Last updated on April 01, 2013.
These terms and conditions of use ("Terms of Use") of the
Website (as defined below) between Jasper Infotech Private Limited,
d/b/a Snapdeal (hereinafter referred to as "Jasper Infotech" or
"Snapdeal") and the users/ registrants of the Website ("You" or "Your"
or "Yourself" or "User") describe the terms on which Snapdeal offers
You access to the Website and the Services (as defined below) through
the Website.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON
THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH
THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE
WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR
AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH
THE TERMS OF USE.
1.1
www.snapdeal.com ("Website")
is an Internet based portal owned and operated by Snapdeal, a company
incorporated under the laws of India, with its registered office at
No. 246, 1stFloor, Okhla Industrial Estate, Phase III, New Delhi -
110020, India. Use of the Website is offered to You conditioned on
acceptance of all the terms, conditions and notices contained in these
Terms, along with any amendments made by Snapdeal at its sole
discretion and posted on the Website, including by way of imposing an
additional charge for access to or use of a Service.
1.2
Snapdeal shall not be required to
notify You, whether as a registered user or not, of any changes made
to the Terms of Use. The revised Terms of Use shall be made available
on the Website. Your use of the Website and the Services is subject to
the most current version of the Terms of Use made available on the
Website at the time of such use. You are requested to regularly visit
the home page
www.snapdeal.com
to view the most current
Terms of Use. You can determine when
Snapdeal last modified the
Terms of Use by referring to the
"Last Updated" legend above. It shall be Your responsibility to check
these
Terms of Use periodically for changes. Snapdeal may
require You to provide Your consent to the updated
Terms of
Use in a specified manner before prior to any further use of the
Website and the Services is provided on the Website. If no such
separate consent is sought, Your continued use of the Website,
following changes to the
Terms of Use, will constitute Your
acceptance of those changes.
1.3
By (i) using this Website or any
facility or Service provided by this Website in any way; or (ii)
merely browsing the Website, You agree that You have read, understood
and agreed to be bound by these Terms of Use and the Website's Privacy
Policy available at the homepage, www.snapdeal.com.
1.4
Snapdeal agrees to deliver the
merchandise ordered by you only at such locations as per the Order
Confirmation Form. Snapdeal shall not be liable to deliver any
merchandize or Services purchased by Users for delivery in locations
outside India shall not be entertained.
2.1
The Website is a platform that
facilitates the online sale and purchase of branded merchandise and
services offered by Snapdeal's various affiliate/ registered
merchants/ vendors/service providers at a discounted price ("
Services").
The Services are offered to the Users through various modes which
shall include, issue of coupons and vouchers that can be redeemed for
various services. The purchase of products and services on the Website
shall be governed by the
Terms of Offer For Sale ("
Terms
of Offer For Sale")
3.1
The Services are not available to
minors under the age of eighteen (18) or to any Users suspended or
removed from the Snapdeal system by Snapdeal for any reason
whatsoever. If You do not conform to the above qualification, You
shall not be permitted to avail of the Services or use the Website.
You represent that You are of legal age to form a binding contract and
are not a person barred from receiving services under the laws as
applicable in India. Notwithstanding the foregoing, if You are below
the age of eighteen (18) years, You may avail the Services provided by
Snapdeal through Your legal guardian in accordance with the applicable
laws.
3.2
Snapdeal reserves the right to
refuse access to use the Services offered at the Website to new Users
or to terminate access granted to existing Users at any time without
according any reasons for doing so.
3.3
You shall not have more than one
active Account on the Website. Additionally, You are prohibited from
selling, trading, or otherwise transferring Your Account to another
party.
4.
User Account, Password, and Security
4.1
Snapdeal makes the Services
available to You through the Website only if You have provided
Snapdeal certain required User information and created an account ("
Account")
through Snapdeal ID and password or other log-in ID and password,
which can include a facebook, gmail, yahoo ID or any other valid email
ID(collectively, the "
Account Information"). The
Services may also be subject to procedures for use of the Website,
Terms of Offer For Sale, uploaded guidelines, rules,
additional terms of service, or other disclaimer & notices, if any ("
Additional
Terms"). If there is any conflict between the Terms of Use and the
Additional Terms, the Additional Terms shall take precedence in
relation to that service.
4.2
The Website requires You to register
as a User by creating an Account in order to avail of the Services
provided by the Website. You will be responsible for maintaining the
confidentiality of the Account Information, and are fully responsible
for all activities that occur under Your Account. You agree to (a)
immediately notify Snapdeal of any unauthorized use of Your Account
Information or any other breach of security, and (b) ensure that You
exit from Your Account at the end of each session. Snapdeal cannot and
will not be liable for any loss or damage arising from Your failure to
comply with this Section 4.2. You may be held liable for losses
incurred by Snapdeal or any other user of or visitor to the Website
due to authorized or unauthorized use of Your Account as a result of
Your failure in keeping Your Account Information secure and
confidential.
4.3
The Website also allows restricted
access to the Services for unregistered Users.
4.4
You shall ensure that the Account
Information provided by You in the Website's registration form is
complete, accurate and up-to-date. Use of another user's Account
Information for availing the Services is expressly prohibited.
4.5
If You provide any information that
is untrue, inaccurate, not current or incomplete (or becomes untrue,
inaccurate, not current or incomplete), or Snapdeal has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Snapdeal has the right to suspend or terminate
Your Account and refuse any and all current or future use of the
Website (or any portion thereof).
5.1
Snapdeal strives to provide You with
the best prices possible on products and services You buy or avail of
from the Website. The pricing details for purchase of products and
services from the Website are detailed under the Terms of Offer For
Sale.
5.2
You agree to provide correct and
accurate credit/ debit card details to the approved payment gateway
for availing Services on the Website. You shall not use the credit/
debit card which is not lawfully owned by You, i.e. in any
transaction, You must use Your own credit/ debit card. The information
provided by You will not be utilized or shared with any third party
unless required in relation to fraud verifications or by law,
regulation or court order. You will be solely responsible for the
security and confidentiality of Your credit/ debit card details.
Snapdeal expressly disclaims all liabilities that may arise as a
consequence of any unauthorized use of Your credit/ debit card.
5.3
Snapdeal shall be under no liability
whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any transaction, on
account of you/cardholder having exceeded the preset limit mutually
agreed by Snapdeal with our acquiring bank from time to time.
6.1
Subject to compliance with the Terms
of Use, Snapdeal grants You a non-exclusive, limited privilege to
access and use this Website and the Services provided therein.
6.2
You agree to use the Services,
Website and the materials provided therein only for purposes that are
permitted by: (a) the Terms of Use; and (b) any applicable law,
regulation or generally accepted practices or guidelines in the
relevant jurisdictions.
6.3
You agree to adhere to all
limitations on dissemination, use and reproduction of any materials
(such as the product catalogues) that You access on the Website in
accordance with Section 7.
6.4
You agree not to access (or attempt
to access) the Website and the materials or Services by any means
other than through the interface that is provided by Snapdeal. You
shall not use any deep-link, robot, spider or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the
Website or Content (as defined below), or in any way reproduce or
circumvent the navigational structure or presentation of the Website,
materials or any Content, to obtain or attempt to obtain any
materials, documents or information through any means not specifically
made available through the Website.
6.5
You acknowledge and agree that by
accessing or using the Website or Services, You may be exposed to
content from other users that You may consider offensive, indecent or
otherwise objectionable. Snapdeal disclaims all liabilities arising in
relation to such offensive content on the Website. Further, You may
report such offensive content in the manner prescribed under Section
17 herein.
6.6
If Website allows You to post and
upload any material on the Website, You hereby undertake to ensure
that such material is not offensice and in accordance with applicable
laws. Further, You undertake not to:
- Defame, abuse, harass, threaten or otherwise violate the
legal rights of others;
- Impersonate any person or entity, or falsely state or
otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information through any bookmark,
tag or keyword;
- Upload files that contain software or other material
protected by applicable intellectual property laws unless You own or
control the rights thereto or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted
files, or any other similar software or programs that may damage the
operation of the Website or another's computer;
- Engage in any activity that interferes with or disrupts
access to the Website or the Services (or the servers and networks
which are connected to the Website);
- Attempt to gain unauthorized access to any portion or
feature of the Website, any other systems or networks connected to
the Website, to any Snapdeal server, or to any of the Services
offered on or through the Website, by hacking, password mining or any
other illegitimate means;
- Probe, scan or test the vulnerability of the Website or any
network connected to the Website, nor breach the security or
authentication measures on the Website or any network connected to
the Website. You may not reverse look-up, trace or seek to trace any
information on any other user, of or visitor to, the Website, or any
other customer of Snapdeal, including any Snapdeal Account not owned
by You, to its source, or exploit the Website or Service or
information made available or offered by or through the Website, in
any way whether or not the purpose is to reveal any information,
including but not limited to personal identification information,
other than Your own information, as provided for by the Website;
- Disrupt or interfere with the security of, or otherwise
cause harm to, the Website, systems resources, accounts, passwords,
servers or networks connected to or accessible through the Websites
or any affiliated or linked sites;
- Collect or store data about other users in connection with
the prohibited conduct and activities set forth in this Section.
- Use any device or software to interfere or attempt to
interfere with the proper working of the Website or any transaction
being conducted on the Website, or with any other person's use of the
Website;
- Use the Website or any material or Content for any purpose
that is unlawful or prohibited by these Terms of Use, or to solicit
the performance of any illegal activity or other activity which
infringes the rights of Snapdeal or other third parties;
- Conduct or forward surveys, contests, pyramid schemes or
chain letters;
- Download any file posted by another user of a Service that
you know, or reasonably should know, cannot be legally distributed in
such manner;
- Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin or
source of software or other material contained in a file that is
uploaded;
- Violate any code of conduct or other guidelines, which may
be applicable for or to any particular Service;
- Violate any applicable laws or regulations for the time
being in force within or outside India;
- Violate the Terms of Use including but not
limited to any applicable Additional Terms of the Website
containedherein or elsewhere; and
- Reverse engineer, modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information or software obtained
from the Website.
6.7
You agree that You are solely
responsible to Snapdeal and to any third party for any breach of Your
obligations under the Terms of Use and for the consequences (including
any loss or damage which Snapdeal or its affiliates or its vendors may
suffer) for any such breach.
6.8
You agree and acknowledge that
Snapdeal is not the seller of the products and the services and
Snapdeal shall in no manner be deemed to be the seller of the products
or services on this Website. Snapdeal is only facilitating purchase of
the products or services by You from the vendor by providing the
Services to You.
6.9
You agree that Snapdeal may, at any
time, modify or discontinue all or part of the Website, charge, modify
or waive fees required to use the Website, or offer opportunities to
some or all Website Users.
7.1
Except as expressly indicated to the
contrary in any applicable Additional Terms, Snapdeal hereby grants
You a non-exclusive, freely revocable (upon notice from Snapdeal),
non-transferable access to view, download and print product catalogues
or any other materials available on the Website, subject to the
following conditions:
- You may access and use the materials solely for personal,
informational, and internal purposes, in accordance with the Terms of
Use;
- You may not modify or alter product catalogues or any other
materials available on the Website;
- You may not distribute or sell, rent, lease, license or
otherwise make the product catalogues or any other materials
available on the Website available to others; and
- You may not remove any text, copyright or other proprietary
notices contained in the product catalogues or any other materials
available on the Website.
7.2
The rights granted to You in the
product catalogues or any other materials as specified above are not
applicable to the design, layout or look and feel of the Website. Such
elements of the Website are protected by intellectual property rights
and may not be copied or imitated in whole or in part. The product
catalogues or any other materials available on the Website may be
copied or retransmitted unless expressly permitted by Snapdeal.
7.3
Any software that is available on
the Website is the property of Snapdeal or its vendors. You may not
use, download or install any software available at the Website, unless
otherwise expressly permitted by these Terms of Use or by the express
written permission of Snapdeal.
7.4
7.4 Any purchase of the merchandise
or Services from the Website will be strictly for personal use of the
User. The User hereby expressly agrees that any merchandize or
Services purchased by the User will not be sold, resold, bartered or
in any way used for any commercial purposes or for profit. The User
hereby acknowledges that the Services or merchandize purchased is not
transferrable to any third party for profit.
8.1
You shall solely be responsible for
maintaining the necessary computer equipments and Internet connections
that may be required to access, use and transact on the Website.
8.2
You are also under an obligation to
use this Website for reasonable and lawful purposes only, and shall
not indulge in any activity that is not envisaged through the Website.
8.3
You shall use this Website, and any
voucher/ coupons purchased through it, for personal, non-commercial
use only and shall not re-sell the same to any other person.
8.4
Snapdeal shall be under no liability
whatsoever in respect of any loss or damage arising directly or
indirectly out of the decline of authorization for any transaction, on
account of you/cardholder having exceeded the preset limit mutually
agreed by Snapdeal with our acquiring bank from time to time
9.
Intellectual Property Rights
9.1
The Website and the processes, and
their selection and arrangement, including but not limited to all
text, graphics, user interfaces, visual interfaces, sounds and music
(if any), artwork and computer code (collectively, the "Content")
on the Website is owned and controlled by Snapdeal and the design,
structure, selection, coordination, expression, look and feel and
arrangement of such Content is protected by copyright, patent and
trademark laws, and various other intellectual property rights.
9.2
The trademarks, logos and service
marks displayed on the Website ("Marks") are the
property of Snapdeal or their vendors or respective third parties. You
are not permitted to use the Marks without the prior consent of
Snapdeal, the vendor or the third party that may own the Marks.
9.3
Unless otherwise indicated or
anything contained to the contrary or any proprietary material owned
by a third party and so expressly mentioned, Jasper Infotech owns all
intellectual property rights to and into the trademark "Snap Deal",
and the Website, including, without limitation, any and all rights,
title and interest in and to copyright, related rights, patents,
utility models, designs, know-how, trade secrets and inventions
(patent pending), goodwill, source code, meta tags, databases, text,
content, graphics, icons, and hyperlinks.
9.4
Except as expressly provided herein,
You acknowledge and agree that You shall not copy, republish, post,
display, translate, transmit, reproduce or distribute any Content
through any medium without obtaining the necessary authorization from
Snapdeal or thirty party owner of such Content.
The Website makes available general
third party information such as, product catalogues, lists of
authorized dealers, reports on news, entertainment, technology and
features, advertisements including videos, images and photographs of
the products and other data from external sources ("Third
Party Content"). Similar Third Party Content would also be available
to You on the email received by You from Snapdeal. The provision of
Third Party Content is for general informational purposes only. You
acknowledge that the Third Party Content provided to You is obtained
from sources believed to be reliable. Snapdeal does not provide any
guarantee with respect to any the Third Party Content and Snapdeal
shall not be held liable for any loss suffered by You based on Your
reliance on or use of such data.
11.
Disclaimer Of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
11.1
THE WEBSITE, SERVICES AND OTHER
MATERIALS ARE PROVIDED BY SNAPDEAL ON AN "AS IS" BASIS WITHOUT
WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING
THE FOREGOING, SNAPDEAL MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE
SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR
MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY
OF THE WEBSITE, SERVICES OR OTHER MATERIALS WILL MEET YOUR
EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE,
SERVICES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SNAPDEAL OR
THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF USE.
11.2
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SNAPDEAL WILL HAVE NO LIABILITY RELATED TO USER
CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY,
PUBLICITY, OBSCENITY OR OTHER LAWS. SNAPDEAL ALSO DISCLAIMS ALL
LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR
UNAVAILABILITY OF ANY USER CONTENT.
11.3
SNAPDEAL WILL NOT BE LIABLE FOR ANY
LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR
ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY
SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SNAPDEAL
HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS
CORRECT, BUT SNAPDEAL NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS
REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA,
INFORMATION, PRODUCT OR SERVICE. SNAPDEAL SHALL NOT BE RESPONSIBLE FOR
THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES,
THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS
OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. FURTHER, SNAPDEAL SHALL NOT BE HELD
RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC
MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE
WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON
BEYOND SNAPDEAL 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY
MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE
IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SNAPDEAL
IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID
COUPON. SNAPDEAL ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS,
WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF
ITSELF OR THIRD PARTIES.
11.4
SNAPDEAL SHALL NOT BE LIABLE FOR ANY
THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENT AVAILABLE ON E-MAIL
OR WEBSITE WITH RESPECT TO THE THIRD PARTY WEBSITE OR THE PRODUCTS AND
SERVICES ARE FOR INFORMATION PURPOSE ONLY.
12.
Indemnification and Limitation of
Liability
12.1
You agree to indemnify, defend and
hold harmless Snapdeal including but not limited to its affiliate
vendors, agents and employees from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses (including
legal fees and disbursements in connection therewith and interest
chargeable thereon) asserted against or incurred by Snapdeal that
arise out of, result from, or may be payable by virtue of, any breach
or non-performance of any representation, warranty, covenant or
agreement made or obligation to be performed by You pursuant to these
Terms of Use. Further, You agree to hold Snapdeal harmless against any
claims made by any third party due to, or arising out of, or in
connection with, Your use of the Website, any claim that Your material
caused damage to a third party, Your violation of the Terms of Use, or
Your violation of any rights of another, including any intellectual
property rights.
12.2
Notwithstanding anything to
contrary, Snapdeal 's entire liability to You under this Terms of Use
or otherwise shall be the refund of the money charged from You for any
specific voucher or product or service, under which the unlikely
liability arises.
12.3
In no event shall Snapdeal, its
officers, directors, employees, partners or suppliers be liable to
You, the vendor or any third party for any special, incidental,
indirect, consequential or punitive damages whatsoever, including
those resulting from loss of use, data or profits, whether or not
foreseeable or whether or not Snapdeal has been advised of the
possibility of such damages, or based on any theory of liability,
including breach of contract or warranty, negligence or other tortious
action, or any other claim arising out of or in connection with Your
use of or access to the Website, Services or materials.
12.4
The limitations and exclusions in
this section apply to the maximum extent permitted by applicable law.
13.
Violation of the Terms of Use
13.1
You agree that Snapdeal may, in its
sole discretion and without prior notice, terminate Your access to the
Website and block Your future access to the Website if Snapdeal
determines that You have violated these Terms of Use or Additional
Terms. You also agree that any violation by You of these Terms of Use
will constitute an unlawful and unfair business practice, and will
cause irreparable harm to Snapdeal, for which monetary damages would
be inadequate, and You consent to Snapdeal obtaining any injunctive or
equitable relief that Snapdeal deems necessary or appropriate in such
circumstances. These remedies are in addition to any other remedies
Snapdeal may have at law or in equity.
13.2
You agree that Snapdeal may, in its
sole discretion, and without prior notice, terminate Your access to
the Website, for cause, which includes (but is not limited to): (1)
requests by law enforcement or other government agencies; (2) a
request by You (self-initiated account deletions); (3) discontinuance
or material modification of the Website or any service offered on or
through the Website; or (4) unexpected technical issues or problems.
13.3
If Snapdeal does take any legal
action against You as a result of Your violation of these Terms of
Use, Snapdeal will be entitled to recover from You, and You agree to
pay, all reasonable attorneys' fees and costs of such action, in
addition to any other relief granted to Snapdeal.
14.1
The Terms of Use will continue to
apply until terminated by either You or Snapdeal as set forth below.
If You want to terminate Your agreement with Snapdeal, You may do so
by (i) not accessing the Website; or (ii) closing Your accounts for
all of the Services that You use, where Snapdeal has made this option
available to You.
14.2
Snapdeal may, at any time, with or
without notice, terminate the Terms of Use (or portion thereof, such
as any individual Additional Terms) with You if:
- You breach any of the provisions of the Terms of Use, the
Privacy Policy or any other terms, conditions, or policies that may
be applicable to You from time to time (or have acted in a manner
that clearly shows that You do not intend to, or are unable to,
comply with the same);
- Snapdeal is required to do so by law (for example, where the
provision of the Services to You is, or becomes, unlawful);
- The provision of the Services to You by Snapdeal is, in
Snapdeal's opinion, no longer commercially viable;
- Snapdeal has elected to discontinue, with or without reason,
access to the Website, the Services (or any part thereof); or
14.3
Snapdeal may also terminate or
suspend all or a portion of Your account or access to the Services
with or without reason. Except as may be set forth in any Additional
Terms applicable to a particular Service, termination of Your Account
may include: (i) removal of access to all offerings within the Website
or with respect to the Services; (ii) deletion of Your materials and
Account Information, including Your personal information, log-in ID
and password, and all related information, files and materials
associated with or inside Your Account (or any part thereof); and
(iii) barring of further use of the Services.
14.4
You agree that all terminations
shall be made in Snapdeal's sole discretion and that Snapdeal shall
not be liable to You or any third party for any termination of Your
Account (and accompanying deletion of Your Account Information), or
Your access to the Website and Services.
14.5
Notwithstanding the foregoing, these
Terms of Use will survive indefinitely unless and until Snapdeal
chooses to terminate them.
14.6
If You or Snapdeal terminates Your
use of the Website, Snapdeal may delete any content or other materials
relating to Your use of the Website and Snapdeal will have no
liability to You or any third party for doing so.
15.1
These Terms of Use and all
transactions entered into on or through the Website and the
relationship between You and Snapdeal shall be governed in accordance
with the laws of India without reference to conflict of laws
principles.
15.2
You agree that all claims,
differences and disputes arising under or in connection with or in
relation hereto the Website, the Terms of Use or any transactions
entered into on or through the Website or the relationship between You
and Snapdeal shall be subject to the exclusive jurisdiction of the
courts at New Delhi, India and You hereby accede to and accept the
jurisdiction of such courts.
In the event You come across any abuse
or violation of these Terms of Use or if You become aware of any
objectionable content on the Website, please report to the following
e-mail id: help@snapdeal.com.
The User hereby consents, expresses and
agrees that he has read and fully understands the
Privacy Policy of Snapdeal in respect of the
Website. You further consent that the terms and contents of such
Privacy Policy are acceptable to You.
18.1
You hereby expressly agree to
receive communications by way of SMS, e-mails from Snapdeal relating
to Services provided through the Website.
18.2
A User can unsubscribe/ opt-out from
receiving communications from Snapdeal through SMS and e-mail anytime
by:
- Visiting http://www.snapdeal.com/smsunsubscribe to
unsubscribe from messages/ SMS; and
- Newsletters sent daily at the registered email address.---by
clicking on the unsubscribe option attached at the bottom of
newsletter received through e-mail
19.1
Notice: All notices
of Snapdeal will be served by email or by general notification on the
Website. Any notice provided to Snapdeal pursuant to the Terms of Use
should be sent to help@snapdeal.com with subject line -Attention:
TERMS OF USE.
19.2
Assignment: You
cannot assign or otherwise transfer the Terms of Use, or any rights
granted hereunder to any third party. Snapdeal's rights under the
Terms of Use are freely transferable by Snapdeal to any third parties
without the requirement of seeking Your consent.
19.3
Severability: If,
for any reason, a court of competent jurisdiction finds any provision
of the Term of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to
give effect to the intent of the parties as reflected by that
provision, and the remainder of the Terms of Use shall continue in
full force and effect.
19.4
Waiver: Any failure
by Snapdeal to enforce or exercise any provision of the Terms of Use,
or any related right, shall not constitute a waiver by Snapdeal of
that provision or right.
20.
Feedback and Information
Any feedback You provide to this Website
shall be deemed to be non-confidential. Snapdeal shall be free to use
such information on an unrestricted basis. Further, by submitting the
feedback, You represent and warrant that (i) Your feedback does not
contain confidential or proprietary information of You or of third
parties; (ii) Snapdeal is not under any obligation of confidentiality,
express or implied, with respect to the feedback; (iii) Snapdeal may
have something similar to the feedback already under consideration or
in development; and (iv) You are not entitled to any compensation or
reimbursement of any kind from Snapdeal for the feedback under any
circumstances.
21.1
SD Cash will be associated to the
user’s email id.
21.2
SD Cash cannot be transferred from
one account to another.
21.3
SD Cash can only be used to buy
products/deals from Snapdeal.com
21.4
SD Cash cannot be redeemed for cash.
21.5
SD Cash can be credited only by
activities but not limited to such as Gift Voucher, Order Refunds.
21.6
The expiration of the SD Cash will
depend on the activity it is being credited against.
21.7
Snapdeal reserves the right to
decide/alter/change the expiration period of the activities at any
time with or without notice.
21.8
As a guest user customers will not
be eligible for using SD Cash.
21.9
Snapdeal reserves the right to
extend or terminate the validity of SD Cash associated to any
activity.
21.10
Snapdeal has no obligation to
compensate the customer after the termination/expiration date of the
SD Cash.
21.11
Snapdeal reserves the right at any
time, without notice, to add/alter/change/or vary any or all of these
terms and conditions or to replace, wholly or in part, the SD Cash
feature with any other feature, whether similar to this or not, or to
withdraw it altogether.
21.12
The use of the SD Cash by the
customer for redemption will be deemed to the acceptance of these
Terms and Conditions in addition to the rest of the terms and
conditions and that the customers understand and agree to be
unconditionally bound by the same.
21.13
Snapdeal reserves the right to
disqualify any customers from the benefits mention herein above. In
case of any fraudulent activity, prosecution will be carried out
against the concerned customer.
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