Terms of Service
EFFECTIVE DATE: September 01, 2024
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR THE SWAYKART PRODUCTS (AND PRODUCTS OWNED BY PARENT COMPANY TESORO INNOVATIONS PRIVATE LIMITED) YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This page describes the terms on which Swaykart offers you access to its content and services (“Terms”). They apply to your use of our website, app or any related applications (including mobile phone applications) or on any other media formats (collectively referred to as the “Platform”). By using the Platform, you agree to the terms of service. It is therefore important that you read these terms carefully.We may from time to time update or change these terms. Changes take effect 30 days after we post them on the Platform, and by continuing to Use the Platform, you will be subject to these changes and the new terms. We therefore recommend that you revisit this page regularly to stay informed of the current terms which apply to your use of the Platform. These terms supersede all previous oral and written terms and conditions (if any) communicated to you.These terms supplement and are in addition to the terms of our Privacy Policy. Our Privacy Policy explains the personal data that we collect about you and process when you use the Platform.
THE PLATFORM
The Platform, the content available on the platform and services provided by the platform, all of which are currently accessed from the domain or app, is owned and operated by Tesoro Innovations Private Limited operating as Swaykart.
PRICING
Our pricing is variable and changes from one customer to another based on the services rendered.
CANCELLATION & REFUND POLICY
Refunds and cancellation depend on the services rendered. Each request is to be taken up with the Swaykart team by emailing us at support@swaykart.com.
PLATFORM USE
Your use of the Platform is strictly for your purposes. You agree not to:
- Copy, reproduce, use, or distribute any content from the Platform without permission.
- Use any content from the Platform for commercial purposes unless you have first obtained a license from us.
- Modify, delete, distribute, or repost any content on the Platform, including legal notices, disclaimers, or proprietary symbols (such as copyright or trademark marks), unless you own or have explicit permission to do so.
- Engage in any disruptive, harmful, or antisocial activities, including but not limited to "flaming," "spamming," "flooding," "trolling," "phishing," or "griefing," as these terms are commonly understood online.
- Reproduce, crawl, or frame the Platform on any other website or mobile app without permission.
- Use the Platform in any way that could cause it to be interrupted, damaged, or less efficient, or negatively impact the functioning of another user's experience.
Any actual or suspected violation of these terms will result in the immediate termination of your access to the Platform.
THIRD PARTY WEBSITES/MOBILE APPLICATIONS, GOODS AND SERVICES
The Platform provides links to third party websites and/or mobile applications. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, or any goods or services available from such sites. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by Swaykart and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that Swaykart is not responsible for those sites. Swaykart reserves the right to disable links from third-party sites to the Platform, although Swaykart is under no obligation to do so. All matters concerning any goods and/or services that you purchase from a third party site, including without limitation all contract terms, are solely between you and the owner of that site and you agree not to hold Swaykart responsible or liable for any costs or damages to you or any third party arising directly or indirectly out of the purchase/availing by you of goods and/or services from any third party website and/or mobile application.
USER GENERATED CONTENT (UGC)
Swaykart provides users with access to any messages, discussion and Q&A forum. The Platform, therefore, contains user-generated content (“UGC”) which we do not pre-screen and which contains views that are the opinions of those users. These views do not represent Swaykart views, opinions, beliefs, morals or values and so, whilst we will do our best to monitor, edit or remove such UGC where we consider it appropriate or necessary to do so, we cannot promise that the content in or on the Platform (or any of it) is accurate, complete or up-to-date, that it will not offend or upset or that it does not infringe the intellectual property of other third parties. The answers and messages posted by such users are their sole creation and responsibility. We do not endorse or guarantee the completeness, truthfulness, accuracy, or reliability of any answers or messages posted by such users, nor do we endorse any opinions they express. It is further clarified that Swaykart shall not be liable for any consequence arising from or in connection with such content and/or advice.The user represents and warrants that, (i) If the UGC posted does not belong to the user, the user has obtained the necessary rights, permissions, or licenses to use the UGC.; and, (ii) the user shall not post or publish any UGC which is in contravention of any Indian laws, that which has not been created by the user, or that which violates the rights, title and interest of another person. Further, the user agrees and acknowledges that UGC posted or published on the Platform by such user is non-confidential and that the user submits such information at their own risk.
Registration
To post any comments, messages, files, photos or images on our discussion, Platform and Q&A forum, you will need to register an account with us. To register an account with us, you will need to provide us with your name, email address, password and additional details if needed. You must keep your account details up-to-date at all times including provision of a valid and working email address, and you must keep the password which you use to access your account on the Platform confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under your password. You should not sell or otherwise transfer your Swaykart account to another person or entity. Swaykart reserves the right to refuse to offer access to or use of the Platform to any person or entity at Swaykart’s sole discretion including by changing its eligibility criteria at any time.
Platform Interactions
You acknowledge and agree that any interactions with other users of the Platform or third-party websites on the Platform, including but not limited to any issues related to the use of the Platform or your personal experiences, are solely between you and the other users. We are not responsible for any such interactions or the issues arising from them.
Prohibited UGC
You are fully responsible for the content you post on the Platform. Therefore, please exercise caution when sharing any information. You agree not to upload, display, modify, publish, transmit, update, or share any content (in any form or medium), including articles, comments, queries, responses, or otherwise, that:
- Violates these terms or any applicable laws, including those related to false advertising, consumer protection, safety, discrimination, terrorism, or hate speech;
- Is harmful, blasphemous, obscene, pornographic, paedophilic, or in any way harmful to minors, or is hateful, racist, ethnically offensive, disparaging, or promotes illegal activities such as money laundering or gambling, or is false, malicious, misleading, fraudulent, or involves the sale of counterfeit, stolen, or unlawful items;
- Links to, references, or describes goods or services that are prohibited under these terms or applicable laws;
- Belongs to another person and you do not have the right to post, or infringes on any third party's intellectual property or proprietary rights (such as copyright, patent, trademark, database rights, or trade secrets);
- Violates the privacy, personality, or endorsement rights of any third party;
- Is defamatory, libellous, seditious, harassing, threatening, invasive of another’s privacy, or impersonates or intimidates any individual (including Swaykart, its employees, and other users). It also includes misleading or false representations of affiliation with any person or entity (e.g., through similar email addresses, account names, or fake accounts) and any content that is grossly offensive or menacing;
- Advertises or promotes personal or commercial websites apart from the intended purpose of the platform;
- Causes Swaykart to violate any applicable law, including any legal provisions related to taking fees for sales you make;
- Contains software viruses or any other harmful code, files, or programs designed to disrupt, destroy, or limit the functionality of any computer resources, or interfere with the use or enjoyment of the Platform by any person or entity;
- Threatens the sovereignty, integrity, security, or unity of India, harms relations with foreign countries, disrupts public order, incites any cognizable offence, or obstructs the investigation of any offence, or insults any nation.
This is a non-exhaustive list which should be used as a guide on what you must not post on the Platform or transmit to other users.You agree not to hold Swaykart responsible or liable for any material posted on the Platform by you or other users. If you become aware of misuse of the Platform or wish to report any grievance as a result of your access or usage of the Platform, please get in touch at support@swaykart.com. We shall, subject to the terms set out herein and applicable laws, redress such grievances within 1 month from the date of receipt of grievance by us. Swaykart reserves the right to reject, remove, or refuse to post any user-generated content (UGC) for any reason, at its sole discretion. This includes, but is not limited to, content that Swaykart deems to violate these terms, or that is considered offensive, illegal, or infringing upon the rights of others, or content that is deemed harmful or threatens the safety of others.
NEWSLETTERS
By registering an account with us, you agree to receive a Swaykart newsletter by email from time to time. If you do not wish to receive these newsletters you may unsubscribe from the mailing list once you have registered using the link in the emailer.
INTELLECTUAL PROPERTY RIGHTS
We solely own rights in the name and mark of Swaykart and the logo that appears on the Platform (the “Logo” ). You are not permitted to, and you agree not to, use these marks in any way (including as part of any other trademark, Company name or domain name), in connection with any product or service. We own and have the authorized licensee of all intellectual property rights (including copyright) in and to the Platform including intellectual property rights in the content hosted, published, displayed, uploaded on the Platform by us. These works are protected by copyright laws and international treaties, with all rights pertaining to them fully reserved by us. No information, content or material from us should be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission.
DISPUTE RESOLUTION
If you believe there is a dispute between you and Swaykart, please reach out to us at support@swaykart.com. These terms and the Privacy Policy available on the Platform are governed by and interpreted in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of the courts in India for the resolution of any disputes arising from these terms or your use of the Platform. Your use of the Platform is not permitted in any jurisdiction that does not enforce all provisions of these terms, including, without limitation, this section.
LIABILITY
The content on the Platform is provided in good faith and on an “as is, where is” basis, without any warranty regarding its fitness for any specific purpose. The content may contain inaccuracies or typographical errors. While Swaykart strives to ensure the accuracy of the information on the Platform, no express or implied warranty is made regarding its correctness. Swaykart does not accept any liability for error or omission or that the functions contained in content, information and materials on the Platform, including, without limitation any third party sites or services linked to the Platform will be uninterrupted or timely, or that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components
By using the Platform, you agree that Swaykart, along with its employees, contractors, partners, sponsors, advertisers, and others, are not responsible or liable for any content or materials, including text, images, photos, audio clips, videos, or web links posted by you, other users, or third parties. Furthermore, Swaykart and its affiliates are not liable for the content or availability of third-party websites or mobile applications linked to or referenced on the Platform. You agree that neither Swaykart nor its affiliates shall be responsible, directly or indirectly, for any loss or damage arising from your use of, or reliance on, such content or any goods or services available through those third-party websites or apps. Any material you download or access through the Platform is done at your own risk, and you are solely responsible for any damage or loss of data that may result from such downloads to your computer system. Swaykart cannot and does not guarantee that other users will comply with these terms, and as such, you assume all risk of harm or injury resulting from non-compliance by others.
BREACH OF THESE TERMS
Your account and associated subscription are non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person. If you violate any of these terms and conditions, Swaykart may terminate your account in our sole discretion and without limitation, either with or without notice. Upon suspension or termination of your account with us, we reserve the right to remove or delete your information that is available with us, including but not limited to your login, account information and information posted by you. Should we terminate the Account, we will forfeit all the information other compilations created by you through the Platform, and you may not be entitled to re-enrol or re-join or create a new account unless invited to re-join or to subscribe to a new account by us.
INDEMNIFICATION
You agree to indemnify and hold each of Tesoro Innovations Private Limited, its directors, representatives, employees and contractors, harmless from any claim or demand, including solicitors fees, made by any third party due to or arising out of your use of the Platform, the breach of these terms by you, or the infringement by you of any intellectual property or other right of any other person or entity.
WAIVER
If any provision of these terms is unenforceable as determined by a court of competent jurisdiction under applicable law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect. If we delay or fail to act in respect of any breach by you of these terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by you.
NOTICES
If you need to give us notice of anything, you must write to us in English at support@swaykart.com. If we need to give you notice of anything, we shall write to you at the email address you provide to us, either during the registration process or when your email address changes. Notice shall be deemed given 24 hours after an email is sent, unless the sender is notified that the email address is invalid or receives any ‘delivery failure’ notification. If you have any questions about this, please contact support@swaykart.com.
