This document sets forth the Terms and Conditions (hereinafter referred to as “Terms & Condition/ TOU/Terms”) that apply to the access and use of the e-commerce platform namely LACY SNACKS (https://www.lacysnacks.com/index) (referred as “Platform”) which is managed and operated by Serveshwar Food Products Private Limited (hereinafter referred to as “Company/ We/ Our/ -Lacy”), incorporated under the Companies Act, 1956 bearing CIN U15135UP2002PTC027160 and having its registered office at Dhakpura Road, Hathras, HATHRAS, Uttar Pradesh, India, 204101 These Terms and Conditions are a legally binding document and are an electronic record as prescribed under the terms of Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and does not require any physical or digital signatures. This TOU is published in accordance with the provisions of the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023, that provides for the due diligence to be exercised for the access or usage of this Platform.

These Terms and Conditions govern the access and use of the Platform of the Company and the Products provided thereunder. Please read these Terms and Conditions carefully before accepting. The User (hereinafter referred to as “You/User/Your”) by accepting the Terms and Conditions or by accessing, , browsing or otherwise using the Platform agree that User have read, understood, acknowledged and accepted these Terms and Conditions and use of the Company’s Platform and services. This TOU along with Privacy Policy, Cancellation & Return Policy and Shipping & Delivery Policy describes the relationship of the Company and Users which will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service that is provided by this Platform and shall be considered as part and parcel of this Terms and Conditions.

The Company reserves the right at any time, at our sole discretion, to change or otherwise modify the Terms and Conditions and any other policy related thereto without any prior notice. The Company shall make reasonable efforts to communicate any changes in the TOU and any other policy to the User. However, User’s continued access or use of this Platform after such changes or modifications signifies User’s acceptance of the updated or modified Terms and Conditions and any other policy. Be sure to return to this page periodically to review the most current version of Terms and Conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USER’S ACCEPTANCE OF THESE TERMS AND CONDITIONS HEREIN CONSTITUES AN AGREEMENT BETWEEN USER AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.

1. Definitions
   1. Company means Serveshwar Food Products Private Limited, which owns and operated the Platform.
   2. Indian Citizen shall mean a person who is the citizen of India and has attained the age of majority i.e. 18 years of age.
   3. Intellectual Property means any trademark, trade name, brand name, logo, corporate name, Internet domain name, copyright, patent or industrial design, any registrations thereof, and pending applications therefor (to the extent applicable), any other intellectual property right (including, without limitation, any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, database, or data right), and license . Intellectual Property of the Company also extends to the content made available to its Users.
   4. Minor shall mean any person below the age of 18 years.
   5. Personally Identifiable Information (PII) shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify the individual.
   6. Platform shall mean the Company’s e-commerce platform (https://www.lacysnacks.com/index) and any other app, software etc. which the Company creates as an extension of this e-commerce platform, made for the Users.
   7. Privacy Policy means the Policy created by the Company describing how the Company collects and handles certain information including PII, which it may collect and/or receive from User via the use of the Platform from time to time.
   8. -Products(s) shall mean all products listed on the Platform, including but not limited to Lacy ® branded namkeens and snacks, provided to the Users via the Platform
   9. Territory shall mean ‘India’.
   10. Terms and Conditions means these terms and conditions amended from time to time.
   11. Third Party shall mean and include business partners, social media companies, company’s vendors or any entity whose facilities are being utilized by the Company to provide Products to the Users.
2. Use of Platform By making use of the Platform, User hereby declare/ confirm that:
   1. User is aware and accepts that all information, content, materials on the Platform is protected and secured.
   2. User understands and accepts that opening and maintenance of the account is subject to rules and regulations introduced or amended from time to time by the Company.
   3. User agrees and authorizes the Company to share User’s information, with its group companies, vendors, service providers of  the Company and other third parties, in so far as required for marketing purposes/offering/cross-selling various Products and/or to provide User with various value-added services, in association with the Products selected by User or generally otherwise.
   4. User acknowledges and accepts that User will be responsible for maintaining the confidentiality of User’s account information.
   5. User acknowledges and accepts that User will be fully responsible for all the activities that occur through and/or undertaken under User’s account.
   6. User agrees to keep User’s login credentials i.e. User Id and Password safe and confidential at all times.
   7. User agrees to promptly and immediately inform the Company of any actual or suspected unauthorized use of User’s Account. On authentication of the information provided by the User, the Company may disable/deactivate/delete such User’s Account. User agree that Company shall not be liable for any loss or damage that may occur/arise from User’s failure to comply with the provisions.
   8. User acknowledges and accepts that the software and hardware underlying the Platform as well as other Internet related software which are required for accessing the Platform are the legal property of the Company. The permission given by Company to access the Platform will not convey any proprietary or ownership rights in the software/hardware of the Company.
   9. User acknowledges and accepts that the Company reserves the right to determine the availability and eligibility for any Productsbeing offered on the Platform.
   10. User acknowledges and agrees that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
   11. User agrees and acknowledges that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend User’s account from the Platform if User is found engaging in any fraudulent or illegal activity.
3. Eligibility Criteria
   1. Only Citizen of India can purchase the Products on the Platform.
   2. User hereby represents and warrants of being at least 18 (eighteen) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions.
   3. In case the User is a corporate entity, the User shall be a legally registered entity under applicable laws with relevant identification number.
   4. User agrees and accepts that where User is acting as a Guardian on behalf of a minor, the User has the necessary authority to purchase the Products on behalf of the minor. If the Company learns that the Company has collected PII from a minor, the Company reserves the right to immediately delete the information and the account created by such User. If the User believe that a minor may have provided the Company PII, please contact us at lacysnacks@gmail.com.
   5. User is not barred or otherwise legally prohibited from accessing or using the Products under the laws of India or any other applicable laws.
   6. User agrees that the Company does not have the responsibility to ensure that the User is following under the aforesaid eligibility.
4. Registration
   1. In order to use the Platform to purchase the Products, User needs to register on the Platform and provide the Company with accurate and complete information. The information provided by User for the creation of User’s account shall be considered as Registration information.
   2. As the first step of the registration process, User will be required to provide the following PII:
      1. Name or Name of corporate entity
      2. Email Address
      3. Mobile number
   3. On successful registration, User will be able to access their own account on the Platform by using username and password chosen during the registration process by the User.
   4. User hereby agrees and undertakes to maintain and promptly update the Registration Information to keep it true, accurate and complete at all time.
   5. User shall not:
      1. Select a username, mobile number, email address or any other PII of any other person with the intent to impersonate that person; or
      2. Use a name or contact details subject to any rights of any other person without appropriate authorization
      3. Use details of any other User.
   6. In relation to any PII being saved or processed, the Company shall meet the requirement of Digital Personal Data Protection Act, 2023, Information Technology Act, 2000 and any other applicable law to adopt the technical and organizational measures as industry standards which are necessary to secure User’s PII.
   7. If the Company has the reason to believe the information/PII provided by User is incorrect, false, misleading in nature or otherwise not in accordance with the Terms and Conditions, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Platform and refuse to provide access permanently for such period as the Company deems fit.
   8. User agree that the Company shall not be liable for any unauthorized hacking of Platform leading to leakage or misuse of PII.
   9. User agree that the Company shall not be held liable for any loss or damage arising from such unauthorized hacking and data leakage and User’s failure to comply with these Terms and Conditions.
5. User Account
   1. User shall be responsible for all activities that occur through User’s account on the Platform.
   2. User agree that the company shall not be liable for any unauthorized use or access of User’s account.
   3. User is responsible for safeguarding the password that is used to access the Platform for the Products. The Company encourages User to use strong password and change the password periodically with the account.
   4. User agree that Company shall not be held liable for User’s failure to comply with the abovementioned clause i.e. Clause 5.3.
   5. User will be given an option to change the password for User’s account on the Platform in case of any loss or compromise of User’s password.
   6. User agree to take all steps necessary to protect log in details and keep them secret, and not give login details to anyone else or allow anyone else to use User’s login details or account. The Company shall not have any responsibility for the consequence of failure in case User fail to abide by the abovementioned clause and further agree to fully compensate the Company for any losses or harm that may result. Furthermore, the Company shall not be responsible for any loss that User may suffer as a result of unauthorized access to User’s accounts and/or use of the Products, and the Company accepts no responsibility for any losses or harm resulting from this unauthorized use, whether fraudulently or otherwise.
6. Intellectual Property Rights
   1. For the purpose of this TOU, Intellectual Property shall mean as defined in Clause 1.3.
   2. User acknowledges and agrees that all intellectual property rights including trademarks and logos of the Company and the Platform shall vest in the Company and User shall not indulge in any act that construes that such trademarks and logos of the Company belongs to the User.
   3. User acknowledges and agrees that the Company owns all rights, title and interest in the Platform, including the intellectual property in the Platform developed, graphics, and programming code thereto, description, photographs, etc. created/use for the User shall solely vest with the Company.
   4. The Company grants the User a limited license to access and make use of the Platform.
   5. Access or use of Platform does not confer and shall not be construed as conferring upon anyone the license to use the Company’s intellectual property rights.
   6. User agrees and acknowledges that the User does not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
   7. User agrees and acknowledges that the User does not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Service.
   8. User agrees and acknowledges that the User shall not use the Platform or its contents for any purpose or make any speculative, false, or fraudulent transaction.
7. Third Party Sites, Services
   1. User agrees and acknowledges that the Company may facilitate provisions of third-party services for the User within the Platform or redirect the User to such third-party platform and/or website for facilitating purchase of the Products. In order to use these third-party services, User may need to accept additional terms and conditions and meet additional requirements as specified on the third party website.
   2. The Company does not exercise control over any third party websites and does not warrant any use thereof. User agrees that the Company is not responsible or liable in any way with respect to the contents of the third-party websites.
   3. User shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties. Any questions, complaints or claims related to any third party services should be directed to the appropriate third party.
   4. User interaction with any third party accessed through the Platform is at the User’s risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from User interactions with the third party.
8. Communication Policy
   1. By making use of the Platform, and furnishing User’s personal/contact details (PII), User hereby agree that User is interested in the Products, offers, campaigns etc. that the Company or any other third party may offer/provide/share/send to the User from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
   2. User hereby agrees that the Company may contact the User either electronically or through phone, to understand the User’s interest in the selected Products and to fulfil the demands accordingly.
   3. User also expressly agrees and authorizes the Company and its partners, service providers, vendors and other third parties to contact the User for the purpose of offering or inviting User interest in availing other Products offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Platform or through other means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
   4. User acknowledges and accepts that by using the Platform, User authorizes the Company, its affiliates, partners and third parties to contact the User for any follow up calls in relation to the Products provided through the Platform and for offering or inviting user’s interest in availing any other Service offered by the Company or such third parties.
   5. User will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
      1. Misuse by User or improper or fraudulent information provided by User;
      2. Incorrect number or a number that belongs to an unrelated third party provided by User.
   6. User agrees to receive communications through e-mails, telephone and/or SMS, from the Company or third parties. User also agree that the Company reserves the right to make User details available to its partner, vendors, service providers, business partners, agents or any other third party and that User may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
9. Representation and Warranties
   1. User agrees to not post, submit, upload, distribute, or otherwise transit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Platform or any connected network, or otherwise interfere with any person or entity’s or Users use or enjoyment of the Platform.
   2. User will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phishing as those terms are commonly understood and used on the Internet.
   3. User will not delete or modify any content of the Platform, including but not limited to legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that User do not own or have express permission to modify.
10. Limitation of Liability and Indemnity
    1. In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to User for any loss or damage that may cause or arise from or in relation to these Terms and Conditions or due to use of this Platform.
    2. User agrees to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Platform (ii) non-performance and/or non- observance of the duties and obligations under these terms and conditions or due to User’s acts or omissions (iii) any act, neglect, misconduct or fraud on User’s part.
    3. User warrants that all the details and information provided by User to the Company or its directors, employees, associates, partners, or suppliers while using this Platform (including for the purposes of carrying out investments) shall be correct, accurate and genuine.

    DISCLAIMERS
    USER AGREES AND UNDERSTANDS THAT ALTHOUGH THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTION, THE PLATFORM IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION, CONTENT INCLUDED ON THE PLATFORM. USER EXPRESSLY AGREE THAT USER’S USE OF THE PLATFORM IS AT USER’S SOLE RISK

    THE COMPANY IS NOT RESPONSIBLE IN ANY WAY WHATSOEVER IF THE USER IS NOT ABLE TO USE THE PLATFORM EFFECTIVELY

    TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM, IT’S SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

11. Termination
    1. The Company reserves the right, in its sole and absolute discretion, to suspend or terminate User’s use of the Platform including the User’s account on the Platform, without notice and without liability to User or any third party, for any reason, including without limitation inactivity or violation of these Terms and Conditions or other applicable policies that the Company may publish from time to time.
    2. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon termination for any reason, User agree to immediately stop using the Platform.
12. Force Majeure

    If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its Products/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes, pandemic, endemic or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.

13. Modification and Amendment
    1. The Company reserves the right to make changes to the Platform, related policies and this TOU at any time as it deems fit and proper, prospectively or retrospectively including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Products, company re-organization, market practice or customer requirements without any prior intimation to User. User is requested to carefully read these Terms and Conditions from time to time before using the Platform. It shall be User’s responsibility to check these Terms and Conditions periodically for changes. Upon any change, Company will notify the updated Terms on the Platform or other means. The Company may require User to provide User’s direct or indirect consent to any update in a specified manner before further use of Platform.
    2. If no such separate consent is sought, User’s continued use of the Products shall constitute acceptance of the changes and an agreement to be bound by Terms and Conditions, as amended. If User do not agree to the changes, User may choose to discontinue the use of the Platform
    3. The Company reserves the right to discontinue or suspend, temporarily or permanently, the Platform, at its discretion. User agrees that Company will not be liable to User in any manner whatsoever for any modification or discontinuance of the Platform
14. Dispute

    In case of any dispute or difference that may arise between the parties in connection with or arising out of this TOU, the Parties shall resort to Arbitration as the preferred dispute resolution mode in accordance with Arbitration and Conciliation Act, 1996. Each party shall nominate 1 (one) arbitrator each and the nominated arbitrators shall further nominate a presiding arbitrator to govern the arbitration process. The seat and venue of arbitration shall be HATHRAS India and the language to be used in the arbitration shall be English.

    The TOU shall be governed by and construed in accordance with the Laws of India and any dispute arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the Courts at HATHRAS.

15. Entire Terms and Conditions

    These Terms and conditions (TOU), together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement in relation the Products, constitute the entire agreement between User and the Company and supersede any previous TOUs, agreement(s), promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and the Company pertaining to the subject matter hereof.

16. Survival

    Notwithstanding the termination or rescission of this TOU, the provisions of this TOU shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this TOU which by implication are to survive the termination of this TOU shall survive such termination. Termination of the TOU shall not abate the causes of action that have accrued to the Parties prior to such termination.