Terms of use - Swamonk EduCare

Please read this terms of service agreement carefully. By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.
This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.swamonk.com (the “Website”), Swamonk EduCare (“Business Name”) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Swamonk EduCare reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Swamonk EduCare will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Swamonk EduCare for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. Products

Terms of Offer: This Website offers for sale of certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms outlined in this Agreement.

Customer Solicitation: Unless you notify our third party call centre representatives or direct Swamonk EduCare sales representatives, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails, SMS and call solicitations. Swamonk EduCare and it’s designated in house or third party call team(s).

Opt-Out Procedure:

We provide 2 easy ways to opt-out from future solicitations.

You may use the opt-out link found in any email solicitation that you may receive.
You may also choose to opt-out, via sending your email address to care@swamonk.com.

Proprietary Rights: Swamonk EduCare has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Swamonk EduCare. Swamonk EduCare also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.

Sales Tax: If you purchase any Products, you will be responsible for paying any applicable sales tax in the form of Goods and Services Tax (GST) or any other tax applicable/notified thereon.

II. Website Content; Intellectual Property; Third-Party Links:

In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about educational content. Swamonk EduCare does not always create the information offered on this Website; instead, the information is often gathered from other people and sources. To the extent that Swamonk EduCare does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Swamonk EduCare does not endorse the contents on any such third-party websites. Swamonk EduCare is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website; Swamonk EduCare is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will:

(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),

(2) not interfere with or disrupt the use and enjoyment of the Website by other users,

(3) not resell material on the Website,

(4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

(5) not defame, harass, abuse, or disrupt other users of the Website

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Swamonk EduCare or the applicable third party (if third party content is at issue).

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Swamonk EduCare a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Swamonk EduCare cannot control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Swamonk EduCare is not liable for any damage or harm resulting from any posts by or interactions between users. Swamonk EduCare reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Swamonk EduCare deems objectionable, is Swamonk EduCare’s sole discretion.

III. Disclaimer of Warranties:

Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. Swamonk EduCare expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement concerning the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.) Without limiting the generality of the foregoing, Swamonk EduCare makes no warranty:

That the information provided on this website is accurate, reliable, complete, or timely.

That the links to third-party websites are to information that is accurate, reliable, complete, or timely.

No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.

As to the results that may be obtained from the use of the products or that defects in products will be corrected. Regarding any products purchased or obtained through the website.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

IV. Limitation of Liability

Swamonk EduCare entire liability, and your exclusive remedy, in law, in equity, or otherwise, concerning the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

Swamonk EduCare will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from:

(1) the use or the inability to use the website content or products;

(2) the cost of procuring substitute products or content;

(3) any products purchased or obtained or transactions entered into through the website; or

(4) any lost profits you allege.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

V. Indemnification

You will release, indemnify, defend and hold harmless Swamonk EduCare, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of:

(1) this Agreement or the breach of your warranties, representations, and obligations under this Agreement;

(2) the Website content or your use of the Website content;

(3) the Products or your use of the Products (including Trial Products);

(4) any intellectual property or other proprietary rights of any person or entity;

(5) your violation of any provision of this Agreement; or

(6) any information or data you supplied to Swamonk EduCare. When Swamonk EduCare is threatened with suit or sued by a third party, Swamonk EduCare may seek written assurances from you concerning your promise to indemnify Swamonk; your failure to provide such assurances may be considered by Swamonk EduCare to be a material breach of this Agreement. Swamonk EduCare will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Swamonk EduCare choice at its expense. Swamonk EduCare will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Swamonk EduCare against any claim, but you must receive Swamonk EduCare prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

VI. Privacy

Swamonk EduCare believes strongly in protecting user privacy and providing you with notice of the use of data. Please refer to Swamonk EduCare privacy policy, incorporated by reference herein, that is posted on the Website.

VII. Agreement to be Bound

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. Cancellation, Refund and Return Policy

Cancellation and Return Policy: None of the products/services available for sale on this website comes up with a cancellation policy.

Refund Policy: None of the products sold at the Swamonk EduCare comes up with a refund facility. Hence no refund shall be granted in any of the cases. Users are requested to explore products’ descriptions in detail before buying them.

IX. Exams Results

At Swamonk EduCare, we do not take any sort of guarantee relating to our user’s exam performance or results. Our services are restricted to help our user’s with their study and the amount received from them.

X. General

Swamonk EduCare will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, service provider/labour strike, lockout, or boycott.

Cessation of Operation: Swamonk EduCare may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement: This Agreement comprises the entire agreement between you and Swamonk EduCare and supersedes any prior agreements about the subject matter contained herein.

Effect of Waiver: The failure of Swamonk EduCare to exercise or enforce any right or provision of this Agreement will 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 endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law; Jurisdiction: This Website originates from the Faridabad, Haryana, India. This Agreement will be governed by the laws of the State of India without regard to its conflict of law principles to the contrary. Neither you nor Swamonk EduCare will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or because of this Agreement, other than in courts located in District Faridabad, State of Haryana, India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or because of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination: Swamonk EduCare reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Swamonk EduCare may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Swamonk EduCare reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Swamonk EduCare chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use: Swamonk EduCare makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. Swamonk EduCare may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

By using this website or ordering products from this website you agree to be bound by all of the terms and conditions of this agreement.

User Agreement

These Terms & Conditions (“Terms”) of (a) use of our website swamonk.com (“Website”), our applications (“Application”) or any products or services or courses in connection with the Application/, Website/products (“Services”) or (b) any other modes of registrations or usage of digital or other products, including through SD cards, tablets or other storage/transmitting device are between Swamonk EduCare (“We/Us/Our”) and its users (“User/You/Your”).

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

Please read the Terms and the privacy policy of our website (“Privacy Policy”) with respect to registration with us, the use of the Website, Application, Services and products carefully before using the Application, Website, Services or products. In the event of any discrepancy between the Terms and any other policies with respect to the Website or Application or Services or products, the provisions of the Terms shall prevail.

Except as mentioned below, services marks, all information, content, material, trademarks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Application, Website, Services, and products are the proprietary property of us (“Proprietary Information”). We have also given the appropriate acknowledgements to the original creators/owners in case any of the information pertains to her/him/them. However, in case we have missed giving any of the due credit then please let us know at care@swamonk.com We will definitely update the same. No Proprietary Information may be copied, downloaded, uploaded, posted, transmitted, reproduced, modified, republished, or distributed in any way without obtaining prior written permission from us and nothing on this Application or Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to us, to the User. You may own the medium on which the information, content, or materials resides, but we shall at all times retain full and complete title to the information, content, or materials and all intellectual property rights inserted by us on such medium. Certain contents on the Website may belong to third parties. Such contents have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such a third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks, and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.

You may not decompile, reverse engineer, or disassemble the contents of the Application and / or our Website and/or Services/ products or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Application and / or our Website and/or Services/products, or remove any copyright, trademark registration, or other proprietary notices from the contents of the Application and / or and / or our Website and/or Services/products.

You will not (a) use this Application and / or our Website and/or any of our product/s or Service/s for commercial purposes of any kind, or (b) advertise or sell the Application or any products, services or domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Application and / or Website/our products and Services in any way that is unlawful, or harms us or any other person or entity as determined by the us.

No User shall be permitted to perform any of the following prohibited activities while availing our Services:

Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

Stalking, intimidating and/or harassing another and/or inciting other to commit violence;

Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

Interfering with any other person’s use or enjoyment of the Application/Website/Services;

Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content;

Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Application/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

Access or use the Application/Website/Services/products in any manner that could damage, disable, overburden or impair any of the Application’s/Website’s servers or the networks connected to any of the servers on which the Application/Website is hosted;

Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Application/Website/Services/products, violate any requirements, procedures, policies or regulations of networks connected to the Application/Website/Services/products, or engage in any activity prohibited by these Terms;

Disrupt or interfere with the security of, or otherwise cause harm to, the Application/Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Application/Website/Services/products or any affiliated or linked sites;

Interfere with, or inhibit any user from using and enjoying access to the Application/Website/ Services/products, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Application/Website/Services/products;

Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Application/Website/Services/products, to access, acquire, copy or monitor any portion of the Application /Website/Services/products, or in any way reproduce or circumvent the navigational structure or presentation of the Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Application/ Website/Services/products;

Alter or modify any part of the Services;

Use the Services for purposes that are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or

Violate any of the terms specified under the Terms for the use of the Application/Website/Services/products.

By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak, and repurpose your Material in accordance with these Terms. If you delete your user account, your Material and name may remain available through the Services

In the preparation of the Application/Website/Services/products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors and accuracy of the information that may be contained in the Application. Any feedback from User is most welcome to make the Application and contents thereof error-free and user friendly. We also reserve the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither us nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Our Website provides Users with access to compiled educational information and related sources. Such information is provided on an as-it-is basis and We assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without our prior written consent.

The contents of the Application/Services/products are developed on the concepts covered in the structured curriculum syllabus prescribed for students of various courses. The usage of the Application/Services/products is not endorsed as a substitution to the curriculum-based education provided by the educational institutions but is intended to supplement the same by explaining and presenting the concepts in a manner enabling easy understanding. The basic definitions and formulae of the subject matter would remain the same. We acknowledge that there are various means of delivering structured curriculum pedagogy and inclusion of methods in the Application/Services/products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services/Website/products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations.

Certain contents in the Application/Services/Website/products (in particular relating to assistance in preparations for administrative services) may contain opinions and views. We shall not be responsible for such opinions or any claims resulting from them. Further, we make no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.

Some parts of the Services are interactive, and we encourage contributions by users, which may or may not be subject to editorial control prior to being posted. We accept no responsibility or liability for any material communicated by third parties in this way. We reserve the right at its sole discretion to remove, review, edit, or delete any content. Similarly, we will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.

We may, based on any form of access to the Application (including free download/trials) or Services or Website or registrations through any source whatsoever, contact the User through SMS, email, Whatsapp and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact her/him through telephone, SMS, e-mail, Whatsapp and holds the us indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates, and partners so that you may be contacted for education information and promotions through telephone, SMS, email, Whatsapp, etc.

While we may, based on the User’s confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that we has afforded the User the opportunity for full and complete investigations, examinations and inspections.

Upon registration through any means whatsoever, we may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services. The User expressly permits us to contact her/him and the student utilizing the Services, through the above-mentioned means at any time post-registration. .-. Further, we shall have the right to monitor the download and usage of the Application/Services/products and the contents thereof by the User/student, to analyze such usage and discuss the same with the User/student to enable effective and efficient usage of the Services. The User expressly permits us to clear the doubts of the student using the Application/Services/online portal by answering the questions placed before it, providing study plans, informing of the progress, providing feedback, communicating with the student and mentoring the student through telephone or e-mail on express consent of the legal guardian/parent of the User or through any other forum.

While we have made efforts to train the personnel engaged in the sales and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behavior of any such personnel. Any feedback from User relating to the same is most welcome and we reserve the right and discretion to take any action in this regard.

Access to certain elements of the Services including doubt clearance, mentoring services etc. may be subject to separate terms, conditions, and fair usage policy. We reserve the right to determine the criteria for the provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Application/products or registrations do not automatically entitle the User to any and all elements of Services provided by the us and we shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Services. We reserve the right to extend, cancel, discontinue, prematurely withdraw, or modify any of Our Services at Our discretion.

We may conduct competitions from time to time and you agree to allow us to use the submissions by you including but not limited to videos, written content, craftwork etc. for promotional purposes. All rights will be reserved by us for the usage of such submissions by you. You additionally permit us to use every kind of information submitted by you like photos, videos etc. for promotional campaigns as it so pleases and you will cease to have any rights on the same once your submissions are made to us.

Our products and / or Services, including the Application and content, are compatible only with certain devices/tablets/instruments/hardware. We shall not be obligated to provide workable products and / or services for any instruments that are not recognized by us or those instruments that may be purchased from any third party which are not compatible with our products and Services. We reserve the right to upgrade the table/ type of compatible devices as required from time to time.

We shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services.

You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, you need to specify the same to us in writing well in advance to the shipping date. Any inconsistencies in name or address will result in non-delivery of the product(s).

(a) For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by us. However, for return any of the product(s) for any other reasons, it shall be the responsibility of the User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User. (b)We request you not to accept any product package that seems to be tampered with, opened, or damaged at the time of delivery. The products must be returned in the same condition as delivered by us. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c)All requests for the return of products have to be placed within 15 (fifteen) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 15 (fifteen) days from the date of delivery.

You acknowledge that we are not a manufacturer of the instrument/medium/hardware and hence, any defect relating to the same shall be reported to the manufacturer whose details shall be specified on the packaging and we shall not be in any manner responsible for the same. We do not provide any guarantee or warranty relating to the instrument/medium/hardware

In order to encourage Customer Retention and Loyalty, we encourage our Customers, Partners and other stakeholders to refer customers to buy our Products & Services. We at our option can pay referral bonus subject to applicable laws. Since this is an optional selective policy of us, our decision shall be final and the same cannot be either disputed or challenged. It should be noted with abundant caution that no Customer, Partner, or other stakeholders shall do business with us in anticipation of such Bonus. We shall not be held responsible if some Customer has done business with the objective of getting referral bonus as Bonus paid by us is purely dependent on its own discretion based on internal parameters and various demographic and economic factors. The following may be noted:

It is Your sole responsibility to ensure that the account information provided by You is accurate, complete, and latest.

You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify us of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to us, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.

You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and we cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, we shall not be liable to You for any damages arising from Your inability to log in to Your account and access the services of the Application at any time.

Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Application/Website/Services, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. We will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the data provided by You is accurate and complete and that student using the Application has obtained the consent of parent/legal guardian (in case of minors). We reserve the right to terminate Your subscription and / or refuse to provide You with access to the products or services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that we do not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any information about themselves or their parents and other family members on the Application.

You agree to defend, indemnify and hold harmless we, our officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) Your use of and access of the Application/Website/Services; (ii) Your violation of any term of these Terms or any other our policy; (iii) Your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services has caused damage to a third party. This defense and indemnification obligation will survive these Terms.

In no event we, our officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, Your use of, or access to, the Application.

In the event of Your breach of these Terms, you agree that we will be irreparably harmed and may not have an adequate remedy in money or damages. We therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction. Our right to obtain such relief shall not limit its right to obtain other remedies.

Any violation by You of the terms of this Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that we can avail. In such instances, we may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Faridabad and You hereby accede to and accept the jurisdiction of such courts.

We have the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, or functionality of the Application or the Services as it deems fit at any time without notice. Further, we have the right to amend these Terms from time to time without prior notice to you. We make no commitment, express, or implied, to maintain or continue any aspect of the Application. You agree that we shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application/Services. All prices are subject to change without notice.

Disclaimer: This website, the application and the services are provided on an “as is” basis with all faults and without any warranty of any kind. We hereby disclaim all warranties and conditions with regard to the website, application/products, and the services, including without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, accuracy, timeliness. Performance, completeness, suitability, and non-infringement. Additionally, we shall not be liable for any damages arising out of or in connection with the use or performance of this site, or the application or the services. Your use of any information or materials on this website/application/services/products is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that services provided by us meet your specific requirements.

General Provisions:

Notice: All notices served by us shall be provided via email to Your account or as a general notification on the Application. Any notice to be provided to us should be sent to care@swamonk.com

Entire Agreement: The Terms, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between us and You with respect to Your access to or use of the Application, Website and the Services thereof.

Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. Our rights under the Terms are freely transferable by us to any third parties without the requirement of seeking Your consent.

Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

Waiver: Any failure by us to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by us of that provision or right.

Relationship: You acknowledge that Your participation in the Application, does not make You an employee or agency or partnership or joint venture or franchise of us.

We provide these Terms so that You are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, we have given You a reasonable opportunity to review these Terms and that You have agreed to them.

Feedback:

Any feedback You provide with respect to the Application shall be deemed to be non-confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) We are not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application may have something similar to the Feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from us for the feedback under any circumstances unless specified.

Under no circumstances we shall be held responsible in any manner for any content provided by other users even such content is offensive, hurtful, or offensive. Please exercise caution while accessing the Application.

Customer Care:

We make all the best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at care@swamonk.com