Thank you for visiting the Website. Snugly Private Limited (“us”, “we”, “Company” or “Snugly”) is the author and publisher of the internet resource https://snugly.com/(“Website”) on the World Wide Web as well as the software and applications provided by the Company, including but not limited to information in relation to the software, applications and Services, made available on all the pages of the Website.
Please carefully go through these terms and conditions (“Terms”), the privacy policy available at https://snugly.com/privacy-policy, on the Website (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by us. By using the Website you agree that you are bound by the Terms and Privacy Policy (collectively “Agreement”). The information provided under this Website is available to you (“you” or “User”), solely for the purposes of information.
We provide, inter alia, a variety of payment and expense workflow and management solutions to the Users, the details of which are available on the Website, (“Services”).
All rights are reserved by the Company. The content, code and applications contained on this Website, under the domain https://snugly.com/ are protected. Users shall not reproduce, copy, or redistribute content or code in any form without prior written permission from the Company except for purely personal and non-commercial uses.
All the statements in these Terms apply to all Users, and all Users are therefore required to read and understand these Terms set out herein prior to accessing the Website and/or utilizing any Services from the Website, failing which they are required to leave the Website immediately.
- The Snugly Platform
- Availability :
Company controls and operates this Website from India and the Terms are solely governed by and must be interpreted in accordance with Indian laws. Our Services are offered only in countries where they may be lawfully offered by the Company. The content on this Website are not intended for use by persons located in, or resident in countries that restrict the Services. The information provided on this Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Website shall not be considered as communicating any invitation or inducement to engage in any activity outside any jurisdiction where the Company is not licensed or authorized to perform such activities and the User acknowledges and understands that: - Not all of our Services that you may be able to view via this Website may be available in all geographical locations served by us. It is the responsibility of any persons accessing this Website and any information available through this Website to inform himself or herself of, and to observe fully the applicable laws and regulations of any relevant jurisdiction. The Company may decline to provide you with its Services solely based on your location.
- We may modify or discontinue any Service, any information or features that form a part of the Website, at any time, with or without notice to you, and without liability.
- The Services are available only to persons who can form legally binding contracts under applicable law. The Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
- The Company reserves the right to terminate its Services for any suspected violation of the rules, regulations, orders, directions, notifications issued by any statutory authority from time to time or for any violation of the terms and conditions mentioned herein.
- Relying on Information:
- The Services on this Website do not constitute an offer or recommendation of any products or services provided by us or any third party.
- By accessing this Website, the User wishes to gain, for its own use, more information about the Company and the Services offered by Company;
- No representation is given that any Services discussed in or accessible through this Website are suitable for you or any particular person. You acknowledge that your use of this Website and any requests for information you have made as a result of visiting this Website have not been solicited by the Company or any of its affiliates and that the provision of any information through this Website shall not constitute or be considered advice in any manner. The information contained on this Website is not intended to provide professional advice. Persons accessing these pages should obtain appropriate professional advice when necessary;
- The Company retains the absolute right to determine eligibility for subscription to any of the Services; and
- We do not represent or warrant that the Website will be available and meet your requirements, that access will not be interrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third party software that may be used in connection with the Website.
- Services
- Subject to the Agreement, and only if Snugly has approved Company for a Snugly Account, Snugly grants you the right to access and use those Services made available through your Snugly Account. As our products and business evolve, Snugly may update the Services and will make commercially reasonable efforts to Notify you in advance if an update will result in a material reduction to the capabilities of Services on which you rely. Some Services may be delivered or supported by specific Snugly affiliates, Third-Party Service Providers and Financial Institution Partners and may require your or a Company Affiliate’s agreement to Supplemental Terms.
- Opening a Snugly Account
To receive access to or use the Services, you first need to submit an application for a Snugly Account. As part of such application, you must provide all information we request, which may include Company Data and Personal Data.
You may also need to provide documentary information used to verify Company Data and Personal Data (such as corporate registration certificate, proof of address, financial statements, bank statements, or personal identification). Use of certain Services or features may also require that you permit Snugly to access Company Data and Personal Data through Third-Party Services. At any time, including if you request access to additional features or Services, we may require additional information and documentation that we or our Financial Institution Partners deem necessary for compliance and underwriting.
We provide Company Data and Personal Data to Financial Institution Partners and Third-Party Service Providers to determine your eligibility for Services and Cards. We may also request information from credit reporting agencies using Company Data and Personal Data, and may report the performance of your account to one or more credit reporting agencies. We, Financial Institution Partners and Third-Party Service Providers may approve or deny your application(s) or grant you provisional access to the Services, Third-Party Services or your Snugly Account while your application is pending additional review. We may deny applications, interrupt provision of the Services to you, or suspend or close your Snugly Account where Company Data or Personal Data is incomplete, inaccurate or out of date. If a deficiency results in suspension or closure of your Snugly Account, we will make commercially reasonable efforts to provide you with Notice.
If your business was referred to Snugly, you acknowledge and agree that Snugly may provide the status of your application and limited Company Data about you to the Snugly customer or partner that referred you, which may include (a) notice that you successfully opened a Snugly Account and/or met other criteria required by the referral link or other referral method, such as completing a minimum required payment; or (b) aggregate spend data or total spend volumes as required to determine partner incentives. - Fees
Some Services may have associated transaction, finance, subscription or other Fees, which Snugly will disclose in advance of charging. Disclosure may be provided in the Agreement (including any applicable Snugly Terms or an order document), by Notice or prior to affirmative agreement through the Services. - Managing your Snugly Account
You must specify at least one Administrator to manage your Snugly Account when submitting your Application. Administrators can add, remove, or manage additional Administrators and Users; request and manage Cards; set or change per-User spending limits; view transactions; run reports and download statements; provide, view or update Company Data and Personal Data; connect Linked Accounts, Third-Party Services, and other accounts to your Snugly Account; provide authorization to debit Linked Accounts; consent to new or updated terms and conditions and Supplemental Terms; and perform other tasks on your behalf. You are responsible for (a) any actions or failure to act on the part of Administrators, Users, and those using credentials issued to Administrators or Users to access Company's Snugly Account; and (b) compliance with the terms and conditions for any Third-Party Services enabled, accessed or used through your Snugly Account.
All potential Users will be required to accept and comply with User Terms to become Users, and all Users that are authorized to use Cards or other payment tools may also be required to accept and comply with terms presented or required by Financial Institution Partners, Snugly or Third-Party Service Providers. - Security and Monitoring your Snugly Account
You will keep your Snugly Account secure and only provide access to individuals that you have authorized and meet all applicable requirements under the Agreement. You will immediately disable User access to the Services if you know or believe a User’s or Administrator’s access credentials or your Snugly Account has or may have been compromised or has been or may be misused; and you will promptly notify us (via the Services or by contacting our support team) of any known or reasonably suspected unauthorized access or use. - Authorized Users
Your authorization of a User will allow them to use the Services and access certain functionality of your Snugly Account. You are responsible for (a) ensuring that Users are aware of our rights and comply with your obligations under the Agreement, including Section 1.3.6 (Requirements and Prohibited Activities) below; (b) notifying Users of and administering your corporate expense and spend management policies; (c) ensuring the payment information for all payees is complete and correct; and (d) resolving any disputes relating to your maintenance or administration of your expense and spend management policies, including when you elect to use the Services to request or receive reimbursements from User accounts. - Requirements and Prohibited Activities
Company shall not, and shall not permit any other entity or person to: (a) use the Snugly Account, Cards, or Services for (i) any expenses other than Company's or a Company Affiliates’ bona fide business expenses, (ii) any purpose that is unlawful or prohibited by the Agreement, the Card Terms or any Payment Network rules, (iii) any personal, family, or household use, or (iv) any activities not for the benefit of the Company or a Company Affiliate; (b) permit use of the Snugly Account, Cards, or Services by unaffiliated third parties; (c) modify, reverse engineer, create derivative works from, copy or disassemble Snugly Property; (d) register, attempt to register, or claim ownership in Snugly Property or portions of Snugly Property; or (e) use the Snugly Account in connection with any prohibited activities or any other restricted category or business activity as determined by Snugly or any Financial Institution Partner in their sole discretion ((a) through (e), collectively, “Restrictions”). Snugly and our Financial Institution Partners may be subject to regulation and acceptable use and risk management policies that require us to strictly enforce the Restrictions and prevent any activities that violate or could potentially violate the Agreement. We may therefore limit, suspend or terminate your Snugly Account, access to the Services or Cards if we believe in our reasonable discretion that the Agreement may be or was violated, if required by a Financial Institution Partner or government authority, if we suspect you are engaged in fraudulent or illicit activities, if we believe you are creating an undue risk to us or others, or to comply with applicable laws or regulations. Without limiting any of your indemnification or other obligations to us, you agree to pay all Fines imposed on Snugly or any affiliate, officer, employee, agent or representative thereof by Financial Institution Partners, regulators, or government agencies for your violation of this Section. - Identification as Customer
We may publicly reference you as a Snugly customer on our website or in communications during the term of the Agreement. We will not express any false endorsement or partnerships. You grant Snugly a limited license to use Company trademarks or service marks for this purpose. Please notify us if you prefer that we not identify you as a Snugly customer and we will use best efforts to remove references to you on our website or in communications. - Ownership and License
As between you and Snugly, Snugly and licensors own all Snugly Property, including all modifications, improvements, enhancements, derivative works, models or features. You, Administrators, and Users may use Snugly Property only as and for the purposes provided in the Agreement. Snugly grants you a nonexclusive and nontransferable license to use Snugly Property as permitted by the Agreement to the extent that Snugly provides it to you via the Services. This license terminates upon termination of the Agreement unless terminated earlier by us in accordance with the Agreement. - Data and Privacy
You acknowledge, understand and agree that Snugly, Financial Institution Partners and Payment Networks collect, process and share Company Data and Personal Data through your use of Cards, the Services, and Third-Party Services. We may use and disclose Company Data and Personal Data (a) for identity verification and underwriting, establishment and adjustment of spend limits, spend and transaction analysis, fraud and loss prevention, and reporting; (b) to provide, maintain and improve the Services; (c) as required by law, Financial Institution Partners or Payment Network rules; (d) to report Company performance to credit reporting agencies and credit rating agencies, where appropriate; and (e) to enforce and protect our rights, including as needed in dispute resolution. Where Company Data or Personal Data is shared by us with our subcontractors, Snugly will implement controls to reduce the risk of loss or accidental disclosure.
Snugly may generate, use and disclose De-Identified Data for Snugly's own business purposes, including to develop and improve Snugly products, services, and marketing efforts (such as developing data products and providing aggregate insights to other customers). Snugly may also include De-Identified Data in both public and private reports. - Rewards and Benefits
Snugly may determine when, how, and under what conditions Company or Users may qualify for or earn rewards. Any right to rewards or benefits shall terminate upon the termination of the Agreement, the closure of your Snugly Account, or in the event of any breach of the Agreement. - Feedback
Company hereby grants Snugly a royalty-free, fully-paid, irrevocable, perpetual, nonexclusive, worldwide, assignable and otherwise transferrable license, with the unrestricted and unlimited right to grant sublicenses, (a) to create derivative works based upon any Feedback; and (b) to use, copy, display, publish, distribute or otherwise commercialize or exploit in any manner any Feedback or derivative works based thereon. You acknowledge and agree that any Feedback you submit is not Confidential Information. Snugly has no obligation to compensate or credit you for Feedback you provide, regardless of whether or how we may use or otherwise commercialize or exploit it.
- Payments to Snugly
- Amounts Owed to Snugly
You are responsible for payment in full of all Charges, Fees, Fines and other amounts (e.g., for bill payments or other amounts owed for use of Payment Services) owed by you to Snugly. You may connect and change Linked Accounts through your Snugly Account. All monetary amounts owed under the Agreement are stated in INR, unless otherwise specified by Snugly through the Services or in applicable Snugly Terms. - Set Off and Collections
Amounts owed under the Agreement, including amounts included in a Periodic Statement, may be collected from any Linked Account that is currently linked; or set off, debited, or collected from amounts in a Snugly Account that you hold jointly with a third party or open in the future even if your original Snugly Account has been closed. This right may be exercised against Company, its Company Affiliates, and any assignees for the benefit of your creditors or receivers. This right will exist even if we do not exercise it prior to the making, filing, or issuance of court order, or other action. Any failure to pay the full amount owed to Snugly when required is a breach of the Agreement, pursuant to which Snugly may declare the entire balance due immediately, regardless of the current billing cycle. You are responsible for all costs or expenses that we or Issuers incur collecting amounts owed but not timely paid, including legal or collections fees and any interest at the maximum rate permitted under law. - Authorization to Debit Linked Accounts
THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED ACCOUNTS FOR ALL AMOUNTS YOU OWE UNDER THE AGREEMENT. PLEASE READ IT THOROUGHLY.
Authorization
You authorize Snugly, Financial Institution Partners, and their assigns to collect amounts owed under the Agreement by debiting funds from the Linked Accounts.
Timing
Your Linked Accounts may be debited for all payments and other amounts owed in connection with the Services or under the Agreement when due.
For Cards, we will provide you Periodic Statements identifying Charges, Fees, Fines, or other amounts charged to your Snugly Account, as well as any payments, refunds, Chargebacks granted or other credits to that account. Your Linked Account will be automatically debited for the full amount owed as identified in the Periodic Statement at the end of each day. Unless otherwise specified in any Snugly Terms or a Notice provided by Snugly, Periodic Statements will be issued daily. Your Snugly Account will be debited on the next day that is not a weekend or bank holiday (“Business Day”) and show the credit on the next Business Day after payment is received.
If we, the applicable Financial Institution Partner or an assign cannot or do not collect all amounts via debit, you agree to immediately pay all amounts owed as directed. You also authorize Snugly, Financial Institution Partners, or their assigns to debit Linked Accounts immediately, on any date, where (a) the total aggregate balance of Linked Accounts is less than any balance minimums that we have communicated to you via the Services; or (b) we determine that Company poses or may pose an unacceptable risk to Snugly, Financial Institution Partners, or third parties or no longer satisfies the underwriting criteria used to establish the spending limit for Company; however, Snugly will make commercially reasonable efforts to provide prior Notice to Company.
Withdrawing Authorization
To cancel the debit authorization from a Linked Account, you must provide us (30) days advanced written notice and pay all amounts owed under your Snugly Account immediately, including Charges and other amounts that may be included in future Periodic Statements. Such withdrawal of a debit authorization does not terminate the Agreement or your obligation to pay all amounts owed under the Agreement or the Card Terms. Company will be responsible for all costs of collections and damages under the Agreement if amounts owed are not paid by Company as described in the Agreement. Spending limits may be reduced (including to zero), and your Snugly Account may be terminated or otherwise limited, if you withdraw debit authorization.
- Intellectual Property:
- The User has no right to use or copy any of trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of the Company including the domain name ‘www.happay.com’ or any other person as displayed on this Website;
- The content and information contained within our Website or delivered to you in connection with your use of our Website is the property of Company and any other third party (where applicable). The trademark, trade names and logos (the “Trade Marks”) that are used and displayed on our Website include registered and unregistered Trade Marks of ourselves and other third parties;
- Nothing on our Website should be construed as granting any license or right to use any Trade Marks displayed on our Website. We retain all proprietary rights on our Website. Users are prohibited from using the same without written permission of the Company or such other parties;
- The materials on this Website are protected by copyright and no part of such materials may be modified, reproduced, stored in a retrieval system, transmitted (in any form or by any means), copied, distributed, used for creating derivative works or used in any other way for commercial or public purposes without the Company’s prior written consent; and
- Unless otherwise agreed between the parties, the User hereby grants the Company a non-exclusive right and license to use User’s name and such of User’s trade names, trademarks, service marks and logos (“User’s Marks”) for the purposes of publishing advertisements on the Website in relation to the Services provided by the Company to the User.
- User’s Responsibility:
- The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software based on the details available on this Website;
- The User’s use of the Website and/or Services shall not violate any applicable law or regulation;
- The User agrees that he/she is solely responsible for the content that he/she chooses to submit (if any) for publication on the Website, including any User Feedback relating to the Services or Website. The role of the Company in publishing User Feedback is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000;
- The User shall not under any circumstances whatsoever use the Website to send or post any messages or any material that is defamatory, unlawful, abusive, harassing, indecent, harmful, threatening, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law;
- The Users, who are desirous of availing the Services shall have to execute a definitive agreement and / or additional documents prescribed by Us (if any). Such Users shall be bound by the terms and conditions contained in the definitive agreement and / or the additional documents in order to avail Our Services;
- User shall not utilize the Services for unlawful, obscene, offensive or fraudulent content or activity such as advocating harm, interfering with or violating the integrity or security of a network or system, sending unsolicited abusive or deceptive messages, viruses or harmful code or violating any third party rights;
- User shall not use the Services for creating or sending internet viruses, worms, trojan horses etc. The User is also prohibited from engaging in any other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with the ability of others to effectively use the Services;
- User shall not indulge in hacking or other related activities. Hacking for the purpose of this clause shall mean activities including but not limited to illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking;
- Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Company may remove or block User’s access to content appearing on or through the Services in case of any such violation;
- Company does not allow the use of anonymous proxy scripts on its Website. They can be very abusive to the server resources, affecting all users on that server. User shall not access or copy any portion of the Services through any automated viewing, downloading or crawling systems;
- The User shall use the Services only in compliance with these Terms, Privacy Policy or other policies as may be furnished to the User and all applicable laws;
- User may not access or use any third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party;
- The User shall be solely liable to separately back up his/her files and data that may be uploaded on the Website. Under no circumstances will the Company be liable to anyone for damages of any kind arising out of loss of User’s files and/or data uploaded on the Website;
- User herby agrees to indemnify and hold harmless the Company, its content providers and respective directors and officers against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of the foregoing; and
- You must always obtain the prior written approval of Company before creating a hyperlink in any form from a third party website to this Website. Company may or may not give such approval at its absolute discretion.
- Personal Information:
- Personal information provided by the User on this Website is done voluntarily;
- We assure that the personal information, if any, provided by the Users shall be used as prescribed under the Privacy Policy;
- The User is therefore completely informed that Company accesses such information collected from the User in order to process, analyze, compile and exploit them, within the framework of the Privacy Policy;
- It is expressly agreed by the User that his/her personal information may be passed to a third party in order to deliver the Services requested by him/her;
- You also permit us to disclose your information to service providers, with whom Company has a contractual relationship, who help with our business operations and Services offered on the Website; and
- The User also agrees and acknowledges that, if required, the Company may transmit such data at the request of a duly recognized law enforcement and governmental agencies.
- Refunds and Cancellations:
- The User understands and agrees that the services/products provided by our Company are non-refundable and non-cancelable in nature and the Company does not allow user-initiated refunds and cancellations. All transactions are considered final upon completion.
- Liability:
- This Website is a resource for information purposes only. Company makes no endorsement of, is not responsible for and makes no representations or warranties with respect to links from this Website to other information, websites or entities. This Website is intended, but not warranted, promised or guaranteed, to be correct, complete, and up-to-date. Company expressly disclaims and will not be liable for any act or omission or any consequence of any act or omission by the User relying on material/information provided in this Website;
- Whilst every care has been taken in preparing the information materials contained in this Website, such information and materials are provided “as is” without warranty of any kind, either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials. The Company assumes no liability for the interpretation and/or use of the information contained or referred to on this Website; and
- User agrees that the content they access on Website does not in any way constitute any advice and that the responsibility for any act or omission by the User arising from the User’s interpretation of the said content, is solely attributable to the User. The User agrees to absolve the Company from and indemnify Company against all claims that may arise as a result of the User’s actions resulting from the User’s viewing of the content on the Website.
- Suspension and Termination of Services:
- Company reserves the right to suspend, terminate or restrict the User’s access to the entire or a section of this Website/Services without notice. Further this limited license terminates automatically, without notice to you, if you are in breach of any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials.
- Governing Law:
- The Terms and Conditions of this Agreement shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts and tribunals at Mangalore, Karnataka.
- Variation:
- The Terms may be modified at the discretion of Company and the User’s usage of this Website shall be governed by the Terms in effect at the time of usage. You are encouraged to review these Terms from time to time.
- Contact information Grievance Officer:
- In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at: Name: Annappa Poojary Designation: Head, Finance and Operations Email: at ap@snugly.com Telephone: 91647 52627. In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011, please address your grievance to the above person.
- Severability:
- If for any reason whatsoever, any provision of these Terms is or becomes, or is declared by a court of competent jurisdiction to be, invalid, illegal or unenforceable, then the Parties will negotiate in good faith to agree on such provision to be substituted, which provisions shall, as nearly as practicable, leave the Parties in the same or nearly similar position to that which prevailed prior to such invalidity, illegality or unenforceability.