OVERVIEW:
These terms and conditions (“Terms and Conditions“) and all applicable Policies (as defined below)which are herein incorporated by way of reference govern your rights and obligations as a User(defined below) of the snow mary Platform(defined below) while accessing and using the snow mary Platform and/or availing the Services (defined below) as may be rendered by address goes here – 626123 (“Snow mary”) through the ‘Snowmary‘ web (snowmary.com.au), (“snow mary Platform”) to Users from time to time. Any reference to “you” or “User” in these Terms and Conditions, means you, the User of the snow mary Platform, buying the Products (below) and/or availing any of the Services and/or Services available on the snow mary Platform.
snow mary Platform is a platform provided by snow mary to its Users to buy the Products listed on the snow mary Platform by various Users registered with snow mary.
These terms and conditions are between snowmary.com.au and between the buyers and users of this website. We recommend all users to read the terms and conditions carefully before using and registering on the website or accessing any material, information or services through the website.
Any document produced through this website snowmary.com.au will be electronic system generated. It means that any document generated as an electronic record is based under the information technology ACT of 2000, which does not require an electronic or physical signature.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF USE.
GENERAL
As a User, your access to and use of the snow mary Platform are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the snow mary Platform and/or availing any of the Services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the snow mary Platform and/or Services being provided by snow mary (“Policies”), as may be modified by snow mary from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times. snow mary shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the provisions of Services on the snow mary Platform, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the snow mary Platform periodically and keep updated.
The revised Terms of Use shall be made available on the Website. You access the Website and use the Services are 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 snowmary.com.au to view the most current Terms of Use. snowmary.com.au may require you to provide your consent to the updated Terms of Use in a specified manner before prior to any further access of the Website and use of 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.
By using this website or any facility or service provided by this website in any way or merely browsing the website, you agree that you have read, understood and agreed to be bound by these Terms & Conditions for the website’s Privacy Policy available at the homepage, snowmary.com.au
snowmary.com.au agrees to deliver the ordered products by the buyer or a user only at such locations as per the areas mentioned in the delivery chart within Western Australia. The location which are Outside of Western Australia is liable to extra charges, according to the Courier Partner.
COMMUNICATION
You hereby expressly agree to receive communications by way of SMS, e-mails from snowmary.com.au relating to services provided through the website.
A User can unsubscribe the services of snowmary.com.au through SMS and e-mail anytime by unsubscribing from the website by clicking the unsubscribe option attached at the bottom of newsletter received through e-mail
All notices of snowmary.com.au will be served by email or by general notification on the website only. Any notice provided to snowmary.com.au pursuant to the Terms & conditions should be sent to snowmary.com.au customer by support contact@snowmary.com.au
You cannot assign or otherwise transfer the terms and conditions, or any rights granted here under to any third party.snowmary.com.au has rights under the Terms and conditions to freely transferable to any third parties without the requirement of seeking your consent.
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.
SERVICES
The Website is a platform that facilitates the online sale and purchase of “snow mary” brand of organic Oil and services offered by snowmary.com.au various affiliate/ registered merchants/ vendors/service providers at a discounted price. 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 (“Offers and Deals”)
The aforementioned Services and Indirect Services are governed by these Terms and Conditions and applicable Policies of the snow mary Platform, as may be amended from time to time and as will be incorporated in these Terms and Conditions and the Policies by reference. Unless expressly stated otherwise, any new features that augment or enhance the current Services shall be subject to these Terms and Conditions.
ELIGILIBITY FOR USE
The User does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (“IT Act”) as also rules, regulations, guidelines, byelaws and notifications made thereunder, [while assessing or feeding any information/data into the computers, computer systems or computer network of snow mary]. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made thereunder, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the snowmary.com.au system by 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 Australia. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the Services provided by snow mary, through Your legal guardian in accordance with the applicable laws.
snowmary.com.au 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 according any reasons without notification and not supposed to provide any explanation for doing so.
You shall not have more than one active Account on the Website. If we found, you are prohibited from buying, or otherwise transferring Your Account to another party.
USER ACCOUNT, PASSWORD AND SECURITY
snowmary.com.au makes the Services available to you through the website only if you have provided certain required User information and created an account (“Account”) through 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 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 immediately notify snowmary.com.au of any unauthorized use of your Account information or any other breach of security, and ensure that you exit from your account at the end of each session. snowmary.com.au cannot and will not be liable for any loss or damage arising from your failure. You may be held liable for losses incurred by snowmary.com.au or any other user 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.
The Website also allows restricted access to the services for unregistered Users.
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.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or snowmary.com.au has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, snowmary.com.au has the right to suspend or terminate Your Account and refuse any and all current and future use of the Website (or any portion thereof).
MODE OF PAYMENT FOR PURCHASE OF PRODUCTS BY A USER
A User buying a Product using the snow mary Platform may make the payment using any of the payment methods available on the snow mary Platform. It is hereby clarified that the cash on delivery option shall not be available to Users. By purchasing a Product using the snow mary Platform, the User authorises snow mary to collect, process, facilitate and remit the payments of the User buying the Product.
By purchasing the Products using the snow mary Platform and authorizing snow mary to process the payment, the User agrees, accepts and understands that snow mary as part of its Services are only a facilitator providing an electronic, automated online electronic payment, receiving payment and remittance facility for the purchase of the Products.
The User buying a Product, understands that by ordering a Product using the snow mary Platform, the User buying the Product is entering into a binding agreement with the snow mary, to purchase the Product using the payment facilities available on the snow mary Platform.
snowmary.com.au strives to provide you with the best prices as possible as on products and services you buy or avail at the website. The pricing details for purchase of products and services from the Website are detailed under the Offers and Deals.
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 verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. snow mary expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
snowmary.com.au or snow mary, 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 snowmary.com.au with our acquiring bank from time to time.
PRODUCT DELIVERY TIME :
We at snow mary, take all necessary steps to deliver the product safely and securely to your address. Delivery time will vary depending on location of the customers. Only after receiving the payment, we despatch the goods.
- Perth (Metro) – 1 Working day
- Western Australia (Country) – 2 Working days
- Inter State – Minimum 7 Working days (If it is Rural Area, it depends upon its location
DELIVERY POLICY :
When the payment is transferred (credited) to our bank, we start the work of despatching the goods. Goods are delivered by assigned aourier services. The rate of courier charges may vary according to the weight of your purchase. The rate of your Purchase and transporting charges are varied. The transportation charges are inclusive of all taxes. We are not responsible for any delay / non-delivery of goods to the customers due to natural calamities or any cause that is beyond the control of us.
snow mary is not responsible if a non-delivery occurs on account of a mistake in your side (i.e. wrong name or address). Any extra cost incurred for this re-delivery shall be claimed from the customer placing the order.
We are not responsible for the damages occurred while transporting.
LIMITATION OF AVAILABILITY :
snow mary reserves the right to refuse or cancel the order placed for a product listed in our site if asked for a delivery beyond that mentioned address limit.
USER OBLIGATION:
Subject to compliance with the Terms of Use, Snow mARY grants you a non-exclusive, limited privilege to access and use this Website and the services provided therein.
You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by the terms and conditions and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to adhere to all limitations on dissemination, use and reproduction of any materials that you access on the website.
The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which a User does not have any right to;
(ii) is grossly harmful, harassing, derogatory, slanderous, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, threatening, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or abusive in any nature or any information that advocates violence against any individual or group or is otherwise unlawful in any manner whatever;
(iii) harms minors in any way
(iv) infringes any patent, trade secret, trademark, copyright or other proprietary rights or rights of publicity or privacy of any third-party;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person or includes identity documents and/or personal information including financial details;
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or transmits, through any medium, computer viruses of any kind including Trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer program which facilitates hacking of computer system with the intent of damaging or interfering with any computer system or computer network or intercepts any system, information or personal data;
(ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
(x) relates to any prevailing reasonable standards of morality and decency; or any information that is fraudulent, misleading and/or misrepresenting as to the nature of the goods and services or pertain to the sale of any illegal, counterfeit, stolen or unauthorized goods and/or services.
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 snow mary or other third parties.
USE OF WEBSITE
Snow Mary hereby grants you a non-exclusive, freely revocable, 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.
You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.
INTELLECTUAL PROPERTY RIGHTS
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, artwork and computer code on the website is owned and controlled by Snow Mary 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.
The trademarks, logos and service marks displayed on the website are the property of Snow Mary or their vendors or respective third parties. You are not permitted to use the marks without the prior consent, the vendor or the third party that may own the marks.
DISCLAIMER OF WARRANTY & LIABILITY
The website snowmary.com.au, provide services and other materials on an as is basics, that means there shall be no warranties for the following
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
The result that may be obtained from the use of the website or services or materials will be effective, accurate or reliable.
The quality of the website or services or materials will meet the beyond of your expectations.
We at snowmary.com.au will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or your account information in connection with the website or its services or materials either with or without your knowledge.
We will not be responsible for any non-availability of the website during periodic maintenance operation or any unplanned suspension of access to the website that may occur due to technical reasons or for any reasons beyond our control.
INDEMNIFICATION AND LIMITATION OF LIABILITY
A User, on the snow mary Platform, shall keep the website, its affiliates and group companies, successors, assigns and its respective officers, directors and agents, shareholders, representatives indemnified and defend and hold harmless from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly or indirectly, including but not limited to, as a result of:
(i) Breach or non-performance by the User of any of its undertakings, warranties, covenants, declarations or obligations under these Terms and Conditions; or
(ii) any claim or proceeding brought by any of the customer of the Products or any other person against the website/snow mary Platform in respect of any Products or Transaction on the snow mary Platform, whether or not such complaint was settled by the User or was an unsettled claim; or
(iii) any negligent act or omission or default or misconduct or fraud of the User or
(iv) any hacking or lapse in security of the snow mary Platform or the data on the snow mary Platform; or
(v) any act, deed, omission or non-performance on the part of the User which renders the Transaction conducted through the Onilne Pattasu Platform invalid.
The indemnities provided herein and provisions making reference to the indemnities shall survive the termination of these Terms and Conditions and the Policies.
The provisions of Section 10 shall not be applicable for third parties providing the intangible Products through the snow mary Platform and the same shall be governed by the agreement executed between such third party and snow mary.
VIOLATION OF TERMS AND CONDITIONS
By accessing this website you agree that snowmary.com.au may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the Website if we at snowmary.com.au determines that you have violated these terms and conditions or additional terms. You also agree that any violation by you of these terms and conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to snowmary.com.au , for which monetary damages would be inadequate, and you consent to snowmary.com.au obtaining any disjunctive or equitable relief that snow mary deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies snow mary may have at law or in equity.
By accessing this website you agree that snowmary.com.au may, in its sole discretion, and without prior notice, terminate or modify or correct or change or remove the information or material of the website or any service offered on or through the website at any time.
If we at snowmary.com.au or snow mary, does take any legal action against you as a result of your violation of these terms & Conditions, snow mary, 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 snow mary.
TERMINATION
If you want to terminate your agreement with snowmary.com.au, you may do so by not accessing the website or by closing your accounts from our website.
snowmary.com.au may, at any time, with or without notice, terminate the terms & Conditions (wholly or portion) with you if you breach any of the provisions of the Terms & Conditions, 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.
snowmary.com.au may also terminate or suspend all or a portion of your account or access to the services with or without any notifications. Termination of your account may include the following
Removal of access to all offerings within the website or with respect to the services.
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 and
Barring of further use of the services.
By accessing this website and by using the services you also agree that all terminations shall be made in snowmary.com.au sole discretion and that we shall not be liable to you or any third party for any termination of your account or your access to the website and services.
GOVERNING LAW
These terms and conditions and all transactions entered into on or through the website and the relationship between you and snowmary.com.au shall be governed in accordance with the laws of India without reference to conflict of laws principles.
By accessing this website you agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website shall be subject to the exclusive jurisdiction of the courts in Australia and you hereby agree to and accept the jurisdiction of such courts.
REPORT ABUSE
In the event you come across any abuse or violation of these terms and conditions or if you become aware of any objectionable content on the Website, please report to admin@snowmary.com.au
FEEDBACK & INFORMATION
Any feedback you provide to this website shall be deemed to be non-confidential. snowmary.com.au shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant the following
Your feedback should not contain confidential or proprietary information of you or of third parties
snowmary.com.au is not under any obligation of confidentiality, express or implied, with respect to the feedback.
You are not entitled to any compensation or reimbursement of any kind from snowmary.com.au for the feedback under any circumstances.
OFFERS AND DEALS
- Offers cannot be transferred from one account to another.
- Coupons cannot be redeemed for cash.
- The expiration of the offers will depend on the activity it is being credited against.
- snowmary.com.au reserves the right to decide/alter/change the expiration period of the activities at any time with or without notice.
- snowmary.com.au reserves the right to extend or terminate the validity of offers and deals associated to any activity at any time.
- snowmary.com.au has no obligation to compensate the customer after the termination/expiration date of the offers and deals.
- snowmary.com.au 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 offers and deals featured on the website or to withdraw it altogether.
- The use of the offers and deals 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.
- snowmary.com.au 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.