User Terms & Agreement

User Terms & Agreement

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder 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 user agreement for access or usage of Swadeshibabu.in.in website.

 

 

Your use of the Swadeshibabu.com website {including www.Swadeshibabu.com including mobile application (hereinafter collectively referred to as the “Website”) and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of Seagles Enterprises India Pvt Ltd. and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours, Indian Standard Time 05th July, 2020 (“User Agreement”). Swadeshibabu.com  is an internet E-commerce based portal operated by Seagles Enterprises India Pvt. Ltd.; a company incorporated under Companies Act, 1956 having its registered office at Seagles Enterprises India Pvt. Ltd., Aawalankar House, Moti Nagar, Near Moti Park, Lane No 3, Amravati, 444606, Maharashtra, India. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, ‘”You”, “Your” shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to “we”, “us”, “our” and “Swadeshibabu.com” shall mean Seagles Enterprises India Pvt. Ltd. (Swadeshibabu.com) and includes its associates, affiliates and subsidiary (ies).

The use of the Website is offered to you conditioned upon Your ‘Acceptance’ of all the terms, conditions and notices contained in this User Agreement. Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by Swadeshibabu.com  at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this User Agreement is being documented concluded electronically. For the aforesaid purposes, ‘Acceptance’ shall mean Your affirmative action by in clicking on the ‘check box’ and on the ‘continue’ button’ as provided on the registration page or clicking on ‘Buy Now’ button while transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at Amravati. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do, you may choose to not click on the “check box ” and/or on the “continue” button and/or “Buy Now” button and not seek to obtain access to or otherwise use the Website.

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

  1. Swadeshibabu.com/policy
  2. Swadeshibabu.com/rules

 

Membership:

  1. Eligibility To Use:

 

  • The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Swadeshibabu.com system by Swadeshibabu.com for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. If You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Swadeshibabu.com and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
  • com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
  • com reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

 

  1. Registration Obligations:

 

  • You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
  • Registered users: Swadeshibabu.com makes certain sections of the Services available to You through the Website only if You have provided Swadeshibabu.com  certain required User information and created an account and a Swadeshibabu.com ID through certain log-in ID and password (“Account”). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (Swadeshibabu.com ID and/or other third party login identification as provided above are individually and collectively referred to the “Account Information”).In the event, If  You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify Swadeshibabu.com of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. Swadeshibabu.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Swadeshibabu.com or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.

    If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Swadeshibabu.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swadeshibabu.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

  • If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with Swadeshibabu.com
  • com may collect certain personal information. Swadeshibabu.com’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Swadeshibabu.com’s privacy policy, which is available at https://www.Swadeshibabu.com/page/privacy-policy (“Privacy Policy”).

 

  1. Fees, Charges and Services:

 

  • Membership on the Website is free. Being an Intermediary under the Information Technology Act, Swadeshibabu.com does not charge any fee for browsing and buying on the Website. However, before You list an item for sale through the Website, we request You to review our Fees and Credit Policy, which is hereby incorporated by reference into this agreement. Swadeshibabu.com reserves the right to change its Service Fee and Credit policies from time to time at its sole discretion including without limitation right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Any modifications to the Fee and Credit policies shall be posted on the Website and such changes shall become effective immediately. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to seagles enterprises India Private Limited within such time as specified in the invoice.
  • Taxes: You are responsible for paying all fees associated with the use of the Website and You agree to bear all and any applicable taxes, charges, accesses etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.
  • Non-payment: Swadeshibabu.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to Swadeshibabu.com.
  • com also reserves the right to take legal action in case of non- payment of fees.
  1. Payment Information:

 

  • Presently, Swadeshibabu.com does not levy any fee for browsing the Website or buying the Products on the Website. Swadeshibabu.com may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. Swadeshibabu.com will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that Swadeshibabu.com may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
  • You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. Swadeshibabu.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
  • You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. Swadeshibabu.com expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
  • com may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Swadeshibabu.com will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Swadeshibabu.com shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by Swadeshibabu.com with its bank from time to time.
  • For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of your bank, applicable financial institution and/or card issuing association may also be applicable to you. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Swadeshibabu.com does not control the same and shall be liable for the same.
  • Payment Facility for Your orders: Swadeshibabu.com may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Swadeshibabu.com’s fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Swadeshibabu.com shall initiate the remittance of the payments made by You for Your purchase orders on the Website. after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Swadeshibabu.com and sellers.

 

  1. Purchasing:

 

  • All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction with the Seller.By purchasing on an item You agree to be bound by the conditions of sale included in the item’s description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the Sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire.com strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Swadeshibabu.com

    Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If You are a registered Buyer on the Website we encourage You to post feedback for the Seller after the transaction is closed.

    In case of purchase of an Artwork which is marked as “non-exportable” on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

  1. Purchaser Protection at Swadeshibabu.in:

 

  • com does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. Merchant guarantees to sell only genuine products to customers through Swadeshibabu.com. All Merchants listing their products on Swadeshibabu.com are required to enter into an agreement to list and sell only genuine products. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the Swadeshibabu.com seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinely and authenticity of the products and/or the Seller, for which the Seller shall be solely responsible and liable.If Swadeshibabu.com gains suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Swadeshibabu.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.Swadeshibabu.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Swadeshibabu.com may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

    Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.

 

  1. Use OF Website:

 

  • Subject to compliance with the Agreement(s), Swadeshibabu.com grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  • You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
  • You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Swadeshibabu.com. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, You may report such content in the manner prescribed under clause 14 herein.
  • The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Swadeshibabu.com using the Website / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Swadeshibabu.com does not endorse any User Content on the Website and is not responsible or liable for any User Content. Swadeshibabu.com reserve the right to disable access to the User Content on the Website.
  • You hereby grant Swadeshibabu.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
  • You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Swadeshibabu.com is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Swadeshibabu.com is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Swadeshibabu.com neither recommends You to buy or sell any Products on the Website nor does Swadeshibabu.com endorses any such Products and nor does Swadeshibabu.com provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Swadeshibabu.com does not guarantee, warranty or provide any assurance on the behavior of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.

 

  • When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    • harms minors in any way;
    • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
    • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Swadeshibabu.com server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
    • probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Swadeshibabu.com including any Swadeshibabu.com Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
    • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Swadeshibabu.com or other third parties;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
    • violate any applicable laws or regulations for the time being in force within or outside India;
    • Violate the terms of the Agreement.

 

  • You agree that You are solely responsible to Swadeshibabu.com and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Swadeshibabu.com or its affiliates or its vendors may suffer) for any such breach.

Swadeshibabu.com does not pre-screen User Content. Swadeshibabu.com has no obligation to monitor any User Content. However, Swadeshibabu.com at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Swadeshibabu.com determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Swadeshibabu.com removes any User Content from the Website, Swadeshibabu.com will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute Swadeshibabu.com’s position as an intermediary or impose any liability on Swadeshibabu.com with respect to User Content.

 

  • You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

 

  • You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

 

  • You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
  • Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, Swadeshibabu.com reserves the right to cancel any orders that classify as ‘Bulk Order’ as determined by Swadeshibabu.com as per certain criteria. Any rewards or benefits provided by Swadeshibabu.com and used by You for placing the ‘Bulk Order’ will not be refunded. An order can be classified as ‘Bulk Order’ if it meets certain criteria adopted by Swadeshibabu.com for the purpose of identifying ‘Bulk Order’, including but not limited to:
    Products ordered for commercial resale and not for self-consumption;
    b. Multiple orders placed for same product at the same address;
    c. Bulk quantity of the same product ordered;
    d. Invalid address given in order details; or
    e. Any malpractice used to place the order.

 

  • There may be certain orders that Swadeshibabu.com is unable to process or pass on buyer’s order to the seller and must cancel. Some situations that may result in Swadeshibabu.com’s inability to process or pass on buyer’s order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.

 

  • In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.

 

  • In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Swadeshibabu.com for the same, Swadeshibabu.com may inform the seller to provide or facilitate the provision of such services to the buyer. Swadeshibabu.com is not and shall not be obliged to provide any such additional services. Swadeshibabu.com’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

 

  • Except as expressly indicated to the contrary in any applicable Additional Service Terms, Swadeshibabu.com hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
  1. You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
  2. You may not modify or alter product catalogues available on the Website;
  3. You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
  4. You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

 

  • The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

 

  • Any software that is available on the Website is the property of Swadeshibabu.com. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Swadeshibabu.com.

 

  • The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Swadeshibabu.com or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Swadeshibabu.com reserves the right to change or modify the Content from time to time at its sole discretion.

 

  • The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Swadeshibabu.com or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Swadeshibabu.com, the vendor/seller or the third party that may own the Marks.

 

  • Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Swadeshibabu.com owns all intellectual property rights to and into the trademark “Swadeshibabu”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

 

  • Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Swadeshibabu or thirty party owner of such Content.

 

  • General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is’ basis. Swadeshibabu.com may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Swadeshibabu.com shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

 

  • In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Swadeshibabu.com makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

 

  1. Fulfillments and Shipping

Swadeshibabu.com from time to time may offer certain fulfillment services to Sellers; however, Sellers remain responsible for the overall shipping quality, delivery, and cost of shipping. Swadeshibabu.com may provide pick-up and delivery services to Sellers but all of these services are provided as contract or outsourced services on behalf of the merchants. At no time, Swadeshibabu.com takes title or ownership of any product or inventory.

 

  1. Disclaimer of Warranty and claims:

 

THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY SWADESHIBABU.COM ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SWADESHIBABU.COM MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWADESHIBABU.COM OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWADESHIBABU.COM WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SWADESHIBABU.COM ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SWADESHIBABU.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SWADESHIBABU.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SWADESHIBABU.COM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. SWADESHIBABU.COM SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, SWADESHIBABU.COM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND SWADESHIBABU.COM’S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SWADESHIBABU.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. SWADESHIBABU.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

  1. Limitation of Liability:

 

In no event shall Swadeshibabu.COM or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).

Swadeshibabu.com’s entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to Swadeshibabu.com under the relevant order to which the cause of action for the liability related. Swadeshibabu.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, Swadeshibabu.com assumes no liability whatsoever for any monetary or other damage suffered by You on account of:

  1. Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;
  2. Any interruption or errors in the operation of the Website.

INDEMITY:

 

You agree to indemnify and hold harmless Swadeshibabu.in and (as applicable) Swadeshibabu.com’s parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys’ fees asserted against or incurred by Swadeshibabu.com, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, Swadeshibabu.com Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.

Swadeshibabu.com may notify You of any claims which You shall be liable to indemnify Swadeshibabu.com against. You will then be required to consult with Swadeshibabu.com regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Swadeshibabu.com without the express prior written consent of Swadeshibabu.com which can be withheld or denied or conditioned by Swadeshibabu.com in its sole discretion.

Dispute Resolution:

Generally, transactions are conducted smoothly on Swadeshibabu.com. However there may be some cases where both the Buyers and Sellers may face issues. At Swadeshibabu.com, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

A ‘Dispute’ can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to resolve the issue amicably between each other. Please note that whenever a Buyer raises a dispute, the Seller’s payment for that order is put on hold immediately until the issue is resolved.

How is a ‘dispute’ resolved?
Whenever there is a disagreement relating to any transaction, the users can write to grievance@Swadeshibabu.com in order to raise a dispute. Once a dispute is raised by either party, Swadeshibabu.com shall try to mediate and the resolve the matter amicably.

Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

Grievance Officer

Mr. PavanAvalankar
Seagles Enterprises India Private Limited
Register Office, Moti Nagar, Near Moti Park Lane No 3.

9970887270
E-mail ID – grievance@Swadeshibabu.in

  1. Intellectual Property Right Violation:

In the event You come across any abuse or violation of these Terms of User Agreement or if You become aware of any objectionable content on the Website, or if You believe Your intellectual property rights have been violated in any manner through the Website, please refer to the Swadeshibabu.in Intellectual Property Violation (SCIPV) available here //www.Swadeshibabu.in/brand-inquiries.html.

  1. Arbitration:

If any dispute arises between You and Swadeshibabu.com during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Swadeshibabu.com. The place of arbitration shall be New Delhi, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.

  1. Feedback and Information:

 

  • Any feedback You provide to this Website shall be deemed to be non-confidential. Swadeshibabu.com 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) Swadeshibabu.com is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Swadeshibabu.com 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 Swadeshibabu.com for the feedback under any circumstances.

 

  • To clarify, Swadeshibabu.com may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Swadeshibabu.com shall not be obliged to do so. Further, in the event that Swadeshibabu.com makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Swadeshibabu.com, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.