Terms & Conditions
THESE TERMS AND CONDITIONS ("TERMS") GOVERN CUSTOMER USE OF THE SWYFTIN SERVICE. IF CUSTOMER VISITS ANY OF THE SWYFTIN WEBSITES MENTIONED BELOW OR REGISTERS FOR A FREE TRIAL, FREE PLAN, OR PAID PLAN OF OUR SERVICE ON ANY OF OUR WEBSITES FOR CLOUD BASED PRODUCT OR USES ANY OF OUR ON-PREMISES SOFTWARE, THESE TERMS APPLY.
ACCEPTANCE OF TERMS
Swyftin shall provide You with a username and password to access the Swyftin Software. As a user You may also have rights to create sub users and their passwords to access the Swyftin Software. All users who access the Swyftin Software service do so with User account(s) which are provided to them by Swyftin or by Users. As a safety measure, all the Users shall have to change the passwords after first login. As a registered user, You choose a unique password. You may not use the password of any other person to access the system. You are responsible for maintaining the confidentiality of your password and may not let any other person use it. You are solely responsible for the activities of anyone using your password, even if the activities were not authorized by You. You must notify us immediately of any unauthorized use of your password. In addition, if You believe or suspect your password has been compromised, You must promptly change your password using the functionality provided in the software. You are responsible for maintaining the confidentiality of your user account information and your password. Swyftin will not be held accountable for changes made by either the users or services or channels You are associated with.
- The Service shall be provided by means of an access to a Universal Resource Locator (URL) designated by the Company. In relation thereto, the Company shall provide the Client with a Member ID and Password to access the designated URL.
- The Client shall be solely responsible for maintaining the confidentiality of its Member ID and Password and for all activities that occur under the registered Member ID and Password. The client is responsible for notifying the company immediately for any unauthorized use of its Member ID and Password or any breach of security.
- The company reserves the right to introduce new features, enhancements, functionalities on technical or cosmetic level for its products and services or to future versions of products and services.
- The Company regularly backs up all data and information found on the Service and stores the same for a limited time. However, the Company shall not be liable for any failure to backup or restore any information or for interruptions, delay, or suspension of access to or unavailability of the Service, or any loss of such information, data, or transmissions.
- The Client Shall be responsible for the acquisition of rights to the content that they upload to Swyftin (e.g. pictures) and represent that they thereby do not violate the rights of any third parties.
- You hereby warrant and guarantee that you will not to use the Swyftin services to create content that:
- is not objective or intentionally untrue,
- immoral, pornographic or in any other way offensive,
- infringes upon the rights of third parties, in particular copyright,
- violates applicable laws in any way or constitutes a criminal offense,
- contains viruses or other computer programs that may damage software or hardware or that may affect the use of computers,
- is a survey or chain letter,
- is aimed at collecting or using personal data from other users, especially for commercial purposes.
All Proprietary and intellectual property rights in and to the software, user manual and all components thereof and any copy of the same shall remain the sole and exclusive property of SWYFTIN. SWYFTIN retains all rights not expressly granted herein.
2. Restrictions on Use of Swyftin
You agree not to, and shall not permit any third party to:
- Copy, distribute or modify any part of Swyftin without our prior written authorization.
- Use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein;
- Make Swyftin available over a network where it could be used by multiple devices owned or operated by different people at the same time.
- Disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of Swyftin.
- Circumvent, disable or otherwise interfere with security-related features of Swyftin or its features that prevent or restrict use or copying of any content or that enforce limitations on use of Swyftin.
- Remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via Swyftin.
- Use any communications systems provided by Swyftin to send unauthorized and/or unsolicited commercial communications.
- Use the Swyftin name, logo, or trademarks without our prior written consent; and/or
- Use Swyftin to violate any applicable laws, rules, or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
3. Indemnification You hereby indemnify, defend, and hold harmless
Swyftin and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, proprietors and attorneys and their respective heirs, successors, and assigns (“Swyftin Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval. Swyftin reserves the right to assume, the exclusive defense and control of any matter otherwise subject to indemnification by you.
4. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, SWYFTIN, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN ANY EVENT, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THESE TERMS, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE SWYFTIN, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO US FOR RECEIVING THE RELEVANT SERVICE. SWYFTIN AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY CUSTOMER, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. SWYFTIN AND THE SWYFTIN AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
5. Software Interruption
Swyftin may make changes to the Swyftin Software from time to time. Should changes be made to any module of the system that could affect your operation of the system you may or may not be notified of such change. To apply upgrades and other changes to the System Software the Swyftin Software may be made temporarily unavailable. To minimize the impact to your usage of system, Swyftin will attempt to make any outages as short as possible and at a time of day where system usage is at its minimum.
6. Third Party Application and Services
Your right to use Swyftin will automatically terminate if you violate these Terms of Service or if you fail to pay the license fee as agreed. You agree that in the event of termination, you shall immediately return all copies of the Software and user manuals to Swyftin or delete the software and give the proof of such deletion. This termination is without prejudice to any other rights available to Swyftin under law. Our business may change over time and we reserve the right to modify Swyftin or any services offered through Swyftin. We also reserve the right to suspend or discontinue Swyftin or your use of Swyftin, in whole or in part, at any time with or without notice and without liability to you. Upon termination of these Terms, you shall cease all use of the Site. These Sections 6 (Intellectual Property Rights), 8 (Privacy), 9 (Warranty Disclaimers), 10.1 (Limitation of Liability), 10.2 (Indemnity), 13 (Governing Law and Disputes) to 14 (General) shall survive termination of these Term.
8. Information Description
We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on Swyftin is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
9. Intellectual Property Rights
Ownership: Swyftin is licensed and not sold to you under these Terms, and you acknowledge that Swyftin and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to Swyftin. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. All contents, text, images, data, information, and other material displayed, available or present on Swyftin website, including any trademarks or copyrights, are the property of Swyftin or the designated owner and are protected by applicable intellectual property laws. YOU agree not to infringe upon or dilute any intellectual property of Swyftin, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on Swyftin Website. YOU are not allowed to link to, reproduce, sell, publish, distribute, modify, or display this Website or any Content without the prior written permission of Swyftin. YOU agree not to upload copyrighted or other proprietary material of any kind on the Swyftin System without the express permission of the owner of that material. YOU are solely responsible for the content in your account and for any offense, claims or damages that arise from the content of those material.
10. DISCLAIMER AND WARRANTIES
Swyftin, its related companies, officers, employees, and its suppliers provide the Swyftin Software and related services "as is" and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. Swyftin, its related companies, officers, employees and its suppliers specifically disclaim any implied warranties of title, merchant - ability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law. Swyftin is not responsible for any third party software or any other software installed or used by You, or for the operation or performance of the Internet. You assume all responsibility for determining whether the Swyftin Software and related services are sufficient for your purposes. Swyftin does not warrant or guarantee the availability or accuracy of any information provided by or with respect to You or any third party, including but not limited to inventory, rates, and updates to Swyftin Software and related services, and you agree to hold Swyftin free from and against any such claims. You understand and agree that Swyftin does not warrant that all errors in the Swyftin Software can be corrected and the Swyftin Software may not satisfy all of your requirements and may not be uninterrupted or error-free. Swyftin does not guarantee continuous, error-free, and uninterrupted access to Swyftin Software and related services, and operation of the Swyftin Software and related website(s) may be interfered with by numerous factors outside of our control.
11. Governing Laws and Jurisdiction
This Agreement shall be governed, constructed, and enforced in accordance with the laws of Republic of India. Each Party agrees that any legal action proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be bought and prosecuted only in a court of New Delhi territory and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.
12. Governing Language
Any translation of this Terms and Condition is done for local requirements or for your convenience. In the event of a dispute between the English and any non- English versions, the English version of the License shall govern, to the extent not prohibited by local law in your jurisdiction.
13. Website Services Use Eligibility
If you are under the age of 18 or the applicable legal age of majority in your jurisdiction, you can use the Services and any other services provided by this Site only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms of Service. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.
14. No other Rights
No other rights or licenses are granted under this Agreement, by implication, estoppel, statute or otherwise, except as expressly provided herein.
Swyftin does not promise that the Services will be uninterrupted, error free, or completely secure. You acknowledge that there are risks inherent due to dependency on internet connectivity, third party service providers that could result in the loss of their privacy, Confidential Information, and property. Swyftin has no obligation to provide security other than as stated in this Agreement. Swyftin disclaims any and all warranties not expressly stated in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You are solely responsible for the suitability of the service chosen. The Services are provided AS IS, subject to any applicable service level. Any voluntary services Swyftin may perform at Your request and without any additional charge are provided AS IS, including any services that are deemed unsupported. You are responsible for understanding the regulatory requirements applicable to Fr business and for selecting and using those services in a manner that complies with the applicable requirements. You are solely responsible for determining the suitability of the services for their use in light of any applicable regulations enacted from time to time by the concerned authorities and also in compliance with the applicable data privacy requirements or other applicable data privacy laws and regulations of the User country. If the You are accessing the service, product or the solution from a country other you're your domicile, You shall be solely responsible for ensuring the compliance with the applicable laws and regulations of the country from where the service / solution / Swyftin product is accessed or used.