Last Updated: 06/10/2021

These Terms & Condition constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” OR “user”) and Vwyre Technology Labs Pvt. Ltd. through its application/product Swaayam (hereinafter collectively referred to as “Swaayam” OR “Our” OR “WE/US”) concerning your access to and use of the https://www.Swaayam.co website as well as any other media authorization form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms & Condition. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS & CONDITION, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. 

The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Vwyre Technology labs Private Limited a company incorporated under the Companies Act, 2013 with a principal place of working at Villa 1B The Grove, Tekken Estates Ambedkar Nagar Road, Whitefield Bangalore_560066. This Agreement annuls and voids all previous agreements. 

OVERVIEW 

The Site (http Swaayam.co/) is operated by Vwyre Technology labs Private Limited . Throughout the Site, the terms “we”, “us” and “our” refer to Swaayam. Swaayam offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our Site and/or purchasing and/or signing-up and/or consenting to receive media material from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. 

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes. 

GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the legal age, or that you are the and you have given us your consent to allow any of your minor dependents to use this Site. 

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction. 

You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. 

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: 

1. Restrict, suspend or terminate your access to all or any part of our Site; 
2. Change, suspend or discontinue all or any part of our products or Site; 
3. Refuse, move, or remove any content that is available on all or any part of our Site; 
4. Deactivate or delete your accounts; 
5. Establish general practices and limits concerning use of our Site. 

You agree that we will not be liable to you or any third party for taking any of these actions. 

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. 

You understand that your content (not including credit/debit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/debit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. 

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Swaayam content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Swaayam and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Swaayam or our licensors except as expressly authorized by these Terms. 

CREATING AN ACCOUNT

Once you create an account with us i.e., YOU become a “registering party” with us either as a candidate or as an employer, as a learning content creator or a Subject Matter Expert, you are registered on the Swaayam Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on Swaayam’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement as a Guest member; IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SITE. 

When you create an account, you will provide your mobile number or email ID. We will send you an OTP whenever you log into your registered mobile number with Swaayam or may also ask you to create a password as deemed fit. Because any activities that occur under your username or password or OTP are your responsibility it is important for you to keep your username and/or password or OTP secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Swaayam is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization at connect@swaayam.co. 

Furthermore, the registering party hereby acknowledges, understands and agrees to: 

1. Furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and 
2. Maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. 

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Swaayam will have sufficient grounds and rights to suspend or terminate the member without any monetary adjustments or refunds in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Swaayam Services, or any portion thereof.

CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Swaayam Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Swaayam. 

Furthermore, you herein agree not to make use of Swaayam’s Services for the purpose of: 

1. Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; 
2. Causing harm to minors in any manner whatsoever; 
3. Impersonating any individual or entity, including, but not limited to, any Swaayam officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; 
4. Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
5. Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; 
6. Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
7. Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
8. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
9. Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
10. Interfering with or disrupting any Swaayam Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
11. Intentionally or unintentionally violating any local, state, tribunal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the Union of India, in addition to any rules of any nation or other securities exchanges, that would include without limitation, the SEBI, and any regulations having the force of law;
12. Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the government of Union of India as a “foreign terrorist organization” or any other restrictions imposed on trade or trade aspect by the government of Union of India;
13. “Stalking” or with the intent to otherwise harass another individual; and/or
14. Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Swaayam herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members. 

Swaayam herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: 

1. Compliance with any legal process;
2. Enforcement of the Terms;
3. Responding to any claim that therein contained content is in violation of the rights of any third party;
4. Responding to requests for customer service; or
5. Protecting the rights, property or the personal safety of Swaayam, its visitors, users and members, including the general public.

Swaayam herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Swaayam or any other content providers supplying content services to Swaayam. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited. 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Union Of India, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

You herein agree not to display and/or use in any manner the Swaayamlogo or marks without obtaining Swaayam’s prior written consent. 

With regards to appropriate circumstances and at its sole discretion, Swaayam may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information: 

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest; 
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon; 
3. A description of the location of the site which you allege has been infringing upon your work;
4.  Your physical address, telephone number, and email address;
5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.

The Swaayam agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows: Email: connect@swaayam.co 

GLOBAL USE: EXPORT/IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the Union of India and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, as well as the sanctions control program of the Union of India. Furthermore, you state and pledge that you: 

1. Are not on the list of prohibited individuals which may be identified on any government export exclusion report nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
2. Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
3. Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the Union of India export laws; and
4. Agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the Union of India or other applicable export and/or import laws.

MEDIA AUTHORIZATION

Swaayam shall have claim to ownership of any content submitted by any visitor, member, or user, and make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Swaayam the below listed worldwide, royalty-free, reproducible and non-exclusive licenses, as applicable: 

1. The content submitted or made available for inclusion on the publicly accessible areas of Swaayam’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the purpose of marketing, providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Swaayam’s sites, and shall terminate at such time when you elect to discontinue your membership.
2.  Photos, audio, video and/or graphics, data in form of but not limited to any file namely Curriculum Vitae, Resume, or any other data submitted or made available for inclusion on the Swaayam’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing of Swaayam’s Client’s/Users. This license shall be available so long as you are a member of Swaayam’s sites and shall terminate as per privacy policy at such time when you elect to discontinue your membership.
3. For any other content submitted or made available for inclusion on the publicly accessible areas of Swaayam’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

CONTRIBUTIONS TO COMPANY WEBSITE

Swaayam may provide an area for our user and members to contribute feedback to our website. When you submit testimonials, feedback, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that: 

1. Your contributions do not contain any type of confidential or proprietary information;
2. Swaayam shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
3. Swaayam shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
4. The contributor’s Contributions shall automatically become the sole property of Swaayam; and
5. Swaayam is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

INDEMNITY

All users and/or members agree to insure and hold Swaayam, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of Swaayam Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person. 

COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Swaayam’s sites. 

SOCIAL MEDIA POLICY

All users and/or members agree to refrain from posting content related to defamatory, fraudulent, hate-review, blame, accusation against Swaayam, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors. Swaayam does not encourage restrictions to your social media freedom but shall reserve every remedy available under the law such as contracts law, injunctions, defamation law to protect Swaayam’s goodwill in public at-large.   

MODIFICATIONS

Swaayam reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. 

TERMINATION

As a member of https://swaayam.co/, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request by selecting/navigating appropriate method available on Swaayam’s website. Alternatively, in absence of any such feature, YOU may send a termination request to connect@swaayam.co  

As a member, you agree that Swaayam may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to: 

1. Any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
2. By way of requests from law enforcement or any other governmental agencies;
3. The discontinuance, alteration and/or material modification to our Services, or any part thereof;
4. Unexpected technical or security issues and/or problems;
5. Any extended periods of inactivity;
6. Any engagement by you in any fraudulent or illegal activities; and/or
7. The nonpayment of any associated fees that may be owed by you in connection with your https://swaayam.co/ account Services. 

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. 

The termination of your account with https://swaayam.co/ shall include any and/or all of the following:

1. The removal of any access to all or part of the Services offered within https://swaayam.co/;
2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
3. The barring of any further use of all or part of our Services. 

LINKS

Either Swaayam or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Swaayam shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. 

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Swaayam’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Swaayam or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Swaayam Services (e.g. Content or Software), in whole or part. 

Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Swaayam for use in accessing our Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: 

1. THE USE OF SWAAYAM SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. SWAAYAM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. SWAAYAM AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) SWAAYAM SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) SWAAYAM SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SWAAYAM SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SWAAYAM SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER/MOBILE DEVICE AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM SWAAYAM OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
5. PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY MEDICAL COMPLICATIONS WHILE USING OUR SERVICES SUCH AS DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SWAAYAM AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: 

1. THE USE OR INABILITY TO USE OUR SERVICE;
2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
4. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

YOU UNDERSTAND THAT FOR ANY PAYMENTS SWAAYAM ENGAGE A THIRD PARTY PAYMENT GATEWAY. SWAAYAM SHALL NOT BE RESPONSBILE FOR YOUR INTREACTION IN ANY MANNER WHATSOEVER WITH ANY PAYMENT GATEWAY OR ANY DISPUTE ARISING OUT OF THIS. YOU SHALL BE SOLELY LIABLE FOR YOUR INTERACTION WITH THE PAMENT GATEWAY.  

RELEASE

In the event you have a dispute, you agree to release Swaayam (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute. 

NOTICE

Swaayam may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner. 

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Swaayam and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Swaayam Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Swaayam Services, affiliate Services, third-party content or third-party software.

GOVERNING LAW

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of Swaayam.

In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation (Amendment) Act, 2021 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by Swaayam and You. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by Swaayam and You in writing.

It is at the mutual agreement of both you and Swaayam with regard to the Agreement that the relationship between the parties shall be governed by the laws of Union of India with regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Swaayam, shall be filed within the courts having jurisdiction within the Courts of Bengaluru, including High Court of Karnataka. You and Swaayam agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. 

WAIVER AND SEVERABILITY OF TERMS

At any time, should Swaayam fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. 

SERVER & STORAGE

You understand that Swaayam may store, process your data on servers located outside India. Though Swaayam shall take every possible business measure to secure your data but disclaim any warranty or implied warranty for the data protection for servers outside India.  

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. 

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within year(s) after said claim or cause of action arose or shall be forever barred. 

VIOLATIONS

Please report any and all violations of this Agreement to Swaayam as follows: 

Mailing Address: Swaayam, Villa 1B The Grove, Tekken estate, Dr. Ambedkar Nagar Road, Whitefield

Email: connect@Swaayam.co

GOVERNMENT REQUESTS

In order to cooperate with governmental requests or court orders, to protect our systems, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the terms of our Privacy Policy.

INTERNATIONAL ACCESS OF SITE

The Site is controlled, operated and administered by Swaayam from our offices within India. If you access the Site from a location outside India, you are responsible for compliance with all local laws. You agree that you will not use Swaayam’s content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. 

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Swaayam Online Privacy Policy (see the full Privacy Policy at https://swaayam.co/privacypolicy/). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within India and/or other countries for storage.

FORCE MAJEURE

Swaayam shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.

DISCLAIMER

The information is provided by Swaayam and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Swaayam. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, Swaayam takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control. All images, audio, video and text in the Site and/or Application are only for illustrative purposes. None of the models, actors or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.