SnapPe is engaged in the business of providing digital solutions through web/QR/WhatsApp based digital platform(s) (“SnapPe Platform”) which enable the merchants to connect to their customers inter alia by way of integration of social media platforms, in store ordering & billing system, bank/payment gateways and delivery partners (“SnapPe Services”).

SnapPe is a B2B and B2C company providing technology solutions through the SnapPe Platform, to various business(es) and to the end customers as well. It is hereby clarified that SnapPe is only a technology provider/intermediary/ecommerce facilitator and that SnapPe is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockiest and/or distributor.

These terms and conditions (“T&Cs”) shall govern use of the SnapPe URL by the Customers; accordingly, please read these T&Cs carefully before accessing or using the SnapPe URL. Customers are also advised to read the Merchant’s Terms & Conditions before accessing the SnapPe URL . If you do not agree to these T&Cs and/or Merchant’s Terms & Conditions, you shall not use the SnapPe URL . By using the SnapPe URL , you signify your unconditional acceptance to these T&Cs and other SnapPe policies (as framed by SnapPe from time to time).

Pricing

Products listed on the SnapPe URL will be sold at MRP, unless otherwise specified.

Typically, the price mentioned at the time of ordering will be the charged on the date of the delivery.

However, prices of certain products/items may differ on the date of actual delivery. Accordingly, in case the prices are higher or lower on the date of delivery – the differential amount will be paid to or collected from the Customer (as the case may be).

Prices shown are mentioned by the merchant/seller. Merchant shall communicate if any additional taxes, duties, levies and alike charges are applicable (in case the prices are not tax inclusive) upon confirmation of order. Customer shall solely be responsible for payment of all applicable levies, duties, taxes and alike charges in relation to the products and services. This includes and is not limited to payment of GST.

Cancellation

Customers cannot cancel their Order (or any product therein) and the same can only be cancelled by the Merchant if they are unable to serve the Customer for any reason (including but not limited to unavailability of the products/items).

In certain cases (including but not limited to selling illegal products/items), SnapPe shall have the right to cancel the Orders (or any product therein).

Cancellation or Rejection of the Order / Items

For pre-paid Orders, in the event of any cancellation or rejection of the Order or any particular item(s) in the Order by SnapPe or Merchant, due to any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the date of cancellation/rejection.

If amount is debited however Order is not successful

Limit / Restrictions on Orders

SnapPe’s Limited Liability & Disclaimer

SnapPe does not provide or make any representation, warranty or guaranty, express or implied, about the SnapPe Services, SnapPe Platform and SnapPe URL, and to the fullest extent permitted by law disclaims all liability arising out of the Customer’s use or reliance upon the same.

In addition to other limitations and exclusions in these T&Cs, in no event shall SnapPe, its directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to SnapPe Services, SnapPe Platform and SnapPe URL.

SnapPe shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be made directly against the Merchant.

SnapPe neither makes any representation or warranty as to specifics (such as quality, value, salability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the SnapPe URL, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the SnapPe URL.

SnapPe accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Merchant).

Any contract for sale of any product(s) or service(s) on SnapPe applications/URL shall strictly be a bipartite contract between the Merchant and Customer. Merchant shall solely be responsible for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery and all other issues. SnapPe shall not be responsible for any such aspects/issues and for any loss/damage in relation thereto, and in case of complaints from the Customer pertaining to such aspects/issues, SnapPe shall notify the complaints to the Merchant. The Merchant shall be liable for redressing Customer’s complaints at the earliest. SnapPe shall not be liable in case Merchant does not satisfactorily address said complaints. Customers shall have the right to initiate appropriate legal action against the Merchant.

It is hereby clarified that SnapPe is only a technology provider / intermediary / ecommerce facilitator and that SnapPe is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockiest and/or distributor. SnapPe has no role and responsibility in the actual sale, delivery or fulfilment of the Orders, and SnapPe only provides a platform for facilitating Orders. Further, SnapPe shall also not be responsible for any payment related issues at Merchant’s or Customer’s end (including but not limited to chargeback or refund related issues).

Details of the items, products, menu, price list, etc. available on the SnapPe URL are based on the information provided by the Merchant, and SnapPe shall not be responsible for any change or cancellation or unavailability.

In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs.

Privacy / Data Protection

SnapPe has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Privacy Policy has been designed and developed to help to provide for the following:

• The type of personal information (including sensitive personal data or information) that we collect from the users;
• The purpose of collection, means and modes of usage of such personal information by SnapPe;
• How SnapPe will protect the personal information including sensitive personal data or information that is collected from the users; and
• How and to whom SnapPe will disclose such information;
• How users may access and/or modify their personal information.

Customer fully understands that usage of the SnapPe applications by the Customers may create or generate database. All rights and ownership with respect to such database and information therein shall vest with SnapPe. SnapPe shall have the right to inter-alia use such Customer information/database for the purposes of research, analysis, business intelligence and improvement/development/advancement of SnapPe applications.

MISCELLANEOUS

Limited Sub-License: SnapPe grants you a limited sub-license to access and make personal use of the SnapPe URL and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SnapPe. This license does not include any resale or commercial use of SnapPe URL or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of SnapPe URL 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. SnapPe URL or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SnapPe. It is hereby clarified that SnapPe shall not be responsible for any copyright or intellectual property issue in relation to the suggested product images (as available on the SnapPe applications) and in relation to the product images uploaded by the Merchant.

Eligibility: Services of the SnapPe URL will be available to only in select 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 SnapPe URL. If you are a minor, you may use the SnapPe URL only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.

Indemnification: You agree to defend, indemnify and hold harmless SnapPe, 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, which may result in any loss, damage or liability to SnapPe, Merchant or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws, regulations.

Electronic Record: This document is an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time.

Modification: SnapPe reserves the right to modify or change these T&Cs and other SnapPe policies at any time by posting changes on the SnapPe URL/website, and you shall be liable to update yourself of such changes. Your continued usage of the services after any change is posted constitutes your acceptance of the amended T&Cs/policies.

Termination: SnapPe may terminate this agreement / T&Cs at any time and may do so immediately without notice, and accordingly deny you access to the SnapPe URL. Any such termination will be without any liability to SnapPe.

Severability: If any of the provisions of these T&Cs should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law and Jurisdiction: Without prejudice to the above, these terms and conditions shall be construed in accordance with the applicable laws of India, and the Courts at Gurgaon, Haryana shall have exclusive jurisdiction in any proceedings arising out of these terms and conditions/between SnapPe and the Customer.