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swasstationery.in Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules 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 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.swasstationery.in website.

The domain name www.swasstationery.in (hereinafter referred to as "Website") is owned by Swastik International a firm registered under GST with its registered office at 28/7. 60 Feet Road, Vishwas Nagar, Delhi-110032, India (hereinafter referred to as "Swastik").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Swastik International and these terms and conditions including the policies constitute Your binding obligations, with Swastik.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Swastik allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Swastik International

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), 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 Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use 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 these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Swastik Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

1. Modification of Terms

SWASTIK INTERNATIONAL may add to or change or update this Agreement at any time entirely at its own discretion without any advance notice. Changed terms and condition will become effective once posted on the Portal. The visitor’s use of a Portal after any amendment to the terms and conditions of use shall constitute acceptance of these terms and conditions.

2. Disclaimer of Warranties and Limitation of Liability

2.1 General

All the contents of this Portal are only for general information or use. They do not constitute any advice and should not be relied upon in making (or refraining from making) any decision. SWASTIK INTERNATIONAL disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Portal, or by anyone who may be informed or act upon any of its contents. The visitor’s access to and use of software and other materials on, or through, this Portal is solely at own risk. SWASTIK INTERNATIONAL make no warranty whatsoever about the reliability, stability or virus free nature of such software.

SWASTIK INTERNATIONAL have taken reasonable steps to ensure the information provided by it on this Portal is accurate at the time of view. However, SWASTIK INTERNATIONAL cannot and have not checked the accuracy of all information provided by outside sources for example by the providers of other information, or of other parties linked to or from the Portal.

SWASTIK INTERNATIONAL aim to ensure that availability of the Portal will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and SWASTIK INTERNATIONAL reserve the right to withdraw or amend the service SWASTIK INTERNATIONAL provide on the Portal without notice. Also, access to the Portal may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. SWASTIK INTERNATIONAL will attempt to limit the frequency and duration of any such suspension or restriction. SWASTIK INTERNATIONAL will not be liable if for any reason Portal is unavailable at any time or period. The visitor also agrees and confirms that usage of this Portal is subject to force majeure conditions.

2.2 Disclaimer of Warranty

To the maximum extent permitted by applicable law, SWASTIK INTERNATIONAL disclaim all warranties relating to the information, software, products and services contained in this Portal. All such information is provided 'AS IS' without warranty of any kind. SWASTIK INTERNATIONAL hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this Portal including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

2.3 Limitation of Liability

SWASTIK INTERNATIONAL and its affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to Your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the SWASTIK INTERNATIONAL’s Portals/services, with the delay or inability to use the SWASTIK INTERNATIONAL’s Portals/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the SWASTIK INTERNATIONAL’s Portals/services, or otherwise arising out of the use of the SWASTIK INTERNATIONAL’s Portals/services) arising in contract, tort or otherwise from the use of or inability to use the Portal, or any of its contents, or from any act or omissions a result of using the Portal or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the portal. No representations, warranties or guarantees whatsoever are made by SWASTIK INTERNATIONAL as to the:-

  1. accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation;
  2. that the service will be uninterrupted, timely, secure, or error-free;
  3. the quality of any products, services, content, information, or other material purchased or obtained from the Portal will meet your expectations or requirements;
  4. orany errors in the Portal will be corrected.

In no event will SWASTIK INTERNATIONAL be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:

  1. Access to, or use of this Portal, or delay or inability to use this Portal, or any information contained in this Portal; or,
  2. The availability and utility of products and services

Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by SWASTIK INTERNATIONAL.

3. Indemnity

As a condition of use of this Portal, the visitor agrees to indemnify SWASTIK INTERNATIONAL and its affiliates, employees, Directors, consultants, Proprietor and associates from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from the use of this Portal, or violation of any law or the rights of a third party, including without limitation any claims alleging facts that if true would constitute a breach of this Agreement.

4. Links to Third-Parties' Webportals

This Portal may contain links and pointers to internet portals maintained by third parties. SWASTIK INTERNATIONAL do not operate or control or connection, business or otherwise in any respect any information, products or services on such third-party portals. Third party links and pointers are included solely for the visitor’s convenience, and do not constitute any endorsement by SWASTIK INTERNATIONAL. The visitor assumes sole responsibility for use of third party links and pointers. The visitor agrees and understands that by visiting such third party portals are beyond the SWASTIK INTERNATIONAL’s Portal. SWASTIK INTERNATIONAL, therefore, neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by Your visit and/or transaction/s on these third party portal(s), as the same is provided on "AS IS" without warranty of any kind. SWASTIK INTERNATIONAL shall not be responsible nor liable for any consequential damages arising on account of relying on the contents of the advertisement. Before relying on the material, the visitor should independently verify its relevance for their purposes, and should obtain any appropriate professional advice.

5.Termination of Account

SWASTIK INTERNATIONAL reserves the right to refuse service, restrict, suspend, terminate the visitor’s access to Portal; Refuse, move or remove for any reason any content/image that the visitor submits on or through the services; Refuse, move, or remove any content/image that is available on or through the services; Establish general practices and limits concerning use of the services) at any time in its sole discretion with or without cause, and with or without any prior notice for any violation of this Agreement . Upon such termination or suspension, the visitor’s right to use the Portal shall immediately cease.

6. Limitations on Use

The visitor agrees to use this Portal solely to determine the availability of goods and services and make legitimate reservations or transact business with SWASTIK INTERNATIONAL. The visitor agrees to use the Portal only for personal, non-commercial use. All fees, assessments, charges, taxes and duties arising out of use of the Portal are sole responsibility of the visitor.

The visitor agrees not to abuse the Portal. 'Abuse' includes, without limitation, using the Portal to:

  1. Defame, harass, stalk, threaten, abuse or otherwise violate others' rights as defined by applicable law.
  2. Harm or interfere with the operation of others' computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
  3. Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
  4. Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
  5. Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
  6. Download or upload files that are unlawful to distribute through the Portal.
  7. Transmit any information or software obtained through the portal, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Portal.
  8. Interfere or attempt to interfere with the proper working of the Portal or any activities conducted on the Portal; or
  9. Bypass SWASTIK INTERNATIONAL's robot exclusion headers or other measures, SWASTIK INTERNATIONAL may use to prevent or restrict access to the Portal.
  10. Cause an excessively large load on the infrastructure of the Portal.
  11. Falsely use a password or personal identification number during logging into the Portal, or misrepresent one's identity or authority to act on behalf of another.
  12. Violate this Agreement in any other manner.

7.Copyright and Trademarks

Unless otherwise stated, copyright and all intellectual property rights in all material presented on the Portal (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this Portal are the property of SWASTIK INTERNATIONAL, its affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of SWASTIK INTERNATIONAL. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

8. Sale of SWASTIK INTERNATIONAL's Brands or Business

In connection with the sale of one or more of SWASTIK INTERNATIONAL’s brands or a part of SWASTIK INTERNATIONAL’s business to a different company, SWASTIK INTERNATIONAL reserve the right to transfer personal information to a new owner that agrees to offer equivalent safeguards for the use and disclosure of the visitor’s personal information.

9. Electronic Communications

When the visitor visits this Portal or sends emails, the visitor is communicating with us electronically. The visitor consents to receive communications from us electronically. We will communicate by email / sms / voice calls or by posting notices on the Portal. The visitor agrees that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing.

 

10. Arbitration & Jurisdiction

Any dispute or difference relating to the Portal or this Agreement shall be referred to the Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-enactment of the same. Reference shall be made to the sole Arbitrator to be appointed by SWASTIK INTERNATIONAL. The venue of the Arbitration shall be New Delhi and the language of the Arbitration shall be English. The award of the Arbitrator shall be final and binding on the parties.

The Agreement shall be governed by the Laws of India. Any legal actions pertaining to this Portal or this Agreement shall be commenced within the competent courts in New Delhi to the exclusion of other courts.