SNAPMINT USER AGREEMENT

This Snapmint User Agreement (“Terms/ Agreement”) shall constitute a valid and binding contract between: (i) Snapmint Credit Advisory Private Limited, a company incorporated under the provisions of the Companies Act 2013, having corporate identity number (CIN) U72200MH2017PTC300126, and registered office at Unit No. 205, Building No. 3, Sector 3, Millenium Business Park, MIDC, Mahape Navi Mumbai City MH 400710 ( “Snapmint”, “we”, “us”, “our” or the “Company”, which expression shall unless repugnant to the context or meaning thereof, include its Affiliates, successors in interest and permitted assigns); and (ii) you (“you”, the “Customer” or the "User") regarding the use of the Application and/or Services.

SCOPE AND PRINCIPAL UNDERSTANDING
1. Snapmint is a technology service provider that operates the website ‘www.snapmint.com’, connected software and applications including the mobile application and the infrastructure associated with it (“Application”). Snapmint, through the Application, enables fast, secure and easy transactions between Customers and Merchants. Snapmint enables Customers to pay for Merchant’s Products through either the interest-free deferred payment facility of Merchants or Financing Facility (collectively “Checkout Facility”).
2. Snapmint enables the Users to purchase the Products offered by the Merchants through the Application or through the Merchant’s shops, websites and mobile applications and pay the purchase price through the Checkout Facility (“Services”).
3. These Terms describe a contractual relationship between you and Snapmint regarding your (i) use of the Application; and/or (ii) the Services .
4. This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, and provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
5. These Terms are a legally binding document between Snapmint and you. You agree to avail the Checkout Facility in accordance with the Terms and other Transaction Documents (defined below).
DEFINITIONS AND INTERPRETATION
1. In addition to the terms defined in the introduction to these Terms and other parts of these Terms, wherever used in these Terms, unless repugnant to the meaning or context thereof, the following expressions shall have the meanings set forth below:
  1. “Affiliate” means in relation to any Party, a holding company, subsidiary company or group company which are under common control.
  2. “Financial Partner” means banks, non-banking financial institutions, and other RBI regulated entities which enlist on the Snapmint Application to offer Financing Facility to the Users for purchase of the Products.
  3. “Financing Facility” means a credit facility that the Financial Partners offer to Users for purchase of the Products on the Application.
  4. “Financing Facility Transaction” means the purchase of Product by a User from a Merchant through the Financing Facility.
  5. “Intellectual Property” means any intellectual property of Snapmint including but not limited to copyright including copyright applications and copyright arising from such applications, and trademarks, logos, patent, service marks, trade secrets, registered designs, design rights, rights of license, assignment, use, moral rights, rights of confidence in know how or technical or commercial information generally, rights in relation to databases, and include, but not limited to, information relating to research and development, discoveries, improvements, processes, know-how, drawings, blueprints, specifications, samples, formulae, notes, patents, copyrights, trademarks, and any other such rights or interests in intellectual property, developed by the Parties directly or through others, whether or not protected under any law in force.
  6. “Loan Agreement” means an agreement between you and the Financial Partner which governs the terms of Financing Facility, if availed by you.
  7. “Merchant(s)” means a person or entity who offer to sell the Products to the Users through the Application or through their shops, websites or mobile application, and partners with Snapmint to facilitate payments for Products.
  8. “Merchant Facility” means an interest free deferred payment facility that a Merchant offers, in its sole discretion, to a User for purchase of Products from the Merchant.
  9. “Merchant Facility Transaction” means the purchase of Product by a User from a Merchant through the Merchant Facility.
  10. “Merchant Facility Transaction Cost” means the cost of Product (as indicated on the invoice for the Product) purchased by a User from a Merchant through the Merchant Facility and any other charges that User agrees to pay to the Merchant with respect to the facility.
  11. “Successful Transaction” means a transaction in which (i) the User has made down-payment (if any) for a Merchant’s Product, (ii) the Checkout Facility has been offered to User and User has agreed to use it to make payment for Merchant’s Products, (iii) a Transaction Order ID and details of the purchase have been provided by the Merchant to Snapmint, and (iv) no Payment Review (if any) is pending.
  12. “Transaction Order(s)” shall mean an order by a User to purchase a product/service from the Merchant, for which the User has agreed to use the Checkout Facility and no Payment Review (if any) is pending.
  13. “Transaction Documents” include these Terms and Conditions, and any other document that you execute with or is issued by Snapmint/Merchant/Financial Partner in relation, or pertaining, to the Checkout Facility and each such Transaction Documents as amended from time to time. The Transaction Documents include the Loan Agreement.
  14. “User Account” means an account created by you for the purposes of using the Application.
  15. “Parties” means you and Snapmint, who are parties to these Terms.
  16. “Policy” or “Policies” means any Policy or other agreement between you and Snapmint that is notified to you through the Application or you have accepted in connection with your use of the Services.
  17. “Products” means goods and /or services offered by the Merchants through the Application or through Merchant’s shops, websites or mobile applications.
USE OF SERVICES
1. You agree to comply with Agreement while using the Checkout Facility. Your consent to avail either of the Checkout Facilities will indicate your acceptance of the Agreement. The proceeds of the facilities must be solely used for purchase of Products. The User must not utilise the proceeds of the facilities for any purpose which is in violation of any applicable law, Transaction Documents or the Snapmint’s, Merchant’s or Financing Partner’s policies.
2. You also agree and acknowledge that upon instruction of Merchant and/or Financial Partner, Snapmint may need to revise the terms of the Merchant Facility and/or Financing Facility, respectively. Please be on a lookout for such changes. You agree and acknowledge that Snapmint will not be responsible for notifying you about such changes. If, at any time, you do not agree with the terms of Agreement, you can cease use of the Services, by making payment of all outstanding amounts to us, Merchants or Financial Partner (depending on the facility you avail).
3. By using the Application and availing the Services, you hereby acknowledge that Snapmint is not a Merchant, but it only facilitates sale of the Products by the Merchants and payments for the Products by the User through the Application or through a tab provided at the Merchant’s shops, their websites or mobile applications.
4. For the avoidance of any doubt, Snapmint itself does not provide the Products. It is up to the Merchant to offer Products, through the Application or through their shops, websites or mobile applications. The responsibility for provision of the Products by the Merchant to you and any liability therefrom is therefore solely with the Merchants. Snapmint will use reasonable efforts to facilitate your transaction with a Merchant.
5. Snapmint does not at any point of time during any transaction between User and Merchant, take the ownership of any of Products nor does it at any point assert any rights or claims or any representation or warranty about the usage, merchantability or quality of the Product. User acknowledges that Snapmint does not have any Product related liability to the User including but not limited to the liability arising out of wrong/defective Product or delay in delivery; and Merchant shall be solely liable to the User for the same. The User agrees and acknowledges to not make Snapmint a party to any such dispute.
6. For undertaking a Merchant Facility Transaction or Financing Facility Transaction, you must follow these steps:
  1. The Application will guide you through different steps to complete the transactions. You will able to avail the relevant facility once the prescribed steps are complete.
  2. You must notify Snapmint about any unauthorized use of your User Account. You agree and acknowledge that Snapmint, Merchant or Financial Partner will not be liable for any losses or damages for such unauthorized use if the reasons for misuse can be attributed to you.
  3. Snapmint will not be responsible for initiating refunds and you will have to contact the Merchant to place any such request.
7. Merchant Facility
  1. For availing the Merchant facility, you agree to comply with the terms (if any) that the Merchant shares with you, and follow the application process for the Merchant Facility. The Merchant will offer the Merchant Facility to you at its sole discretion.
  2. You agree and acknowledge that the Merchant may vary the terms of the Merchant Facility, from time to time, in consultation with Snapmint.
  3. While using the Service, you, by clicking on the “Checkout” button or any other similar button as provided on the Application or on the Merchant’s shop, website, e-commerce website or mobile based application, shall have placed a Transaction Order whereby you agree that the amounts due under such transaction may be recovered by Snapmint on behalf of the Merchant.
  4. You agree and acknowledge that Merchants have appointed Snapmint as their collection agent. Accordingly, you will pay Merchant Facility Transaction Cost, as per the agreed terms, to Snapmint. You authorize Snapmint and its representatives to collect the Merchant Facility Transaction Cost from you on behalf of the Merchant. You shall not contest the right of Snapmint to recover such amounts on behalf of the Merchant. Upon payment of such amounts to Snapmint, you shall not have any liability to the Merchant in respect of such amounts.
8. The User hereby acknowledges that any amount paid to the Merchant in the form of a token amount/down payment for purchasing the Product shall be settled between the Merchant and the User(s).
9. Financing Facility
  1. For availing the Financing facility, You must agree to terms under the Transaction Document that the Financing Partner shares with you, and follow the application process for the Financing Facility, mentioned on the Application. You will be granted the Financing Facility by such Financing Partner at its sole discretion.
  2. By participating in the Financing Facility, you may have the option to defer payment of the purchase price of the Products (the "Finance Amount"), subject to the monetary limits specified by the Financial Partner (the "Finance Limit"). Please be aware that the Financial Partner reserves the right to adjust or modify the Finance Limit and payment terms periodically at their discretion. You acknowledge and agree to these potential variations or modifications imposed by the Financial Partner. For any Financing Facility Transaction, you will be responsible for paying the Finance Amount, along with any applicable interest and charges. These payments must be made to the Financial Partner, in accordance with the terms and conditions agreed upon between you and the Financial Partner.
10. You agree and acknowledge that you have authorised the Financial Partner to disburse the Financing Facility Transaction amount directly to the Merchant in relation to the purchase of the Product(s) by you). Subject to and unless otherwise mentioned in the Transaction Documents, once the amount is disbursed to the Merchant, it will be assumed that the Financial Partner has sanctioned the Financing Facility.
11. By accepting these Terms, you hereby acknowledge and agree to the following:
  1. The User’s obligation, as a borrower, to ensure timely payment of the principal and interest (wherever applicable) shall be unconditional and will remain unaffected, notwithstanding that the Product may be lost, stolen, damaged, defective or destroyed due to any reason or due to an act/omission of the User(s) or the Merchant or any third party, while the Product is being delivered or otherwise.
  2. In the event that you fail to make any payment, whole or part, by the specified due date, in accordance with the Transaction Documents, Snapmint reserves the right, at its sole discretion, to suspend the User Account associated with the User;
  3. Notwithstanding anything, Snapmint, Merchant and/or the Financial Partner, depending on the type of Checkout Facility you avail, retain the right to take necessary actions and initiate appropriate proceedings, as deemed suitable or entitled under contract, law, equity, or other legal grounds, to recover the amount due, along with any additional amounts, levy and penalties owed by you. Such actions and proceedings shall be at your sole cost, risk, and expense; and
  4. You acknowledge and agree that the repayment of amount due shall remain valid and enforceable even in the event of your bankruptcy, death, or any other circumstances. Furthermore, you acknowledge that Snapmint, Merchant and/or the Financial Partner, as applicable, retains the right to recover such amount from your properties, assets, legal heirs, or successors in such scenarios.
12. To enable the efficiency of Services, Snapmint is authorized but not obligated to collect and hold all documents, writings, agreements, cheques, drafts, other instruments from the Users and records relating to the payments for the Products under the Merchant Facility. Snapmint relies on partners, payment gateways, third party systems, and institutions to receive the payments from the User (“Third-Party Systems”). You agree and acknowledge that Snapmint shall be bound by the terms and conditions and policies of such Third-Party Systems including where such Third-Party Systems require the collection, recording, maintenance and/ or holding of data.
13. Snapmint will maintain necessary records in respect of the transactions entered into by the User and amounts due in respect of Products and the User agrees to sharing of such records with the Financial Partner/ Merchant. The User agrees that such records as maintained by Snapmint shall be sufficient proof of the transactions entered into by the User and the amounts due thereto, which the User shall not dispute.
14. Snapmint reserves the right to change the nature of Services from time to time without any prior notice.
15. Subject to the Terms, User acknowledges and agrees that Snapmint may stop (permanently or temporarily) providing the Services (or any features within the Services) to you specifically or to Users generally at Snapmint’s sole discretion, without assigning any reason. You may stop using the Services, in accordance with the Terms, provided that you shall be bound to pay amounts that are due from you to Snapmint, Merchants or Financial Partners.
16. The User acknowledges that each transaction shall be assessed by Snapmint in accordance with its own internal standards for processing of such transactions and Snapmint shall have the right to deny the processing of any transaction at its sole discretion.
17. Payment review is a process by which Snapmint reviews certain potentially high-risk transactions (“Payment Review”). Snapmint will, in its sole discretion, determine the type of Transaction Order that must undergo a Payment Review. If a transaction is subject to Payment Review, Snapmint will place a hold on the payment and provide notice to the User and the Merchant. Snapmint will conduct a review and either clear or cancel the payment. Snapmint will provide notice of clearance or denial of the payment to the User and the Merchant..
ELIGIBILITY
1. You shall not use the Application or avail Services if (a) you are not of legal age to form a binding contract, or (b) you are a person who is either barred or otherwise legally prohibited from receiving or using the Application/Services under the laws of India.
USER ACCOUNT
1. In order to use the Application, you shall create a User Account. To register a User Account, you are required to complete your online profile by providing us with complete and accurate information and agree to relevant Snapmint Policies. It is important that you must keep your account password secure and confidential and you shall be solely responsible for safeguarding the password for your account. You shall not share your User Account or allow any third party to use your User Account. You shall be responsible for all actions occur in your User Account. Snapmint will not be liable for any loss or damage arising from your failure to comply with the above. You must notify Snapmint immediately of any breach of security or unauthorized use of your User Account.
2. Snapmint collects general user data including name, email-id, address, contact details etc. to facilitate Services by allowing to create User Account on the Application in accordance with Applicable Laws. Snapmint also collects relevant user data from the Merchants to facilitate the Service efficiently. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Snapmint reserves the right, at any time, to take steps necessary to assist the Merchant in ensuring User’s compliance with all relevant and applicable KYC requirements, if any. The User agrees to notify Snapmint immediately, in accordance with the Snapmint privacy policy, if any information or details submitted by Borrower at the application stage needs to be rectified or updated.
3. It is assumed that all information provided by the User for creating the User Account is accurate and up to date. Snapmint can verify the information that User have provided and choose to refuse the Service or use of the Application without providing reasons. Misuse or misrepresentation by the User will lead to automated termination of Service and User Account without any prior notice to such User.
4. User Account, bearing details provided by the User, are created and owned by Snapmint. Any promotional discounts, offers and reward points accumulated or likes of such provided by the Merchants can be revoked without prior notice in the event of suspicious account activity or malafide intent/conduct of the User. In the case where the system is unable to establish unique identity of the User against the details provided to Snapmint, the User Account shall be indefinitely suspended. Snapmint reserves the full discretion to suspend a User Account in the above event, temporarily or permanently, and does not have the liability to share any account information whatsoever.
5. Each time you avail the Merchant Facility or the Financing Facility, you may be prompted to accept some terms and Transaction Documents specific to each facility. Acceptance of any such new terms will not result in creation of a new User Account. The User acknowledges that retaining the Snapmint Application on the User's device is essential for seamlessly discharging the User's obligations under this Agreement. The User must not uninstall the Snapmint Application from their mobile device, with an intention to avoid repayment of the amounts due under the Checkout Facility, unless and until the User has discharged the User’s entire obligations as provided under this Agreement. In case the User needs to remove the Snapmint Application from his/her mobile device before the dues under the Checkout Facility, the User must first write to Snapmint at the contact details mentioned on the Snapmint Application, and follow the instructions of Snapmint. The User acknowledges that fraudulent deletion of the Snapmint Application with an intention to avoid repayment of the loan will amount to breach of this Terms. Notwithstanding the above, uninstalling the Snapmint Application does not discharge the User from any of his/her obligations as provided under this Agreement.
DISCLAIMER
1. You acknowledge that Snapmint is an intermediary, and shall not have any liability whatsoever for any act or omission on the part of the Merchant or Financing Partner.
2. The information provided on the Application is on an ‘as is where is’ basis. Snapmint does not make any warranty or representation regarding the quality, accuracy or completeness of any information and specifically disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of Products, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any User or any other person, arising out of or from the use of any such information.
3. Snapmint will make reasonable endeavour to ensure that the description and content on the Application is correct; it does not, however, take responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Snapmint does not warrant or make any representations regarding the use of or the result of the use of the material on the Application in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from Merchants.
4. Snapmint cannot control or prevent changes in the published descriptions or representations, which are always based upon information provided by the Merchants. Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5. Snapmint acts only as a facilitator for the sale of Products and shall not be held liable for any changes, deficiencies, disputes, etc. related to the Products, including the matters related to delays in return, refunds or no refunds.
6. Snapmint does not warrant that the functions contained in this Application will be uninterrupted or error free, that defects will be corrected, or that this Application is free of viruses or other harmful components. Snapmint uses its reasonable endeavours to protect the Application from virus or other malware.
TAX
1. Any consideration and/or amount paid pursuant to these Terms shall be subject to applicable taxes including but limited to goods and service tax, withholding of taxes as applicable and you shall be liable to pay the same.
PRIVACY POLICY
1. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Company. The User further consents that the terms and contents of such Privacy Policy are acceptable to him. https://snapmint.com/privacy-policy
REFUND POLICY
1. The User hereby consents, expresses and agrees that he has read and fully understands the Return and Refund Policy of the Merchant before buying the Product. The User further consents that the terms and contents of such policy are acceptable to him.
REPRESENTATIONS, COVENANTS AND UNDERTAKINGS
1. Each Party represents and warrants to the other Party that:
  1. if the Party is a legal entity, the execution, delivery and performance of this Agreement is within its corporate power and has been duly authorized by all necessary or proper corporate actions;
  2. if it is a legal entity, it does not and will not contravene any provisions of its certificate of incorporation, memorandum of association, articles of association or bylaws; and
  3. it will not violate any applicable law.
  4. it is not under any disability, restriction or prohibition, whether legal, contractual or otherwise, which shall prevent it from performing or adhering to any of its obligations under this Agreement and has not entered into and shall not enter into any memorandum of understanding or agreement or any other instrument that may violate this Agreement;
  5. no litigation, arbitration or administrative proceedings are threatened, or to the knowledge of the Parties, pending which call into question the validity or performance of its obligations under this Agreement; and
  6. that all authorizations, approvals, consents, licenses, exemptions, filings, and other matters, official or otherwise, required or advisable in connection with the entry into, performance, validity and enforceability of this Agreement and the transactions contemplated hereby have or shall be obtained or effected in a timely manner.
2. In addition, the User represents, confirms and warrants to Snapmint (to the extent applicable) that:
  1. All information supplied by the User is true, accurate, current and complete.
  2. He/she is an Indian national and a tax resident of India.
  3. He/she is of legal age to enter into a binding contract. Snapmint shall not be held responsible for any losses accrued to any User because of any transaction made by underage persons.
  4. User is not a person barred from availing our Services under the applicable law.
  5. He/she is solvent and has the financial wherewithal to fulfill the obligations under the Agreement;
  6. User shall not use anyone else's account and password at any time.
  7. User shall avail our Services to make only legitimate transaction for the User or others for whom the User is legally authorized to act, and not fraudulent or false transactions.
  8. User shall not use the Application for any unlawful and illegal activities including but not limited to identity theft, impersonation, violation of privacy, cyber terrorism, publishing or transmitting sexually explicit content.
  9. User shall not use the Application for any commercial purposes. It is clarified that the Services are not for commercial use but is specifically meant for personal use only.
  10. The User shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Application.
  11. The User shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
    1. belongs to another person and to which User does not have any right to;
    2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. harms minors in any way;
    4. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of privacy;
    5. violates any law for the time being in force;
    6. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    7. impersonate another person;
    8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or damage or diminish value of, surreptitiously intercept or expropriate any system, data or personal information. A “computer resource” means a computer system, computer network, data, computer database or software;
    9. 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
    10. is false, inaccurate or misleading
    11. creates any liability for us. or cause us to lose (in whole or in part) the services of any of our service providers.
3. You consent to conduct transactions, accept the terms and conditions of these Terms and the Privacy Policy as displayed on the Application.
4. You consent to receive communications, notices and information from us through post or any other physical medium or electronically (whether through SMS, emails, push notifications via web or app, WhatsApp, phone calls and automated phone calls). Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address / mobile number / details provided by you or any other third party during the sign-up process as per our records, or when we post the electronic communication on the Application.
5. You are solely responsible for any breach of your obligations under these Terms (including financial obligations) and for the consequences (including any loss or damage which Snapmint may suffer) of any such breach.
RESTRICTED ACTIVITIES
1. In connection with your use of our Application, your User Account, Services, or in the course of your interactions with Snapmint, Merchants, or third parties, you will not engage in improper behaviours such as (each of the below shall hereinafter be referred to as “Restricted Activity/(ies)”):
  1. Breach these Terms, Transaction Documents, or any other agreement or policy that you have agreed to with Snapmint;
  2. Act in a manner that is defamatory, trade libellous, threatening or harasses Snapmint, Merchants, or third parties associated with Snapmint;
  3. Provide false, inaccurate or misleading information;
  4. Use your User Account or Snapmint Services in a manner that Snapmint, or any other electronic funds transfer network reasonably believes to be an abuse of the electronic funds transfer system or a violation of card association or network rules;
  5. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission; or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with the Application or Snapmint Services;
  6. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
  7. Use Snapmint Services to test payment behaviours;
  8. Circumvent any Snapmint policy or determinations about your User Account such as temporary or indefinite suspensions or other limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional User Account(s) when a User Account has been restricted, suspended or otherwise limited; creating new or additional User Accounts using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s User Account, etc.
2. If Snapmint has adequate reason to believe that you may have engaged in any Restricted Activities, we may take various actions to protect Snapmint, Merchants, Financial Partners or other third parties, which may include but are not limited to the following:
  1. We may close, suspend, or limit your access to your User Account or Snapmint Services;
  2. We may contact Merchants/Financial Partners you have interacted with, contact your bank, and/or warn other Merchants/Financial Partners, law enforcement, or impacted third parties of your actions;
  3. In case any false, inaccurate or misleading information provided by you, we shall have the right to update such information provided by you;
  4. We may refuse to provide Snapmint Services to you in the future;
  5. We may hold any balance of funds due to be paid by Snapmint to you if reasonably needed to protect us against the risk of liability;
  6. We may take legal action against you; and
  7. Snapmint, in its sole discretion, reserves the right to terminate these Terms, access to its Application, access to Snapmint Services, and access to the User Account for any reason and at any time.
LIABILITY AND INDEMNIFICATION
1. You hereby agrees to defend, indemnify and hold Snapmint, our parent company, Financial Partners, Affiliates and the officers, directors, agents, joint venturers, employees and suppliers of Snapmint, harmless from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly as a result of:
  1. breach or non-performance by you of any of your undertakings, warranties, covenants, declarations or obligations under this Agreement;
  2. any misrepresentation, or fraud by you;
  3. any hacking or lapse in security of the API or data, attributable to the User’s negligence, that impacts Snapmint; and
  4. any act, deed, negligence, omission, misrepresentation, default, misconduct, non-performance or fraud by the You, your employees, contractors, agents.
2. Snapmint hereby undertakes and agrees to indemnify, defend and hold you harmless from and against all actions, proceedings, claims (including third party claims), liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs), awards, damages, losses and/or expenses however arising directly as a result of:
  1. breach or non-performance by Snapmint of any of its undertakings, warranties, covenants, declarations or obligations under this Agreement; or
  2. any misrepresentation, or fraud by Snapmint in the performance of this Agreement;
3. Limitation of Liability
  1. Neither Party shall be liable for any special, incidental, or consequential damages, damages from loss of profits or business opportunities even if the other Party has been advised in advance of the possibility of such loss, cost or damages.
  2. In no event, the total liability of Snapmint or, its directors, employees, agents, to you for all damages, liabilities, losses, and causes of action arising out of or relating to (i) this Agreement, (ii) the Application or the Services, (iii) your use or inability to use the Services or the Application, or (iv) any other interactions with Snapmint, however caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the Services or the Application giving rise to the cause of action or 5000 Rupees, whichever is lesser.
  3. Snapmint’s liability with respect to the Merchant Facility or Financing Facility will be limited solely to extent mentioned in the Agreement. Snapmint will not be liable for failure of Merchant or Financial Partners in providing the relevant facility to you, or any losses that arise out of it. Snapmint will not be responsible for non-approval or non-disbursal of any of the facilities to you by the Merchant or Financial Partner, as the case may be.
NO WARRANTY
1. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. SNAPMINT, OUR PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF SNAPMINT, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Notwithstanding anything contained in these Terms, Snapmint does not warrant that the Services:
  1. will perform error-free or uninterrupted, or that Snapmint will correct all errors or defects,
  2. will operate in combination with the devices of the Merchant, or with any other hardware, software, systems or data not provided by Snapmint,
  3. will meet the requirements, specifications or expectations of the Merchant.
3. Snapmint does not have any control over the Products that are paid for with Snapmint Services and Snapmint cannot ensure that a Merchant you are dealing with will actually complete the transaction or is authorized to do so. Snapmint does not guarantee continuous, uninterrupted or secure access to any part of Services, and operation of our site may be interfered with by numerous factors outside of our control. Snapmint will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but Snapmint makes no representations or warranties regarding the amount of time needed to complete processing because Services are dependent upon many factors outside of our control, such as delays in the banking system or international mail service.
4. In the event User faces any issue in relation to the Services, User shall raise a request for resolution of such issue. User shall ensure that the said request contains accurate and complete details of the issue faced by User in relation to the Services. Snapmint shall take all necessary steps to rectify and redress any issues that User raises with reference to the Services to ensure the smooth and uninterrupted performance of Services.
TERMINATION
1. Snapmint reserves the right to refuse registration or to provide Services or terminate the Agreement and User Account of any User if the Users breach this Agreement or any other Snapmint Policies or without assigning any reason thereof, at its sole discretion. You may terminate your relationship with us by closing / deleting your User Account.
2. Termination shall not affect the liability or obligations of the parties arising prior to such termination. Subject to terms of Transaction Document including User’s agreement with Merchant or Financial Partner (if any), any and all amounts and charges payable pursuant to access or use of the Application and/or Services shall become immediately due and payable.
DISPUTE RESOLUTION
1. If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of this Agreement (whether before or after the termination or breach of this Agreement) the concerned representatives of the Parties shall promptly and in good faith negotiate with a view to reach an amicable resolution and settlement of the dispute.
2. In the event no amicable resolution or settlement is reached within a period of 30 (thirty) days from the first meeting or discussion between the concerned representatives of the Parties in relation to a dispute, such dispute or difference shall be referred to a sole arbitrator mutually appointed by the Parties or, upon the failure of the Parties to agree upon a sole arbitrator, a sole arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any amendments thereof. The seat and venue of arbitration shall be Mumbai, India and all arbitral proceedings shall be conducted in English.
3. The existence of any dispute or difference or the initiation or continuance of the arbitration proceedings shall not postpone or delay the performance by the Parties of their respective obligations pursuant to this Agreement. It is agreed that the sole arbitrator shall also determine and make an award as to the costs of the arbitration proceedings. Notwithstanding anything contained herein, the Parties shall have a right to institute legal proceedings to prevent any continuing breach of the provisions of this Agreement to seek an injunctive or any other specific relief.
APPLICABLE LAW
1. The laws of India will govern these Terms and any claim or dispute that has arisen or may arise between you and Snapmint. Subject to Clause 15 (Dispute Resolution) above, the Courts at Mumbai shall have exclusive jurisdiction in respect of all matters under these Terms.
INTELLECTUAL PROPERTY
1. All Intellectual Property related to the Application and Services are trademarks, service marks, trade secrets, trade dress, copyright, patent, database rights and intellectual property rights or other proprietary rights (“Snapmint Intellectual Property”) of Snapmint or Snapmint’s licensors. Also, all page headers, custom graphics, button icons, and scripts are Snapmint Intellectual Property. You may not copy, alter, modify, imitate, reverse engineer, decompile, exploit or use Snapmint’s Intellectual Property without Snapmint’s prior written consent.. All right, title and interest in and to the Snapmint Intellectual Property, any content thereon, the technology related to Services, and any and all technology and any content created or derived from any of the preceding is the exclusive property of Snapmint and its licensors.
2. Snapmint grants Users a non-exclusive, non-transferable, non-sublicensable right to use our Application and Services solely for your personal use.
3. The User shall not upload post, reproduce, or distribute any content on the Application that is protected by copyright or other proprietary right of any third party, without obtaining the written permission of the owner of such right.
OUR COMMUNICATION
1. Notices to you
  1. You agree that Snapmint may provide you communications about your User Account and Services electronically. Any electronic communications will be considered to be received by you within 1 (one) hour after the time we post it to our website or to your User Account or email it to you. Any communications sent to you by postal mail will be considered to be received by you 3 (Three) business days after we send it. You may opt out of some of these messages unless they are necessary for the delivery of Services, for compliance with Applicable Laws, or for information security. You may opt out of receiving promotional communication on your devices from us by writing to us at consent.care@snapmint.com.
2. Notices to Snapmint
  1. Notice to Snapmint must be sent by postal mail to: compliances@snapmint.com.
  2. For any dispute or query attributable to the Merchant, the Merchant shall be responsible for resolving such dispute or query.
  3. For any dispute or query attributable to the Financing Scheme, Snapmint and its Financial Partner shall be responsible for resolving such dispute or query. Snapmint’s has also appointed a grievance officer who will be responsible for resolution of such dispute. The details of the grievance officer are set out here: Ajit Kumar ajit@snapmint.com
MISCELLANEOUS
1. No Waiver
  1. Failure to act with respect to a breach by either Party does not waive our right to act with respect to subsequent or similar breaches.
2. Entire Agreement
  1. These Terms and Transaction Documents, along with the Policies comprise the final understanding of the Parties relating to the subject matter hereof and cancels all prior discussion or agreements, whether written or oral, between the Parties.
3. Severability
  1. If any provision of these Terms is determined to be unenforceable in whole or in part thereof for any reason, then such provision or part thereof, shall, to that extent, be deemed deleted from these Terms and the legality, validity and enforceability of the remaining provisions of these Terms shall not be in any way be affected thereby and any act of omission/commission of the Parties hereto done prior to the provisions being held unenforceable shall be deemed to be valid and/or binding on the other.
4. Assignment
  1. These Terms will bind the successors of the Parties. The rights under these Terms granted to the User is not assignable or transferable. Snapmint shall be entitled to assign or transfer its rights and obligations under these Terms to any other entity.
5. Survival
  1. Any of the provisions, which by its nature should survive termination, irrespective of nature of termination shall survive the termination of these Terms.
6. Force Majeure
  1. Neither Party will be liable for any delay or failure in performing its obligations hereunder, except for any obligations of Users to make payments to Snapmint under this Agreement, that is due to an act of God, act of governmental body or military authority, fire, explosion, flood, epidemic, pandemic, government regulations to control epidemics and pandemics including but not limited to lockdowns and quarantines, riot or civil disturbance, war, act of terrorism, sabotage, accidents, insurrections, blockades, embargoes, storms or similar event beyond the reasonable control of the non-performing Party (each, a “Force Majeure Event“). Upon the occurrence of a Force Majeure Event, the Party whose performance is affected will give written notice to the other Party describing the affected performance. The Parties will promptly confer, in good faith, to agree upon equitable and reasonable action to minimize the impact of the condition on both Parties. The Parties agree that the Party whose performance is affected will use commercially reasonable efforts to minimize the delay caused by the Force Majeure Event and recommence the affected performance.
7. Amendment
  1. Snapmint reserves the right to change, modify, add to, or remove any portions of these Terms at any time, subject to Applicable Law
8. Further Assurance
  1. Each Party shall co-operate with the other Party and execute and deliver to the other Party such instruments and documents and take such other actions as may be reasonably requested from time to time in order to carry out, evidence and confirm their rights hereunder and the intended purpose of this Agreement and to ensure the complete and prompt fulfilment, observance and performance of the provisions of this Agreement and generally that full effect is given to the provisions of this Agreement.
9. Counterparts
  1. This Agreement may be executed in two or more counterparts, each of which, when executed and delivered, is an original, but all the counterparts taken together shall constitute one document. Any digitally or electronically signed copy of the Agreement delivered by electronic transmission will be treated for all purposes as if it had been delivered containing original signatures.

SCHEDULE I

TRANSACTION FLOW AND TERMS OF REPAYMENT FOR MERCHANT FACILITY

Transaction Flow and refund process
1. The transaction flow will be as under:
  1. Merchant will, upon receiving an order for product/service from Users, offer the Checkout Facility to the Users.
  2. If the Users choose to avail the Checkout Facility, they will be redirected to the Snapmint Application. After that, the Snapmint and/or Financial Partners, will, as per the terms of the Agreement/applicable laws, confirm if the User is eligible to avail the Checkout Facility. At this stage, Snapmint will also conduct a Payment Review, if necessary. The Users must not utilise the proceeds of the Checkout Facility for any purpose which is in violation of any Applicable Law or the Transaction Documents.
  3. The Merchant will also confirm to the Snapmint/Financial Partners if Users have made downpayment for Merchant’s products or services, and share details of the Transaction Orders with Snapmint/Financial Partners.
  4. The User will repay the amount due under the Checkout Facility, in the manner provided in the Transaction Documents.
2. The request for refunds from Users, against the Transaction Orders, will be processed in the following manner:
  1. The User will place a request for refund with the Merchant. If the User is eligible for refund as per the Merchant’s refund policy, the Merchant will communicate so to Snapmint. Snapmint and/or it Financial Partners (depending on the type of facility offered) will take the request for refund on record, and not collect repayment from Users.
  2. The User will be solely responsible to ensure that the User completes all steps necessary to receive the refund, and Snapmint will not bear any responsibility in this respect.
3. Snapmint or its representatives may notify (including by means of post, emails, SMS, phone calls, automated phone calls) the User at any time (including on and after the due dates of payment) regarding the details of payments due. User agrees to the sufficiency of such notification and agrees to make the payments due forthwith upon such notification

CASHBACK

Cashback T&Cs:
1. Your cashback is stored in the Snapmint wallet. Your cashback balance is equivalent to its face value. (1 cashback balance = ₹1)
2. Please note that 25% of the order value up to ₹400 or total of your EMIs, whichever is lower can be redeemed per purchase.
3. Cashback earned will be valid only in the stipulated time frame. Please find your cashback expiry date on the cashback page in the Snapmint page. (format: dd/mm/yyyy)
4. Cashback Wallet balance can be earned and redeemed only on the Snapmint app.
5. Cashback is not applicable on voucher purchases and personal loans.
6. You can check your wallet to see the cashback balance on the Cashback page listed under the Menu Items listed on the header.
7. Cashback balance can only be redeemed after it has been reflected in their wallet.
8. Pending cashback amount cannot be redeemed.
9. Users need to submit their PAN card details before redeeming their cashback.
10. In case of cancellation/return of the product, the cashback will be sent back to the wallet.
11. In case the cashback is used on the last 7 days before its expiry and the order is cancelled, then the customer has 7 days to use the cashback before it is forfeited.
12. Repeating customers will get their cashback extension of 7 days only twice.
13. Snapmint Wallet balance can’t be converted to cash or redeemed in your bank account. It can’t be transferred to any other person or entity.
14. You will earn a cashback at a percentage of qualifying transactions as specified from time to time. Snapmint reserves the right to determine the amount.
15. Snapmint’s decision on computation, lapse, cancellation, forfeiture, credit, debit and reinstatement of cashback shall be final, conclusive and binding on the buyer.
16. These T&Cs will be governed by the laws of India.
Cashback Redeem
1. The cashback can be redeemed on the payments page of Snapmint. When you are at the payment option, you can check the split to understand how it will be redeemed. Currently, while placing an order, we allow you to use 25% of your order value or ₹400 or your current cashback balance, whichever is lower.
2. How to Redeem
  1. Check your wallet for cashbacks that you have received.
  2. Make sure that your cashbacks are not pending as they aren’t redeemable.
  3. Now, pick your favourites from the Snapmint app.
  4. Select your instalment EMI option. Click on the ‘Buy on 3/6/9/12 months EMI’.
  5. You will be prompted to the payments page where a ‘Cashback’ option will appear.
  6. You can switch the ‘Use Balance to adjust EMIs’ button, on to apply cashback balance on this purchase.
  7. On application on cashback, your order summary will get updated and will show you the new EMI schedule. Click on ‘View EMI Revision’ to see your EMI plan.
  8. Pay the outstanding amount with UPI/Netbanking/Debit card.
3. Please note that the cashback will be adjusted in the final amount starting from the last instalment that the user pays.

Terms And Conditions