Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the www.sweetsandsnacks.in website located at www.sweetsandsnacks.in, and all associated sites linked to sweetsandsnacks.in, or any similar platform run by S K Traders, having its registered office at Jail Road, Bikaner-334001 and/or any of its affiliates on any device and/or before availing any goods related services offered by sweetsandsnacks.in.
Eligibility
The sweetsandsnacks.in services are not available to persons under the age of 18 or to anyone previously suspended or removed by sweetsandsnacks.in from availing the sweetsandsnacks.in or accessing the sweetsandsnacks.in. By accepting the T&Cs or by otherwise using the sweetsandsnacks.in, You represent that you are at least 18 years of age and have not been previously suspended or removed by sweetsandsnacks.in, or disqualified for any other reason, from availing or using the sweetsandsnacks.in. In addition, You represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, sweetsandsnacks.in reserves the right to suspend or permanently prevent you from availing or using the www.sweetsandsnacks.in.
Terms and Conditions
The terms and conditions in relation to the online services on the sweetsandsnacks.in set out below are applicable to and binding on you in conjunction with the general T&Cs already accepted by you. Each T&C is applicable to and binding on you, or any of your activities on the sweetsandsnacks.in, even if such term or condition is not specifically reproduced herein below. Sweetsandsnacks.in is the provider of online service, where branded merchandises are displayed online by the various registered merchants (hereinafter Merchant or Merchants) for sale and you can purchase the same, subject to the terms as well as T&Cs in general. Sweetsandsnacks.in offers the online service to you through various modes including issue of coupons & vouchers accessible through the sweetsandsnacks.in. The actual contract for sale is directly between the Merchant and you. Sweetsandsnacks.in provides the services of listing catalogues, pricing, shipping, etc. which is informational and it is up to you to follow it or not. Sweetsandsnacks.in may help facilitate the resolution of disputes through various modes. Sweetsandsnacks.in has no control over: (a) the existence, quality, safety or legality of items displayed; (b) the accuracy of third party content or listings including that of registered Merchants; (c) the ability of Merchant’s or sellers to sell items; (d) the ability of buyers to pay for items. Sweetsandsnacks.in does not, at any point of time during any transaction between buyer and Merchant or seller, take the ownership of any of the goods offered by the Merchant or seller. Nor does sweetsandsnacks.in, at any point, assert any rights or claims over the goods or services offered by the Merchant or seller to the buyer. In using the online service, You explicitly agree and acknowledge that:
- Sweetsandsnacks.in also makes available a variety of branded products/ services offered by its Merchant partners. Purchase of such products will be subject to the terms of offer for sale, and such other additional terms, if any, as specified by the Merchant. Sweetsandsnacks.in is a service provider and does not take any legal responsibility for the authenticity or quality of such branded products/services and customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- Sweetsandsnacks.in may offer delivery services for some of the products as per T&Cs, which may be changed by sweetsandsnacks.in without any notice to You.
- Sweetsandsnacks.in is not a warrantor of the products/ services being offered by various Merchants. You understand that any issue or disputes regarding the warranty, guarantee, quality, and service will be addressed either by the manufacturer/ service provider or the Merchant and You agree to handle such issues and disputes directly between You and the Merchant/ manufacturer. All the products are governed by the terms of warranties provided by the respective Merchants/ manufacturer/ owners of brands/ sellers. However, in case any product is covered under seller (Merchant) warranty, it shall be specifically mentioned under the product details. You acknowledge that sweetsandsnacks.in gives no guarantee, either express or implied, regarding the product bought by you or for the use or availability of online service. Customers are encouraged to exercise prudence and diligence (including by viewing any available customer reviews of the products or services or the Merchant) before purchasing such products or availing such services.
- The price of products offered on sweetsandsnacks.in is MRP, retail price, sale price, discounted price as offered by our Merchant partner. Sweetsandsnacks.in is not liable for any manufacturing defect, faulty product received, expired date products, warranty claims, after sales service for any of the products purchased on the sweetsandsnacks.in. Sweetsandsnacks.in is not linked with any warranty, guarantee, post-sale claims, genuineness of products or brand, as it is just a platform that facilitates sales for its Merchant partners. Sweetsandsnacks.in will make best efforts to assist customers in issue resolution including refund or arranging replacement but it will not bear the risk from legal claims for any misrepresentation or selling of wrong product.
- The sweetsandsnacks.in makes available general third party information such as, product catalogues, lists of authorized dealers and reports on news, entertainment, technology and features, advertisements, images and photographs of the products and other data from external sources hereinafter (Third Party Content). Similar Third Party Content would also be available to you on the email received by you from sweetsandsnacks.in. 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. Sweetsandsnacks.in does not provide any guarantee with respect to any of the Third Party Content and sweetsandsnacks.in shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
- Use of Information: We may share Your telephone/mobile numbers or e-mail addresses with our service providers (such as billing or collections companies) who we have contracted with sweetsandsnacks.in to assist us in pursuing our rights or performing our obligations under the user agreement, our policies, or any other agreement we may have with You. These service providers may also contact You using auto-dialed or pre-recorded messages calls and/or SMS or messages in any form, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
- By accepting the T&Cs in general, You accept that sweetsandsnacks.in may send the alerts to the mobile phone number/ email address provided by You at the time of registering for the sweetsandsnacks.in Service or to any such number/e-mail address replaced and informed by You subsequently.
- Content: While sweetsandsnacks.in tries to offer reliable data, sweetsandsnacks.in cannot promise that the catalogues will always be accurate and up-to-date, and You agree that You will not hold our catalogue providers or us responsible for inaccuracies in the catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content.
- Limitation of liability and waiver: In no event, Paytm or its Merchants, sellers, contractors, agents, licensors, partners or suppliers will be liable to You for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) this Agreement; (ii) the sweetsandsnacks.in Services, or any reference site/app/platform/service; or (iii) Your use or inability to use the sweetsandsnacks.in Services, the sweetsandsnacks.in (including any and all materials) or any reference sites/app/platform/service, even if sweetsandsnacks.in or a sweetsandsnacks.in authorized representative has been advised of the possibility of such damages. In no event, sweetsandsnacks.in or any of its contractors, employees, agents, third party partners, licensors or suppliers will be liable to you for any damages, liabilities, losses, and causes of action arising out of or relating to: (i) this Agreement; (ii) the sweetsandsnacks.in Services, or any reference site/app/platform/service; or (iii) Your use or inability to use the sweensandsancks.in services (including any and all materials) or any reference sites/app/platform/service; or (iv) any other interactions with sweetsandsnacks.in, however caused and whether arising in contract, tort including negligence, warranty or otherwise, beyond or in excess of the amount paid by You, if any, for using the portion of the sweetsandsnacks.in Service giving rise to the cause of action, or beyond or in excess Rs. 500, whichever is less. You acknowledge and agree that sweetsandsnacks.in has offered its products and services, set its prices, and entered into this Agreement in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and sweetsandsnacks.in, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and sweetsandsnacks.in. Sweetsandsnacks.in would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to You subject to applicable law. In such cases, sweetsandsnacks.in’s liability will be limited to the fullest extent permitted by applicable law. This paragraph shall survive the termination of this Agreement, or the T&Cs, the sweetsandsnacks.in Terms.
- Dispute Resolution: If any dispute, controversy or claim arises under this Agreement or in relation to any sweetsandsnacks.in Service, including any question regarding the existence, validity or termination of this Agreement or T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, sweetsandsnacks.in may elect to resolve any Dispute by a binding Arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated by an three arbitrators panel and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by three arbitrator’s bench, appointed in accordance with the Act. The seat of the arbitration shall be Bikaner, Rajasthan and the language of this arbitration shall be English/Hindi. Either you or sweetsandsnacks.in may seek any interim or preliminary relief from a court of competent jurisdiction in Bikaner necessary to protect the rights or the property belonging to you or sweetsandsnacks.in (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor sweetsandsnacks.in may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and sweetsandsnacks.in. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement, the T&Cs.
- Jurisdiction and dispute resolution: Subject to the Dispute Resolution section above, You agree that any claim or dispute You may have against sweetsandsnacks.in must be resolved by a court having jurisdiction in Bikaner, Rajasthan, India. You agree to submit to the personal jurisdiction of the courts located within Bikaner, Rajasthan, India, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
- When you use any of sweetsandsnacks.in service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail / text message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Assignment; Restrictions on Information Sharing; Privacy applicable to Terms
This Agreement, including these T&Cs and any rights granted here, may not be transferred or assigned by You without sweetsandsnacks.in’s prior written consent which may be withheld in sweetsandsnacks.in’s sole discretion, but this Agreement, including these T&Cs and any rights granted hereunder may be assigned by sweetsandsnacks.in freely (including to its Affiliates) and without any restriction. Any assignment attempted to be made by You in violation of this provision shall be void and of no effect. By accepting this Agreement, including the T&Cs, You agree to be customers of sweetsandsnacks.in (including, each of S K TRADERS and its affiliates). In addition, by accepting this Agreement, including the T&Cs, You expressly and impliedly provide Your free and unconditional consent for the following: (a) for transferring sweetsandsnacks.in’s rights and obligations under this Agreement, including the T&Cs, in favour of any affiliate of S K TRADERS or any third party; (b) for using the sweetsandsnacks.in and availing the sweetsandsnacks.in Services by You subject to any specific terms and conditions imposed by any affiliate of S K TRADERS; (c) for receiving communications, notices and information from any S K TRADERS or any affiliate of S K TRADERS; (d) for sharing of business information (including data analytics and any information relating to You or the services being availed by You) between S K TRADERS and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to sweetsandsnacks.in’s customers (including You); (ii) provision of better services by sweetsandsnacks.in’s vendors; (iii) to prevent any breach of a binding agreement between S K TRADERS and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by sweetsandsnacks.in or by any affiliate of sweetsandsnacks.in; (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of S K TRADERS or any affiliate; or (vi) S K TRADERS retaining any and all information relating to You till such time as may be required under applicable laws or internal policies. At times S K TRADERS or its affiliates may make certain personal information available to affiliates and strategic partners that work with sweetsandsnacks.in to provide products and services, or that help sweetsandsnacks.in market to customers. Personal information will only be shared by sweetsandsnacks.in to provide or improve sweetsamdsmacks.in’s products, services and advertising, in will be shared in compliance with applicable laws; it will not be shared with non-affiliated third parties for their marketing purposes. Sweetsandsnacks.in, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to You, managing and enhancing customer data, providing customer service, assessing Your interest in sweetsandsnacks.in’s products and services, offereing any products or services from any sweetsandsnacks.in Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect Your personal information under applicable laws. It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for sweetsandsnacks.in to disclose Your personal information. Sweetsandsnacks.in may also disclose information about You if sweetsandsnacks.in determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate. Sweetsandsnacks.in may also disclose information about You if sweetsandsnacks.in determines that disclosure is reasonably necessary to enforce the T&Cs or protect sweetsandsnacks.in’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of sweetsandsnacks.in’s business or products or services offered through any sweetsandsnacks.in Platform to any persons (including any affiliates), sweetsandsnacks.in may transfer any and all personal information that sweetsandsnacks.in collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees. Sweetsandsnacks.in’s privacy policy applies to use of the sweetsandsnacks.in, and its terms are made a part of these T&Cs by this reference. Additionally, by using the sweetsandsnacks.in, You acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information You send to the sweetsandsnacks.in may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.