Swadeshihata terms of use

• This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and other subsequent rules etc. that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.swadeshihata.com website.
• Your use of a Swadeshihata website {including www.swadeshihata.com (hereinafter referred to as the “Website") and its related sites, services and tools} is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Swadeshihata Marketing Private Limited and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours India Standard Time 23rd April 2023 ("User Agreement"). swadeshihata.com is an internet based portal owned and operated by Swadeshihata Marketing Private Limited; a company incorporated under Companies Act, 2013 having its registered office at Swadeshihata Marketing Pvt. Ltd, Anand Gram c/o- usha singh ,Lane No -4 , Morabadi , Ranchi , Jharkhand -834008 India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so require '“you”, “your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “Swadeshihata” shall mean Swadeshihata Marketing Private Limited (swadeshihata.com) and includes its associates, affiliates and subsidiary (ies).
• The use of the Website is offered to you conditioned on your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by Swadeshihata at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean your affirmative action in clicking on 'check box' and on the 'continue button' as provided on the registration page or clicking on 'Buy Now' button while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance You hereby further agree that this User Agreement is being concluded and executed at Ranchi ( Jharkhand).
• Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and do not seek to obtain access to or otherwise use the Website.

AMENDMENTS:

• When you use any of the services provided by us through the Website, including but not limited to Product Reviews, product purchases etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non- exclusive, non-transferable, limited privilege to enter and use the Website.
• By accepting this User Agreement, you also accept and agree to be bound by swadeshihata.com Rules and Policies as provided from time to time in the following hyperlinks:
  1. swadeshihata.com Policies & Rules.
  2. swadeshihata.com Privacy Policy.

1. MEMBERSHIP ELIGIBILITY
   • Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase any items on the Website except through your legal guardian or parents who have registered as users on the Website or can use the Website as Guest User. swadeshihata.com reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
   • Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind your business entity to this User Agreement..
   • Guest User: : If you are transacting as a Guest User, you shall not be allowed the complete services on Website and there could be certain additional restrictions on you as a Guest User for your purchase and the other functionality of the Website available to you. As a guest user, you will not be eligible to participate in the Compensation plan and all other benefits that are not assignable to a guest user.


2. ACCOUNT AND REGISTRATION OBLIGATIONS
   • If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. If you use the Website as a Guest User you are responsible for maintaining the confidentiality of your email ID and phone number and restricting access to your computer, computer system and computer network. You are responsible for all activities that occur under your User ID and Password (if registered) or email id and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of your phone, the details of which are used to transact services with swadeshihata.com. You agree, inter alia, to: (i) Provide true, accurate, current and complete information about yourself as prompted by swadeshihata.com’s registration form or provided by you as Guest User (such information
   • being the "Registration Data") (ii) You must not include any of your contact details such as email addresses etc in your User ID while registering as Registered User; and (iii)Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times; (iv) You must immediately notify us of any unauthorized use of your password or account or any other breach of security, and (v) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete or swadeshihata.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, swadeshihata.com has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website. swadeshihata.com shall not be liable for any loss or damage arising from your failure to comply with this Clause 2(iii). Electronic Execution and Communications When you use the Website or send emails or other data, information or communication to swadeshihata.com, you agree and understand that you are communicating with swadeshihata.com through electronic records. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website or through any other Swadeshihata services. You agree that all the agreements, notices, disclosures and other communications that we provide to you electronically shall be deemed adequate service of notice/electronic record and satisfy any legal requirement that such communication be in writing.


3. MEMBERSHIP
   • Membership on the Website is free. swadeshihata.com does not charge any fee for browsing and buying on the Website.


4. LIMITATION OF LIABILITY
   • In no event shall swadeshihata.com or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this agreement (however arising, including negligence). swadeshihata.com's liability in any circumstance is limited to the amount of fees, if any, paid by you to swadeshihata.com. swadeshihata.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, swadeshihata.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
     1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
     2. Any interruption or errors in the operation of the Website.


5. INDEMNITY
   
   
   • You agree to indemnify and hold harmless swadeshihata.com and (as applicable) swadeshihata.com’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by swadeshihata.com, made by any third party arising out of your breach or non-performance of terms of the User Agreement, swadeshihata.com Rules and Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
6. GENERAL
   1. None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and swadeshihata.com and you shall have no authority to bind swadeshihata.com in any manner whatsoever.
   
   
   2. Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of swadeshihata.com to Swadeshihata Marketing Private Limited, Attn: Legal Department, at Swadeshihata Marketing corporate office situated at , Anand Gram c/o- usha singh ,Lane No -4 , Morabadi , Ranchi , Jharkhand -834008 India (in the case of swadeshihata.com) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
   3. Severability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement. this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non- exclusive, non-transferable, limited privilege to enter and use the Website.
      • By accepting this User Agreement, you also accept and agree to be bound by swadeshihata.com Rules and Policies as provided from time to time in the following hyperlinks
        1. swadeshihata.com Policies & Rules
        2. swadeshihata.com Privacy Policy.
7. ARBITRATION
   • If any dispute arises between you and swadeshihata.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by swadeshihata.com. The place of arbitration shall be Ranchi , Jharkhand, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.
8. GOVERNING LAW
   • The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between you and Swadeshihata shall be subject to the exclusive jurisdiction of courts at Ranchi,Jharkhand , India.