The Snuggle Co: TERMS OF USE

Welcome to The Snuggle Co. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of  The Snuggle Co marketplace platform – www.thesnuggleco.com (hereinafter referred to as “Platform”). This electronic record is generated by a computer system and does not require any physical or digital signatures.

This website www.thesnuggleco.com (hereinafter referred to as “The “Snuggle Co or “Site” or “we” or “us”) is a service provided by Ekaya Enterprise. Your use of this Site and related services and tools are governed by the following terms and conditions (“Terms of use”)

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by The Snuggle Co Policies including but not limited to Privacy Policy as amended from time to time.

Accessing, browsing or otherwise using the Site indicates your agreement to all the terms and conditions in these Terms of Use, so please read this agreement carefully before proceeding

1. General

These Terms of Use have been executed and delivered by you and constitute a valid and binding agreement between you and The Snuggle Co, enforceable against you in accordance with their terms. You represent that (1) you are at least 18 years of age, (2) you are not incapacitated to form a binding contract, (3) in case you are registering as a member on behalf of a corporate body, you represent that you have the requisite authority to bind such corporate body and (3) that all of the information, data and other materials you provide on this Site or to The Snuggle Co through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

You shall establish and use your membership on the Site, and purchase and use the products and services available through the Site in strict compliance with these Terms of Use and all applicable policies, laws, rules and regulations. All calls, emails and other communications between you and The Snuggle Co may be recorded.

2. Privacy notice

A copy of the Privacy Notice that applies to the collection, use, handling, disclosure, transfer and other processing of personal information by The Snuggle Co is located at …………………. You consent to any personal information we may obtain about you (either via the Site, by email, telephone or any other means) being collected, stored, disclosed, transferred and otherwise processed in accordance with the terms of the Privacy Notice. The Snuggle Co may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

3. Product policy

The Product Policy governs all aspects of your purchase of products through the Site.

4. License and site access

All content available through this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement and look and feel of the Site) is the exclusive property of and owned by The Snuggle Co, its franchisees, licensors or content providers, and is protected by copyright, trademark and other applicable U.S. and foreign laws. Access to this Website does not entitle you to any right to the intellectual property rights of The Snuggle Co, its franchisees, licensors or content providers other than as expressly provided herein. The Snuggle Co grants you a limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content. You are also strictly prohibited from transmitting, posting, linking, deep linking or otherwise modifying the Site without the prior express permission of The Snuggle Co. The Snuggle Co or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a limited license (only for personal and non-commercial use) that is revocable at any time in The Snuggle Co’s sole discretion. Such license is granted to you on a non-transferable, royalty free and worldwide basis.

The Snuggle Co strictly prohibits any other use of any content available through the Site, including but not limited to:

1. any downloading, copying or other use of the content or the Site for purposes competitive to The Snuggle Co or for the benefit of another vendor or any third party;
2. any caching, unauthorized linking to the Site or the framing of any content available on the Site;
3. any modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property rights of another party);
4. any uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
5. using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
6. any action that imposes or may impose (in The Snuggle Co’s sole discretion) an unreasonable or disproportionately large load on The Snuggle Co’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by The Snuggle Co.

The Snuggle Co reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. The Snuggle Co neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with The Snuggle Co. Termination of your access or use will not waive or affect any other right or relief to which The Snuggle Co may be entitled, at law or in equity.

5. Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while we try to ensure that material included on the website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement. To the fullest extent permitted under applicable law, we or our suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.

The Parenting contains general information and discussion about medicine, health and related subjects. The information and views provided herein should not be treated as medical advice. The information on the Parenting is provided without any representations or warranties, express or implied. You must not rely on the information on the Parenting as an alternative to medical advice from your doctor or other professional healthcare provider. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider. The Parenting includes interactive features that allow users to communicate with us. You acknowledge that because of the limited nature of communication through the Parenting’s interactive features, any assistance you may receive using any such features is likely to be incomplete or not appropriate for your condition. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented on the Parenting.

Without prejudice to the generality of the section above, the total liability of The Snuggle Co to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. BB or DARP, their associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, we assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You accept that, as a limited liability entity, The Snuggle Co has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Snuggle Co officers or employees in respect of any losses you suffer in connection with the website.

6. Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Snuggle Co will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from The Snuggle Co on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

7. Links

This Site may contain links to other websites or resources that are operated by third parties not affiliated with The Snuggle Co. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. The Snuggle Co is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

8. Disclaimers

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, OR REQUIRED BY APPLICABLE LAW, The Snuggle Co MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF The Snuggle Co MEMBERSHIP, ANY CONTENT ON THE SITE, OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. The Snuggle Co DISCLAIMS ANY WARRANTIES THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

9. Trademarks and Copyrights

The trademarks, logos, design marks and service marks (“Marks”) displayed on the Site are the property of The Snuggle Co or its licensors or content providers, or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of The Snuggle Co or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without The Snuggle Co’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without The Snuggle Co’s express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark and other applicable laws.

10. Modification of terms of use

You acknowledge and agree that The Snuggle Co may, in its sole discretion, modify, add or remove any portion of these Terms of Use at any time and in any manner, including the terms of The Snuggle Co membership, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at https://www.The Snuggle Co.in/about/Terms. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes

11. Claims of intellectual property infringement

The Snuggle Co respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that The Snuggle Co has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or The Snuggle Co members who are repeat copyright infringers. The Snuggle Co may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at: care@thesnuggleco.com

The Snuggle Co may update this contact information from time to time without notice to you. We will post the current contact information on this Site.

12. Termination:

The Snuggle CO may suspend or terminate your use of The Snuggle Co or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until The Snuggle Co chooses to terminate them.

• If You or The Snuggle Co terminates your use of the Platform or any Service, The Snuggle Co may delete any content or other materials relating to your use of the Service and The Snuggle Co will have no liability to you or any third party for doing so. However, your transactions details may be preserved by The Snuggle Co for purposes of tax or regulatory compliance.
• The Snuggle Co may unilaterally terminate Your account on any event as mentioned in the Terms of Use under the point no. 4. User Conduct and Rules on the Platform. Any Snuggle Co credits earned as goodwill compensation, earned via loyalty or referral program or promotional campaigns or earned through gift cards purchased on other platforms will be forfeited in such cases. Returns/Refund for such Users shall be at the sole discretion of The Snuggle Co.
• If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead The Snuggle Co by sharing multiple address and phone numbers or transacting with malafide intentions then The Snuggle CO reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

13. Severability

Each of the provisions of these Terms of Use is severable. If any provision of these Terms of Use (or part of a provision) is found by any court of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to these Terms of Use.

14. Jurisdictions of transaction:

For all intents and purposes, upon sale and/or purchase of any goods or service from the Website, it shall be deemed that the same has taken place within the geographical limits of Ahmedabad, India. The present Terms of Use and the transaction taking place on the Website shall be deemed to be covered under all applicable laws as in force in India.

15. Governing Law:

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Ahmedabad, India. The place of jurisdiction shall be exclusively in New Ahmedabad, India.

Contact Details 

In case of any query, please feel free to email us at info@thesnuggleco.com.