visitors/User/Registered Users. SNOW Platform can be used/accessed only by persons who are able-bodied individuals and can form a legally binding contract under the Indian Contract Act, 1872. If Visitors/User/Registered Users is a minor i.e., under the age of 18 years, you may use SNOW Platform only with the involvement of a parent or guardian or under supervision of an organization etc. The Registered User may use SNOW Platform and shall have access to the platform while a Visitor and/or User can also register on the SNOW Platform and creates an account to become a Registered User and get complete access to SNOW Platform.
b. While creating an account and to become a Registered User, the Visitor and/or User has to provide his/her/their personal information such as Email, his/her/their first and last Name, Phone Number. Thereafter Visitor and/or User will receive a system generated email for setting up personal password. After clicking on the link provided in the email Visitor/User can setup a password for his/her/their account. Thereafter Visitor/User has to login and then Visitor/User become a Registered User.
c. For User/Registered User to become a Seller the User/Registered User has to provide his/her/their personal information such as Email, his/her/their first and last Name, shop name, URL/website, Phone Number, GST Number. Thereafter Visitor and/or User will receive a system generated email for setting up personal password. After clicking on the link provided in the email Visitor/User can setup a password for his/her/their account. Thereafter Visitor/User has to login and then Visitor/User become a Seller.
d. The Registered User agrees that the Information provided by him/her/them at the time of registration is true, complete, and correct and that any change in the Information will be updated to the Owner with immediate effect of the change. If the Information details are found not to be true (wholly or partly), the Owner has the right in its sole discretion to reject the registration and debar the Registered User from using the Services of the SNOW Platform and/or other affiliated Website/Websites without prior intimation whatsoever.
e. After completion of registration, Registered User has to sign in on the website of SNOW platform. After login Registered User can see his/her/their dashboard. On the said Dashboard Registered User can see Orders, Downloads, Addresses, Account details and Logout option.
f. The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time, for any reason, without notice, including when a Registered User fails to abide by these Terms and Conditions, or any other policy or terms posted anywhere on the SNOW Platform.
g. The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time if any
Registered User –
i. uploads pornographic contents/photos/videos/links on SNOW Platform.
ii. uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on SNOW Platform.
iii. Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation, or is otherwise objectionable.
h. The Registered User or may be prohibited from creating a new account if he/she/they has/have been previously terminated as per the above- mentioned circumstances or for any other reason whatsoever objectionable by the Owner.
i. If any Registered User misuses the details of any other Registered User, then the Owner reserves the right at its sole discretion to terminate that Registered User account and the owner reserves the right at its sole discretion to initiate appropriate legal action against the Registered User(s).
3. Facilities for Visitors/Users:
The facilities for Visitors/Users are as follows-
a) Browse the SNOW Platform;
b) To directly purchase products without becoming a Registered User;
4. Facilities for Registered Users:
The facilities for Registered Users are as follows-
a) Browse the SNOW Platform;
b) To Registered as an Individual, Shopkeeper, Seller.
c) To purchase various products and add the same into the cart.
d) To add billing and shipping address.
5. Facilities for Sellers: ____________________
6. Use of Contents and restrictions on Registered User:
a. The Registered User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the SNOW Platform, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access, or functionality of the SNOW Platform.
b. The Registered User also agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the SNOW Platform, any content and/or material that is harmful, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, abusive, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.
c. The Registered User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trade mark, copyright or any other proprietary rights of other person/people.
d. The Registered User can only access SNOW Platform only for his/her/their purpose and shall not copy/modify/broadcast/share the content from the SNOW Platform for anybody else or third party.
7. Privacy Settings:
A Registered User can adjust its own privacy settings on the SNOW Platform if he/she/they does not wish to continue with the default settings provided by SNOW Platform.
8. Notification Settings:
A Registered User agrees to receive messages or emails from SNOW for notifications and test purpose/s.
9. Conduct of Registered Users:
The Registered Users accept and agree that he/she/they are entirely responsible for compliance of all the laws, rules or regulations etc. that applies to Registered User’s use and/or access of the SNOW Platform or Services.
10. Applicable laws and Jurisdiction:
These terms shall be governed, interpreted, and construed in accordance with the laws of the Republic of India applicable from time to time. The SNOW Platform and the Registered User agrees to submit to the exclusive jurisdiction of courts located in Pune, Maharashtra, India for any claims, actions, demands, suits, disputes arising out of and/or in connection with Services provided by SNOW Platform.
11. Limitation of Liability:
a. To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the Visitor/User/Registered User or any third party arising out of the Registered User’s access or use or inability to access or use SNOW Platform and/or its Services.
b. The Information and Services displayed through the SNOW Platform including test reports may include inaccuracies. Additionally, a possibility exist that unauthorized additions, deletions and alterations could be made by third parties to SNOW Platform.
c. The Owner shall not be held liable and/or responsible for any fake identity, fake calls, frauds caused through people through the help of SNOW Platform.
d. In any event, the Owner shall not be held liable for any loss or damage or health issues, side effects arising out of consumption or use of products.
e. The Visitor/User/Registered User expressly agrees that the Owner is not responsible for the information posted and/or shared by the Registered User.
f. The Visitor/User/Registered User expressly agrees that Owner is not responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Visitor/User/Registered User specifically agrees that the Owner will not be held responsible and/or liable for any content/data sent using and/or included on SNOW Platform or Service by any third party/parties.
g. Notwithstanding anything contained herein, in any event, the liability of financial or otherwise, suffered to the Owner of the SNOW Platform shall be limited to the amount paid by the Visitor/User/Registered User and shall not exceed the sale value.
12. Disclaimer:
Every effort is made to keep the SNOW Platform up and running smoothly. However, the Owner takes no responsibility for, and will not be held liable for the SNOW Platform being temporarily unavailable due to technical issues beyond our control.
13. Warranty and Indemnification:
a. SNOW Platform is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. The Registered User has to purchase products on SNOW Platform at his/her/their own risk. The SNOW Platform disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability.
b. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the SNOW Platform and/or the information contained on the SNOW Platform for any purpose. Any relation the Visitor/User/Registered User places on such information are therefore strictly at their own risk.
c. The Visitor/User/Registered User agrees that the Owner shall not be held responsible or held liable for any transaction between the Visitor/User/Registered User and third-party providers (including payment gateways etc.) of SNOW Platform or Services provided through SNOW Platform. No advice or information whether oral or in writing received from the Registered User of the SNOW Platform shall create any warranty on behalf of the SNOW Platform in this regard.
d. The Visitor/User/Registered User agrees to always indemnify, defend, and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the Registered User.
14. Intellectual Property:
The Visitor/User/Registered User acknowledges and accepts that unless otherwise expressly stated, all the content on the SNOW Platform including, but not limited to, images, graphics, photos, sounds, music, videos, reports, software, script, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are owned by registered proprietor of the products or licensed thereto to the Owner of SNOW Platform. No information, content or portion uploaded on the SNOW Platform shall be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purposes not expressly permitted by Owner. It is the policy of the SNOW Platform and/or Owner to terminate in its sole discretion, accounts of Registered User or in appropriate circumstances found repeatedly infringing the rights of Owner of copyright, trademark, or other intellectual property rights. SNOW Platform, its Services and all the content is protected by copyright, trademark, and other relevant laws of India. In case of any violation Visitor, User or Registered User is liable to appropriate legal action.
15. Payment Terms:
a. The Visitor/User/Registered User can place orders through SNOW Platform. Once the payment is made successfully by the Visitor/User/Registered User, he/she/they will receive a receipt of payment immediately by email and SMS.
b. SNOW Platform reserves the right to use third party platform to co-ordinate such payment transaction by the Registered Users. The Owner shall not be held responsible for loss or damages cost to the Registered User by such
third party/parties.
16. Advertisement and Promotional Contents:
The owner may promote, advertise goods, products and/or services of SNOW Platform or third party on different pages by displaying the relevant material. The Owner of the Platform shall not be held liable or responsible for the advertisements or the contents displayed by the third parties. Additionally, the Owner may use a Registered User’s what’s app number and/or e-mail address and name to sendadvertisements and other promotional contents.
17. Delivery and Return Policy:
a. Once order placed Visitor/User/Registered User will get pop up for Available Delivery Time Slots.
b. Once Delivery slot selected, Snow Platform will deliver the products at doorstep.
c. Once delivered Products will not be taken back.
d. The placed order is not altered in any manner.
e. Visitor/User/Registered User replace damaged products within _____ days.
f. The product is intact and in saleable condition and
g. The product is accompanied by the original invoice of purchase.
18. Cancellation of Order and Refund:
After placing the orders if the Registered User wants to cancel the order, then he/she/they can cancel/change the order within ____ hours from the receipt of order.
19. Visitor/User/Registered User shall cancel or change the order with respect to Perishable goods/Products within _____ hours from the receipt of order and the entire amount will be refunded to Registered User’s account within 7-8 working days. The order cancellation message will be sent on the registered email address of the Registered User. After _____ hours of placing order registered user cannot be able to cancel or change the order. In this case payment will not be refunded to Registered User.
20. Visitor/User/Registered User can place direct order by using Snow Platform. Orders placed by Visitor/User/Registered User’s on Snow Platform cannot be cancelled, altered or refunded.
21. If the registered User has any questions/feedback/complaints/queries he/she/they can get in touch with Snow Platform’s customer care support at _____________________.