Terms and Conditions

Snack Food Inc’ objective is to deliver the tastiest and the widest variety of our food products (the "Products") with quality and freshness with no compromise, to our customers at home and abroad has taken a significant step forward with the launch of our website.

Before you place an order you should read the following:

Products, Ordering and Delivery Information Terms and Conditions of Use Privacy and Security Statement

(Collectively referred to as the "Terms of Business") as these pages form part of our terms of business and contain important information about your order. None of the conditions herein affect your statutory rights according to the laws of India.

Ownership and Use of Materials

1. This Website is solely and exclusively owned and operated by Snack Food Inc. Snack Food Inc is the Original Owner and Author of the Website www.snackfoodinc.com (hereinafter referred to as the “Website”) and of all the copyrights, trademarks, brand names, logos and other intellectual property rights incidental or consequential thereto. 

2. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way and except that you may download one copy of the materials on any single computer for your personal non-commercial residential use only, provided that you keep intact all copyright and other intellectual property rights. 

3. Modification of the materials or use of the materials published on the website for any other purpose is a violation of Snack Food Inc's copyright and other proprietary rights by you and is not permissible. 

4. The use of any such material on any other Website or networked computer environment is strictly prohibited and shall render you liable for civil, criminal or other legal proceedings.

5. Except as otherwise indicated on this Website and except for the logos, trademarks, service marks, brand names and trade names of other companies that are displayed on this Website, all trademarks, logs, brand name, copyright, service marks and trade name associated with “Snacks Food” are the sole and exclusive property of Snack Food Inc. 

6. You must not use the services provided by Snack Food Inc or the website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content. 

7. You must not use the services provided by Snack Food Inc or the website to abuse, harass, threaten, impersonate, intimidate or otherwise violate the legal rights of others.  

 

Limitation of Liability

1. Snack Food Inc shall not be liable or responsible for any special or consequential damages that may result from the use of, or the inability to use, the materials on this Website. 

2. In no event shall Snack Food Inc have any liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) for accessing this Website. 

3. You declare and confirm that you are accessing this Website voluntarily and entirely at your own risk and consequences incidental or consequential to such use. 

4. You acknowledge and agree that Snack Food Inc neither endorses the content of advertisements nor third parties' web content, nor shall it be responsible or liable for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime committed thereby. 

5. Neither Snack Food Inc nor any of its officers or employees shall be liable or responsible for any direct, indirect, incidental, special or consequential damages arising out of or relating to these Terms and conditions of use, resulting from the use or the inability to use the Website services or resulting from any services provided by Snack Food Inc or any messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of user's transmissions or data.

6. In no event or circumstances shall Snack Food Inc be held liable or responsible for any delay, failure, default or disruption of the contents or services delivered through the Website to you.

7. Snack Food Inc or its officers or employees shall not in any manner be responsible for any force majeure event, act of God or any circumstances beyond its control, as set out hereinafter which hinder your free and full access to the Website or its services. 

8. Neither Snack Food Inc nor shall its employees be held liable or responsible for any information displayed by it or for updating any such information.

Property Rights in the Website and Content, Informational Purposes and Compliance with Law

1. The Website www.snackfoodinc.com, the copyrights, trademark, logo, trade name, brand name and other intellectual property rights now existing or that may arise/accrue in future to Snack Food Inc from the website www.snackfoodinc.com and the Contents thereof are the sole and exclusive ownership and property of Snack Food Inc and are protected by applicable copyright, trademark and other intellectual property laws of India.

2. Except as expressly authorized herein, you shall not modify, license, assign, sell, distribute, reproduce, transmit, display, publish, broadcast, circulate, disseminate, commercially exploit or create derivative works based on the Website, the Service or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent.

3. Use of the Website or the Content in violation of these Terms and conditions of use, or any applicable law, rule or regulation, or the rights of any third party is strictly prohibited and any act to the contrary shall be entirely at your own risk, costs and consequences thereof.

4. You agree, declare and confirm not to use the Website or the Content for any unlawful or immoral purposes and further to comply with any and all requests from Snack Food Inc to protect our respective rights in the Website and the Content.

5. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Website and the Content for any commercial purpose except for those expressly authorized by us.

6. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website. In the event that you download any software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") shall always be the ownership and property of Snack Food Inc and Snack Food Inc retains full and complete title to the Software, and all intellectual property rights therein. 

7. In the event you become aware of any infringement of any intellectual property rights of Snack Food Inc or any action against or proceeding against Snack Food Inc, you shall forthwith in good faith inform Snack Food Inc of the same.

Responsibilities of users

Usernames and Password

1. Snack Food Inc shall from time to time provide you with, or shall ask you to create exclusive user names, passwords to enable you to access and use the Website.

2. You shall be liable and responsible for the security and confidentiality of the usernames and password and agree not to disclose them to any third party. 

3. You are responsible for any and all information provided and all acts and/or omissions that occur while Usernames and Passwords are being used.

4. Snack Food Inc shall not be liable or responsible for any breach of security caused by your failure to maintain the confidentiality and/or security of any of the Usernames and password.

5. If you create a login and apply for an account, you must provide accurate and complete registration information, and you are responsible for any activity that occurs under your identity. Snack Food Inc is not responsible for unsatisfactory delivery or unavailability of service caused by inaccurate registration information.

6. You agree and confirm to notify us immediately in the event of loss, theft or disclosure of any or all of the Usernames and Passwords, if you became aware and have knowledge that the confidentiality or security of any or all of the Usernames and Passwords has been compromised in any way or unauthorized access to and/or use of the Website. 

7. We reserve the right to revoke or modify the Usernames and Passwords at any time without prior notice. Snack Food Inc reserves the right to refuse registration and deny creation of an Account and associated Username and Password to any User at its sole discretion.

Consent to Recording and Monitoring

1. You give consent and give your no-objection to Snack Food Inc to record, retain and use all information, data and electronic communication that you input or otherwise communicate during your access to and/or use of the Website or any e-mail to or from us and any other means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable, and our privacy policies.

2. We expressly reserve the right to monitor any and all use of the Website and its Contents by you. 

Use of E-mail and other Electronic Messages

1. You admit, acknowledge and confirm that you have full knowledge and information that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Website, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential. 

2. Snack Food Inc shall be neither liable nor responsible to update any information communicated to you using Electronic Messages nor shall Snack Food Inc or its representatives be liable or responsible to timely see, process, act on or respond to any message sent by you using Electronic Messages 

 

Your Representations and Warranties

 

1. You hereby represent and warrant to Snack Food Inc that: 

a. (i) you are accessing the Website on behalf of the company or organization to whom the Usernames and Passwords you used to access the Website were issued by us; 

(ii) You authorize Snack Food Inc to verify this information, and Snack Food Inc at its sole discretion, may prosecute users for any incorrect information or any misrepresentation. 

b. you are accessing the Website on behalf of the company or organization to whom the Usernames and password you used to access the Website were issued by us and you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms and conditions of use for and on behalf of the company or organization on whose behalf we grant you access to the Website; 

c. you will not modify, reverse engineer, hack, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Website; or modify another website so as to falsely imply that it is associated with www.snackfoodinc.com. 

d. You are of the age of 18 or above and of sound disposing mind; and have accessed the Website voluntarily with full knowledge and notice of the terms and conditions of use, its binding nature and consequences of such breach. 

e. You have the necessary consent, right and authority to provide any and all information transmitted to us using the Website and information so transmitted is true, correct accurate and complete and Snack Food Inc may rely upon it. 

f. You shall from time to time and at all times comply with all the statutory, municipal or local laws, rules and regulation applicable to the use of the Internet, a computer device, use of electronic data/messages and your membership to the Website and shall not do any act, deed, matter or thing which shall constitute a violation or breach of the same. 

g. The information submitted by you for display on the Website shall not (i) contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invade anyone's privacy or encourage conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; or (ii) contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information (iii) infringe or attempt to infringe the copyrights, trademarks, or other intellectual property rights of some third party. 

h. You shall be liable and responsible to verify the terms and conditions of use periodically for any changes or modifications that may be made by Snack Food Inc. 

i. The personal information provided by you to Snack Food Inc such as your name, address, email address, mobile number etc is authentic, true and correct. 

j. You shall neither place nor authorize any other person on your behalf to place, any false or bogus orders with Snack Food Inc. 

k. You shall not disclose your username and password to any third person and are responsible for keeping your password secure.

i. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, digital media, or links ("Content") that you submit post, display and/ or distribute on or through the website. 

You expressly understand, agree and have knowledge of the fact that:

a. Your use of the Website is at your sole discretion and responsibility. The services of the Website are being provided to you on an “as is” and “as available” basis. 

Snack Food Inc, its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

b. Snack Food Inc, its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services of the Website will meet your requirements or standard of expectation (ii) the services of the Website will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained from the use of such services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service or through the Service advertisers or partners will meet your expectations or requirements.

c. Any material downloaded or otherwise obtained through the use of the Service is accessed by you at your sole and absolute discretion and free will voluntarily and you will alone be responsible for any risk, consequences or damage to your computer system or loss of data that results from the download of any such material.

d. Snack Food Inc and website do not allow the practice of misleading business activities, patent or copyright violations, trademark infringement, spam abuse, adult or unsuitable content, hacking- associated content, defamation to privacy and youth and lastly third party content and remark violations.

e. This website may hold advertisement of registered companies, however, users attempting to utilize the website for their own marketing purposes with intentions of gaining financial benefits is prohibited. Spam’s are also generally tracked down and are outlawed. The website is not responsible for any interaction, contact or dealings between the company and advertisers present in the website. 

Disclosure of User Information

a. Snack Food Inc shall not be held liable or responsible for disclosure of your user information, identity or contact information, to any statutory, local or governmental authorities or bodies or private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity or any sub-poena or legal action against you. 

b. You shall not hold Snack Food Inc liable or responsible for any claims, demands, actions, disputes, costs, charge, expenses or damages incidental or consequential to such disclosure and you agree and consent to the terms and conditions of such use entirely at your own risk, costs and consequences of such disclosure

 Indemnification

You agree to indemnify and do hereby keep indemnified, safe and harmless Snack Food Inc, its successors and assigns of from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, disputes, damages, costs, charges and expenses of any nature whatsoever suffered or sustained by Snack Food Inc due to : 

(i) your breach of any terms or conditions of use or your representations and warranties contained in these Terms and conditions of use, 

(ii) your access to and/or use of the Website and/or the Content;

(iii) any act, deed, matter or thing which shall or may constitute an infringement of the copyright, trademark or any other intellectual property rights of any third party; 

(iv) any bogus or false orders placed by you or any third party using your usernames and password;

(v) any false, incorrect or misleading information provided by you to Snack Food Inc as to your name, e-mail address, address, mobile number etc;

(vi) any disclosure of information, usernames, password made by you to any third party. Snack Food Inc shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following: 

a. the use or the inability to use the Website (whether due to disruption, limited access, changes to or termination of any features on the Website or otherwise), for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Website; 

b. any shortcoming / error with respect to any information or Services purchased or obtained from a User or a third-party content provider through Snack Food Inc; 

c. unauthorized access by third parties to data or private information of any User;

d. statements or conduct of any User of the Website; or

e. authenticity, availability, suitability, reliability, accuracy of the information, software, services, content, etc; 

 Modification and Termination

1. Snack Food Inc reserves the right in its sole discretion at any time and for any reason with or without prior notice to you to (a) modify or discontinue, in whole or in part, any portion of the Website, the Content, hours of availability and/or your access to the Website, and (b) to modify, amend and alter these Terms and conditions of use. 

2. These terms and conditions of Use (as may be revised from time to time as described herein) are valid, subsisting and binding upon you and, unless otherwise expressly stated in these Terms and conditions of use, will survive the termination of your access to, and use of, the Website. 

3. (a) Snack Food Inc may refuse, restrict, suspend or terminate your Account or services provided to you at any time, at its sole discretion without notice or suspend your Account until verification of the information you provided is complete without liability to you or any other party. Snack Food Inc may take technical action to block you from visiting the Website if it has reasons to believe or notice that you have violated or committed breach of any of the terms and conditions of use. 

(b) Snack Food Inc shall in cases of suspected abuse, fraud, or violation make such rules and take such decisions relating to termination of membership as shall be final and binding on you. 

4. Should you object to any of the Terms and conditions of use, or any subsequent modifications thereto, your only recourse is to immediately discontinue participation in the Website and properly terminate your membership with Snack Food Inc and you agree, confirm and undertake not to raise any dispute in respect of the same.

Delivery

1. Delivery of food products shipped outside of the city of Mumbai is done by Delivery partners of Snack Food Inc. Snack Food Inc and/or its delivery partner shall not be liable or responsible for damage, spillage or change in quality of the products within the shipment. Snack Food Inc and/or its delivery partner shall not be liable for mishandling done to the shipment on the whole or some products within it or the packaging of the shipment. By accepting these Terms of Use, the customer agrees that any damage caused to the products or the packaging due to mishandling done to the shipment will not be subject to any refunds or cancellations.

2. By agreeing to these terms of use, the customer agrees to provide all the documents and necessary details as required in its correct and accurate form to the customs or any other authorities of any country involved in delivering the shipment.

3. The delivery times mentioned on Snackfoodinc.com are only indicative and Snack Food Inc and/or its delivery partner shall not be liable or responsible for delays in delivery of the shipment to the address given by the customer. Snack Food Inc and/or its delivery partner shall not be liable or responsible for the change in the quality of products due to delayed shipment.

4. Snack Food Inc reserves the right to change the delivery charges from time to time.

5. By accepted / agreeing to these terms, the customer agrees that the Tracking details of the shipment will not be available immediately.

6. Snack Food Inc reserves the right to deny delivery to locations considered not feasible even though the delivery location is mentioned in the website. Snack Food Inc also reserves the right to deny delivery of some products to the customer due to Food & Drug Authority restrictions in some countries.

Legal

1. These Terms and conditions of use represent the complete and exclusive agreement and understanding between you and Snack Food Inc regarding your rights to access the Website and to use the Content, and supersedes all agreements, writings, understandings which you may have with, and all representations (whether written or oral), regarding such subject matter.

2. Should any term or provision of these terms and conditions of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect.

3. Snack Food Inc’s failure to insist at any time upon strict compliance with any term of these Terms and conditions of use, or any delay or failure on our part to exercise any power or right given to us in these Terms and conditions of use, or a continued course of such conduct on our part shall at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. 

4. All rights and remedies given to us in this Terms and conditions of use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law, equity or under this Agreement. 

5. The terms and conditions of Use will be binding upon you and your successors-in -title and assigns.

6. Any and all headings in the text of these Terms and conditions of use are solely for convenience or reference and do not constitute a part of these Terms and conditions of use, nor do they affect the meaning, construction or effect of these Terms and conditions of use. 

7. The terms "including" and "includes" as used in these terms and conditions of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or “includes, but not limited to."

8. Snack Food Inc may assign or delegate its rights, duties or obligations under these Terms and conditions of use without your prior consent. However, you shall not assign or transfer your membership or username to a third party without the prior written consent of Snack Food Inc.

9. These Terms and conditions of use are in addition to, and do not nullify, any other agreement between you and Snack Food Inc governing the conduct of your relationship with us or any other applicable terms and conditions found on the Website.

Force Majeure

Neither Snack Food Inc nor any of our affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism, actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of our obligations with respect to the effected elements under these Terms and conditions of use will be suspended for the duration of such Force Majeure Event. 

 

Governing Laws, Jurisdiction and Dispute Resolution

 

1. Governing Laws

This Agreement shall be governed by and construed in accordance with the laws of India.

2. Jurisdiction

The competent Courts at Mumbai, India shall have the sole and exclusive Jurisdiction to try and entertain all the disputes arising between the parties hereunder.

3. Dispute Resolution

3.1 Amicable Settlement of Disputes

Any or all differences, disputes, non-compliance or non-payment arising out of these presents or interpretation thereof shall be firstly resolved amicably by the parties, within a period of 30 days from the date of receipt of notice by either Party from the other Party of any such dispute or difference.

3.2 Arbitration

3.2.1 In the event the Parties fail to amicably settle and resolve the dispute/s or difference/s that may have arisen between them within a period of 45 days from the date of reference, any and all such claims, disputes, questions, controversies, differences, non-payment or non-compliance involving any of the Parties in respect of or concerning or connected with these presents or its interpretation or implementation, or any clause or provision hereof, including related to the execution, validity, performance or breach or relating to the termination hereof (collectively referred to as “Disputes”), shall be referred to Arbitration in accordance with the terms of Article 21.3.2.2 below.

3.2.2 The arbitral tribunal shall constitute of the sole arbitrator appointed by Snack Food Inc.

The Arbitration proceedings shall be commenced and prosecuted in accordance with the provisions of the Arbitration and Conciliation Act,1996 (Arbitration Act) and the rules made there under, as may be amended from time to time or its reenactment in force. The Arbitral Tribunal shall be appointed in the manner provided in the Arbitration Act.

3.2.3 The place of arbitration and the seat of arbitral proceedings shall be at Mumbai, India. Any arbitral proceedings pursuant to any reference made under this Agreement shall be conducted in English language. The decision of the arbitral tribunal and any award given by the arbitral tribunal shall be final and binding upon the Parties.

Continuance of Obligations

Notwithstanding the existence of any disputes between the Parties which is referred to the process of amicable resolution or, arbitration as the case may be, the parties during the pendency of the process of amicable resolution or, arbitration as the case may be, shall respectively continue to act on matters under this Agreement which are not the subject matter of the dispute or difference as if no such dispute or difference had arisen.