1.1
This website, application, platform, and any service offered under the name “Sniff Drive” is operated and owned by 3t Plus Auto Limited and its related entities or body corporates (“us”, “we” and “our”).
TERMS OF USE
1.
Acceptance of Terms of Use
1.1
This website, application, platform and any service offered under the name “Sniff Drive” is operated and owned by 3t Plus and its related entities or body corporates (“us”, “we” and “our”).
1.2
Your use of the Site is strictly subject to these terms of use and any other policy displayed on the Site (together with the “Terms of Use”). Every time you use this Site or make any purchase through this Site, you indicate that you have read, understood, and accepted to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you must not use the Site.
1.3
We may amend or modify the Site and/or the Terms of Use at our sole discretion and at any time. Any amendments are effective 14 days after publication on the Site. Your continued use of the Site following such modifications will be deemed as acceptance of these modifications.
1.4
These Terms of Use will prevail over any other terms or agreement between you and us.
2.
Definitions
2.1
In these Terms of Use:
Business Day means a day on which banks are open for business in [Delhi], India other than a Saturday or Sunday.
Claim means a claim, action, proceeding, notice, litigation, investigation, judgment, liability or demand made against the person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or deferred whether based in contract, tort or statute and whether involving a third party or party to this agreement.
Feedback refers to any content you post on or through the Site that is specifically about how we can improve the Site and the Products you purchase through the Site.
Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
Price means for each Product, the price listed on Site and which are subject to change from time to time.
Privacy Policy means our privacy policy available Here
Products means the products or goods offered for sale on our Site and includes Sniff Drive branded car fresheners.
Sale Contract means a binding legal agreement under which we sell you the relevant Product/s for the Price/s.
Shipping and Return Policy means our shipping and return policy available Here
Site means this website, app, platform and any service offered under the name “Sniff Drive”.
Terms of Use means these Terms of Use which include the Privacy Policy, the Shipping and Return Policy and any other policy displayed on the Site.
Warranties mean any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
You or your mean you and any user of this Site.
3.
Access
3.1
To access and use the Site or to purchase Products through this Site, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If these conditions are not satisfied, please cease using the Site immediately.
4.
Registration
4.1
While you may browse the Site without creating an account, we may require you to create an account to access certain features of our Site.
4.2
When you create and activate your account make sure that all the personal information, such as your name, email address, payment methods, billing details, shipping information, and other details that you provide is accurate and current. We will handle such personal information in accordance with our Privacy Policy. You represent and warrant that: (a) you have the legal right to use any credit card(s) or another payment method (s) in connection with any purchase on the Site; and that (b) the information you supply to us is true, correct and complete.
4.3
You agree to keep your account information and password secure and not allow anyone to use the Site on your behalf. You will be legally responsible for all actions taken by anyone presenting your user name and password on the Site, including without limitation, all communications, submissions or financial obligations, whether or not made with your knowledge or authority. You must not let someone else use your account
4.4
We will not be liable for any Claim or Loss arising from any kind of unauthorized activity that takes place under your account.
4.5
You must not impersonate any other person or organization.
5.
Your Conduct
5.1
In using the Site, you must:
(a)
strictly comply with any policy displayed on our Site;
(b)
not breach any law (including international law) which may apply in respect of your use of the Site;
(c)
not use the Site to stalk, harass, intimidate, mock or ridicule or in any other way make someone else feel uncomfortable;
(d)
not conduct vulnerability tests or scans on the Site or attempt to make unauthorized modifications to the Site;
(e)
not interfere with the proper working of the Site or any activities conducted via the Site, including by using any automated or manual software or process to "crawl", "spider" or engage in similar conduct in relation to the Site; and
(f)
except to the extent the Copyright Act, 1957 allows you to do so, not reverse engineer or otherwise seek to obtain any source code forming part of the Site.
5.2
You are responsible for all content that you post on the Site and, under no circumstances, will we be liable in any way for any content so posted.
6.
Products
6.1
Sale Contracts
By submitting an online order, you make an offer to purchase Products from us. If we accept your offer by displaying or sending you an order confirmation, a Sale Contract is formed. Each such transaction will be treated as a separate Sale Contract.
6.2
Price
(a)
Unless otherwise expressly stated, all Prices are payable in INR and are inclusive of GST.
(b)
All Prices are subject to change without notice and must be paid without setoff or deduction in accordance with these Terms of Use;
(c)
We accept the payment methods as indicated on the Site. By submitting your order, you represent and warrant that you are authorized to use the chosen payment method and that you authorise us to charge the Price of the relevant Sale Contract to the chosen payment method;
(d)
You agree to keep the payment method current until your Sale Contract is complete and quickly resolve any issues that may arise while we process your Sale Contract. We may suspend or cancel your order without notice if the payment method cannot be verified, is invalid or otherwise unacceptable; and
(e)
We are entitled to charge you:
(i)
an additional charge depending on the payment method you chose;
(ii)
any cost which we pay to recover any amount owed to us by you, including without limitation any legal fees and debt collection charges; and
(iii)
any bank or merchant fees, or commissions charged to us because of any issue with your payment method, and any additional administration fee to process such issues. All such charges must be paid to us on demand.
6.3
Descriptions
Products displayed on our Site or otherwise disclosed may contain errors or inaccuracies, may not be complete or current or may not be available. To the extent permitted by law, we do not warrant that the descriptions or other content available on the Site or otherwise disclosed are accurate, complete, reliable, current, or error-free. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
6.4
Ordering Products
(a)
All Products are subject to availability and all orders accepted by us will be executed at your sole risk.
(b)
We may refuse to sell or supply Products to any person, for any reason or for no reason.
6.5
Cancellation of Order
(a)
We may cancel or reduce the Products ordered by you without notice, amongst others, for any of the following reasons, or for no reason:
(i)
the Product or item(s) for the Product is no longer available; or
(ii)
there was an error in the description or Price of the Product; or
(iii)
there was difficulty in processing payment information; or
(iv)
a fraud or an unauthorized or illegal transaction is suspected; or
(v)
delivery to the address was not possible; or
(vi)
a duplicate order for a Product was placed; or
(vii)
the Product was cancelled with your consent.
(b)
Upon cancellation, any Price paid in advance for the Product will be refunded via your original payment method.
(c)
You may only cancel an order placed on the Site:
(i)
immediately; if we inform you that an “in stock item” is not available for immediate delivery; or
(ii)
via email to [info@sniffdrive.com] within 60 minutes of you receiving an order confirmation.
Any other order may only be cancelled with our prior written permission, which may be withheld at our sole discretion and on terms which will indemnify us against any Claim or Loss resulting from your cancellation of the order.
6.6
Delivery
(a)
Shipping: Shipping rates and expected times will be in accordance with our Shipping and Returns Policy . However, any delivery times quoted to you are indicative only. Products may be delivered in one or more parts. To the extent permitted by law, we do not accept any liability whatsoever for delayed delivery caused by any third party.
(b)
Title to Goods: We retain the legal ownership of any Products until the latter of the dispatch of the Products to you or when full payment for the Products is received by us. The legal ownership of the Products will immediately revert to us if we refund any such payment to you.
(c)
Risk of Loss: You bear the risk of damage to the Products howsoever caused incurred in the course of delivery. You agree that no claim of any nature will lie against us for Products lost or damaged in transit through whatever cause, including negligence, and any carrier of the Products will be deemed to be your agent even where such carrier has been engaged by us.
(d)
Inspection of Products: Upon delivery of the Products, you must inspect the Products for any shortage or quality issues. You will be deemed to have accepted the Products and waived the right to make any claim unless you notify us in writing within 7 days of receiving the Products.
(e)
Carriers: We reserve the right to deliver the Products by any route and procedure and by successive carriers and according to our own handling, storage and transportation methods.
7.
Promotions, Offers and Rewards
7.1
For certain campaigns, promotions, offers or contests (“Offer(s)”), additional terms and conditions may apply. If you want to participate in such Offers you need to agree to the relevant terms and conditions applicable to that Offer. In case of any inconsistency between such terms and conditions and these Terms of Use, those terms and conditions will prevail. If you agree to avail the chosen Offer, the Offer terms and conditions will form a binding legal agreement between you and us with respect to that Offer.
7.2
We reserve the right, at our sole discretion, to disqualify any user who does not meet the Offer requirements or in case of reasons including but not limited to any misuse of the Offer or fraud or suspicious transactions/activities. We also reserve the right to discontinue or change any Offer at any time, at our sole discretion.
7.3
You must meet the eligibility requirements for each Offer to participate in it. Details of the Offers and the eligibility terms and conditions will be provided along with each Offer and the Offers may vary from user to user.
7.4
Any cash back offers launched by us is not intended for children or minors under the age of 18 years without the permission of a parent or guardian. Additionally, any user purchasing the Product and wishing to avail the cash back offer shall comply with the following conditions:
(a)
You shall scan the given QR code and submit the required information such as your name, contact information and invoice details. If the requisite information is not provided to us within 7 days of scanning the QR code, your cash back will be deemed to be forfeited and will no longer be available to you.
(b)
You can avail the cash back only through the designated mode of payment specified in the cash back offer such as Google Pay, WhatsApp and Phone Pe. You will be required to provide your mobile number registered with the chosen payment mode, failing which the Offer will expire.
(c)
If you earn the cash back, the money will be deposited into your bank account within 48 hours of receiving a confirmation from us.
7.5
Any Personal Information collected by us for any Offer will be handled and stored by us in accordance with the Privacy Policy.
7.6
Any taxes that may become applicable to any rewards, cash back or other prize won pursuant to any Offer will be solely to your account and will be payable by you as per applicable law. We will not be responsible for the same in any manner whatsoever and you hereby agree to keep us indemnified against any costs that may be incurred by us in this respect.
8.
Intellectual Property Rights
8.1
Unless otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Site and the Site content including our logo, all product names, page headers, custom graphics, button icons, trademarks, service marks or trade dress. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display or use such marks in any manner without our prior written permission. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Site or Site content by us to you.
8.2
You acknowledge and agree that the Site and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Site.
8.3
You are only granted a limited license (to the extent necessary) to lawfully access and use the Site and its content to display, download, archive and print in hard copy, portions of the Site on a temporary basis and for your individual use only, provided you do not modify the materials, and that you retain any and all copyright and other proprietary notices contained in the materials. You must not do anything which breaches or otherwise interferes with our intellectual property rights or those of any of our third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Site content without our prior written permission or that of the relevant third-party licensor or exploit such content for commercial benefit.
8.4
Any Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
8.5
You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 8 and that equitable or injunctive relief may be necessary.
9.
Third Party Sites
9.1
The Site may link to websites that are owned and operated by third parties over whom we have no control. Such third parties include payment gateway, vendors helping us in logistics and content development, etc. While using this Site, or placing an order on it, you may be directed to such third party websites/services. These external websites are governed by independent terms and conditions and privacy policies which you must review prior to using such websites.
9.2
We may also employ the use of third party services for the purpose of facilitating payment and the completion of Sale Contracts. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
9.3
You acknowledge and agree that when you access a third-party website available via a link contained on the Site:
(a)
you do so at your own risk and that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of such third-party website; and
(b)
we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website.
10.
Disclaimer and Limitation of Liability
10.1
To the maximum extent permitted by law, we exclude all Warranties except for those expressly stated in the Terms of Use. Any Products supplied pursuant to a Sale Contract are supplied “as is” and “as available”.
10.2
The Products on this Site are based on formulations which are not in violation of any Indian laws. Although, we have taken abundant caution and it has been our constant endeavor to render the Products absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical or other conditions. Therefore, we request you to kindly make yourself aware of the ingredients and usage instructions of each of our Products to make sure that they are safe for you to use. You agree that we will not be responsible or liable for any allergic reactions to the user of the Products on account of usage of our Products.
10.3
Any information or advice provided on the Site, including any information or advice in relation to the Products or anything else, is of general nature only. You acknowledge that:
(a)
your use of any Products and consumables or any advice is solely at your own risk;
(b)
you must rely entirely on your own enquiries and judgment in relation to Products and anything offered by us, any advice and any other information or material contained on the Site;
(c)
you must not use any Products in a manner inconsistent with any displayed instructions; and
(d)
we are not liable for any reckless or negligent act or omission by you.
10.4
You must take reasonable steps to store, maintain and use all Products in accordance with standard practice and any instructions provided. We exclude all liability for any damage to the Products caused by your failure to properly follow our advice or reasonable caution in this regard.
10.5
To the extent that any statutory law restricts our right to exclude Warranties under these Terms of Use, these Terms of Use must be read subject to those provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions. If those statutory provisions apply, we limit our liability pursuant to such provisions to:
10.6
Our liability arising in connection with these Terms of Use or the Site is also limited as follows:
(a)
we exclude all liability for consequential, special, indirect, non-economic or remote loss, including loss of opportunity or business;
(b)
our total maximum total liability arising in connection with the purchase of any particular Product(s) is capped to the total amount of Price paid by you for such Product(s);
(c)
our liability is excluded to the extent that you contributed to the liability or are aware of anything for longer than six months but have not commenced a Claim; and
(d)
our liability is subject to your duty to mitigate your loss.
10.7
We provide the Site on an “as is” and on an “as available” basis without any Warranties as to continuous, uninterrupted or secure access to the Site, that its servers are free of computer viruses, bugs or other harmful components, that defects will be corrected, or that you will not have disruption or other difficulties in using the Site.
(a)
the replacement of the relevant Products or the supply of equivalent products; and
(b)
the payment of the cost of replacing the relevant Products or of acquiring equivalent products.
10.8
In the event that we terminate the Site or your access to the Site pursuant to these Terms of Use, you release us from all Loss or Claims suffered by you as result of or arising out of such termination.
10.9
All of the above sub-clauses are cumulative to one another.
11.
Release and Indemnity
11.1
To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
11.2
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
11.3
In this clause:
(a)
Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, sponsors, and other third-party partners.
(b)
Relevant Matter means anything in connection with:
(i)
any damage to person, property, personal injury or death, or defect in the Products, or the use, repair, or storage, of the Product;
(ii)
cancellation of an order, howsoever caused;
(iii)
your breach of these Terms of Use, the Sale Contract or any applicable law;
(iv)
any matter for which we have purported to disclaim liability for under these Terms of Use; and
(v)
your use, misuse, or abuse of the Site.
12.
Termination
12.1
You acknowledge and agree that:
(a)
we may terminate your access to the Site at any time without giving any explanation;
(b)
we may terminate these Terms of Use or any Sale Contract immediately by notice to you in writing if you are deemed to breach these Terms of Use or associated policies in any way, in our sole discretion; and
(c)
Termination of these Terms of Use, a Sale Contract or your access to the Site does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
12.2
If you wish to terminate your account, you may simply discontinue using the Site.
12.3
All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, release and limitations of liability.
13.
General
13.1
You agree that our delivery notes will be deemed to be proof of delivery to you of the Products described in the delivery note. In the event of a dispute as to the number of Products sold and delivered and their value, the onus of proving that the Products were not delivered and/or the quantity and price thereof is not in accordance with our invoices will be upon you.
13.2
We are not liable for any failure to comply with a Sale Contract if the failure (directly or indirectly) arises out of circumstances which are not within our reasonable control such as strikes, lock outs, failure of usual sources of supply of Products, civil commotion, acts of terrorism, commercial exigencies, accidents, war, fire, flood, explosion, shortage of power, breakdown of plant or machinery, shortage of raw materials from normal source of supply, act of God or any order or direction of any local, state or federal government, government agency or instrumentality, epidemic, pandemic or quarantine restrictions. If such circumstances occur, we may delay or suspend delivery of Products, without any cost to us. In such an event, we may with your consent cancel the order and at our sole discretion, issue a credit, or refund any moneys paid in advance, after which you will have no further claim on the Products or against us. If the order is not so cancelled, we will complete delivery as soon as reasonably practicable.
13.3
No concession, latitude or indulgence allowed by us to you may be construed as a waiver or abandonment of any of our rights under the Terms of Use or act as an estoppel against us.
13.4
You agree that a certificate signed by any of our employees setting out the balance owing by you to us for Products sold will be final, binding and conclusive as against you.
13.5
You hereby irrevocably appoint us as your attorney and agent to do all acts and deeds and sign all documents in your name so as to enable us to exercise our rights under these Terms of Use or any Sale Contract.
13.6
Notices are taken to be read on the day they are received, unless they are received after 5 PM or not on a Business Day, in which case they are deemed to be received on the next Business Day. Any notice to you will be addressed to the most recent address that we have of you in our records. Any notice to us must be sent to [info@sniffdrive.com].
13.7
You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use.
13.8
If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
13.9
These Terms of Use are governed by the laws of India and each party submits to the exclusive jurisdiction of the courts at [Delhi] and all courts of appeal therefrom.
13.10
Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
13.11
The contents of these Terms of Use and the Sale Contract constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.