Terms of Service

OVERVIEW

This website is operated by SWAIKA. Throughout the site, the terms “we”, “us” and “our” refer to  SWAIKA. SWAIKA offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our Service”and are bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Before using or accessing our website, please take the time to carefully read these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It becomes your responsibility to check this page for forthcoming changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on woo commerce + word press  They provide us with an online e-commerce platform that allows us to sell our products and services to you.

OUR ONLINE STORE TERMS & CONDITION

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

OUR PUBLIC CONDITIONS

We reserve the right to refuse service to anyone with given reason and time at any given point.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

OUR INFORMATION'S CLARIFICATION, INTEGRITY, AND TIMELY DELIVERY

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain Libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Periodically, material on our website or in the Service may contain clerical or other errors, inaccuracies, or omissions that may pertain to product descriptions, costs, special offers, promotions, transit times, and availability. Without prior notice, we retain the right to change or update information, cancel orders, and/or correct any mistakes, inaccuracies, or omissions in any part of the Service or on any connected website (including after you have submitted your order).

Unless as required by law, we make no commitment to update, modify, or clarify any information in the Service or on any associated website, including without limitation pricing information. It should not be assumed that all of the information in the Service or on any connected website has been updated or amended because there is no explicit update or refresh date applied.

PROHIBITED USES

You are not permitted to use the website or its material in any way, in addition to other restrictions outlined in the Terms of Service: To violate any international, national, provincial, or state laws, rules, regulations, or local ordinances; (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c); to infringe upon or violate our or others' intellectual property rights; (d); to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, or race; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no promises or warranties on the continuity, timeliness, security, or error-free operation of our service.

We do not guarantee the accuracy or dependability of any outcomes that may be attained through the use of the service.

You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it altogether.

You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. Except where expressly stated by us, the service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, free from any express or implied representation, warranty, or condition, including without limitation any implied warranty or condition of merchantability, merchantable quality, fitness for a particular purpose, durability, title, or non-infringement.

In no case shall Swaika, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You consent to hold Swaika, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable legal fees, made by a third party due to or arising out of your violation of any provision of these terms of service or the documents they incorporate by reference, or your infringement of any proprietary right.

SEVERABILITY

The portion of any term of these Terms of Service that is not enforceable shall be regarded as severed from such provision, and the other sections shall be legal and enforceable to the fullest extent permitted by applicable law. The validity and enforceability of the remaining terms of these Terms of Service shall not be affected in the event that any provision is deemed to be invalid, void, or illegal.

TERMINATION

Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.

All prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us are superseded by these Terms of Service and any policies or operating guidelines posted by us on this website or in relation to the Service, which govern your use of the Service (including, but not limited to, any prior versions of the Terms of Service).

Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.

ENTIRE AGREEMENT

Any right or provision of these Terms of Service that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions.

All prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us are superseded by these Terms of Service and any policies or operating guidelines posted by us on this website or in relation to the Service, which govern your use of the Service (including, but not limited to, any prior versions of the Terms of Service).

Any discrepancies in how these Terms of Service should be read should not be used against the party who drafted them.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Rajkot, Gujarat.

CHANGES TO TERMS OF SERVICE

On this page, you can always review the most recent version of the terms of service.

By publishing updates and changes to our website, we reserve the right to amend, modify, or replace any portion of these Terms of Service. It is your duty to often check our website for updates. Any modifications to these Terms of Service that are posted after you first use our website or use the Service indicate your acceptance of those modifications.