Last Updated: 05 April 2024

INTRODUCTION

These Terms of Use (“Terms”) apply to the website located at swayara.com or Swayara mobile applications that direct the viewer or user to these Terms (collectively, the “Site”). In these Terms, the terms “Swayara,” “we,” and “us” refer to Arjun Global Traders.

1. Acceptance of Terms

By accessing or using our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws. If you do not agree to these Terms, please refrain from using the Site.

2. Modifications to Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting on this page. It is your responsibility to review these Terms periodically. Continued use of the Site after modifications are posted constitutes acceptance of the updated Terms.

3. Eligibility

The Site is intended for use by individuals aged 18 and above. By using the Site, you affirm that you are at least 18 years old or have the permission of a legal guardian who agrees to these Terms on your behalf. If you are under 18, please do not use the Site.

4. License to Use the Site

Any commercial use, personal use, reproduction, distribution, or modification of any part of the Site without our prior written consent is prohibited.

5. Restrictions on Use

  • No Unauthorized Access: You agree not to attempt to gain unauthorized access to the Site, its server, or any related systems or networks.
  • Prohibited Conduct: You agree not to engage in any conduct that would harm or impair the Site, interfere with another user’s access to the Site, or violate the legal rights of others.
  • Prohibited Content: You agree not to post or transmit any content that is defamatory, obscene, unlawful, or infringes on the intellectual property rights of third parties.

6. Intellectual Property Rights

  • Content Ownership: The content, images, designs, text, and other materials on the Site (collectively, “Content”) are protected by intellectual property laws and are the exclusive property of Swayara or its licensors.
  • No Transfer of Ownership: Nothing on the Site should be interpreted as granting, by implication or otherwise, any license or right to use any intellectual property displayed on the Site without our prior written permission.

7. User Content and Conduct

  • User-Generated Content: You may be able to submit content (e.g., comments, reviews) on the Site. By submitting content, you grant Swayara a perpetual, irrevocable, royalty-free, worldwide license to use, display, and distribute such content.
  • User Conduct: You agree to refrain from submitting content that is misleading, fraudulent, defamatory, obscene, or otherwise violates any laws. You remain solely responsible for any content you submit to the Site.

8. Disclaimer of Warranties

  • No Warranty: The Site is provided on an “AS IS” and “AS AVAILABLE” basis. Swayara makes no warranties, express or implied, about the accuracy, completeness, reliability, or availability of the Site and disclaims all warranties to the fullest extent permitted by law.
  • Limitation of Liability: Swayara will not be liable for any damages arising from the use or inability to use the Site, including but not limited to loss of profits, data, or goodwill.

9. Limitation of Liability

Subject to applicable law, including with respect to liability for personal injury or non-waivable statutory rights under Indian law, in no event shall Swayara or its officers, directors, employees, shareholders, or agents:

  • Be liable to the user with respect to use of the Site, the content, or the materials or products contained in or accessed through the Site (including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Swayara), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failures, theft, destruction, or unauthorized access to Swayara’s records, programs, or services.
  • Be liable to the user for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft, or corruption of user information, or the inability to use the Site or any of its features. The user’s sole remedy is to cease use of the Site.

10. Indemnification

You (and any third party for whom you operate an account or activity on the Site or any other third-party platform such as social media that may interact with the Site) agree to defend (at Swayara’s request), indemnify, and hold Swayara harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf):

  • Your content or your access to or use of the Site;
  • Your breach or alleged breach of these Terms;
  • Your violation of any third-party right, including intellectual property, publicity, confidentiality, property, or privacy rights;
  • Your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental authorities; or
  • Any misrepresentation made by you. You will cooperate fully as required by Swayara in the defense of any claim. Swayara reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not settle any claim without Swayara’s prior written consent.

11. Service Availability and Modifications

  • Service Interruptions: We make every effort to ensure the Site is available at all times, but we do not guarantee uninterrupted or error-free access. Swayara reserves the right to suspend or terminate the Site at any time without notice.
  • Modifications to Services: We may add, modify, or discontinue features or functionality on the Site without notice. You agree that Swayara is not liable for any modification, suspension, or discontinuation of any part of the Site.

12. Data Collection and Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Site, you consent to the data practices outlined in our Privacy Policy.

13. Termination

Swayara reserves the right to terminate or suspend your account and access to the Site at any time, with or without notice, if we believe that you have violated these Terms, engaged in illegal activities, or otherwise acted in a manner harmful to our interests.

14. Dispute Resolution

  • Arbitration: You agree to resolve any disputes through binding arbitration administered by an independent arbitrator. You waive any right to a trial by jury or to participate in a class action.
  • Governing Law: These Terms are governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms or your use of the Site will be subject to the exclusive jurisdiction of the courts of Bangalore, Karnataka.

15. Waiver and Severability

  • Waiver: The failure by Swayara to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement between you and Swayara concerning your use of the Site.

17. Force Majeure

Swayara shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, or technical failures.

18. Contact Information

If you have any questions regarding these Terms, please contact us at: