Legal
Terms & Conditions for Use of Swadesh
These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing the Swadesh Platform or availing any Service. By using the Swadesh Platform or availing any Service, you signify your agreement to be bound by these Terms of Use.
1.
Use of Swadesh
You agree and acknowledge that Swadesh is an online platform that enables you to purchase the products listed on the Swadesh Platform at the indicated price at any time from the serviceable locations within the territory of India. The contract of sale of products on the website shall be a strictly bipartite contract between you and Reliance.
2.
Eligibility
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 (eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Swadesh Platform. If you are a minor i.e. under the age of 18 (eighteen) years, you may use Swadesh Platform only with the involvement of a parent or guardian.
3.
Registration & Operation of Your Account
3.1.
In order to use the Swadesh Platform and avail its Services, you will have to register on the Swadesh Platform. Registration is a one-time process and is free of cost. You may register providing relevant information, such as your mobile number and such other details relevant for creating an account. Your login ID and password will be created based on the information provided by you, which you can use to access your Swadesh Platform account at any time.
Your credentials shared by you at the time of registration and your Swadesh Platform login ID and password are referred to as “Account Information”.
Your credentials shared by you at the time of registration and your Swadesh Platform login ID and password are referred to as “Account Information”.
3.2.
You are solely authorised to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorised access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the ‘My Account’ area of the Swadesh Platform.
3.3.
You will: (a) immediately inform Reliance of any unauthorised use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. Reliance will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to Reliance or any other user due to unauthorised use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to Swadesh, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on Swadesh, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms of Use, Privacy Policies or any other applicable policy; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct; or (e) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policy; or (f) directly or indirectly threaten to or cause harm to the brand image of Swadesh on a public forum (including but not limited to social media, print or electronic media); or (g) causing harassment to Swadesh and/or its employees/or its agents.
4.
Communication & Unsubscription
4.1.
You understand that once you have shared your Account Information and successfully registered on the Swadesh Platform, you may receive SMS or email notifications from Reliance relating to your registration and transactions on the Swadesh Platform.
4.2.
You may also receive such notifications regarding any marketing/promotional activities that may be available on Swadesh Platform from time to time. By sharing your Account Information and registering on the Swadesh Platform and/or verifying your contact number with us, you explicitly consent to receive marketing/promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorised representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
4.3.
Reliance may also send notifications and reminders with respect to the Services on the Swadesh Platform. While Reliance endeavours to provide these notifications and reminders to you promptly, Reliance does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
4.4.
You can unsubscribe/opt out from receiving marketing/promotional communications, newsletters and other notifications from Reliance at any time by following the instructions set out in such communications.
5.
Licence & Access to Platform
5.1.
Your use of the Swadesh Platform, its Services, and access to Swadesh Content (as defined below) is subject to a limited, revocable and non-exclusive licence which is granted to you when you register on the Swadesh Platform. You will use Swadesh solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with the
Return and Refund Policy, for your personal use only and not for business purposes.
5.2.
The licence granted to you does not include a licence for: (a) resale of Products or commercial use of Swadesh or Swadesh Content, (b) any collection and use of product listings, description, or prices, (c) any use of Swadesh, its Services and/or of Swadesh Content other than as contemplated in these Terms of Use, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Swadesh, (e) creating and/or publishing your own database that features parts of Swadesh.
5.3.
You grant to Reliance a royalty-free, perpetual, irrevocable, non-exclusive right and licence to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Swadesh Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on Swadesh. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Reliance, including the execution of deeds and documents, at its request.
Please note that Reliance at all times reserves the right to refuse your access to the Swadesh Platform, terminate/deactivate your account, remove or edit content on the Swadesh Platform, at its discretion.
Please note that Reliance at all times reserves the right to refuse your access to the Swadesh Platform, terminate/deactivate your account, remove or edit content on the Swadesh Platform, at its discretion.
6.
Personal Information Privacy
6.1.
During the course of your registration on and usage of Swadesh or availing its Services, Reliance may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
6.2.
Reliance respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, Reliance has formulated the Privacy Policy which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object to the terms of our Privacy Policy, please do not use or access the Swadesh Platform or avail the Services. For more information, please refer to the Privacy Policy.
7.
Content on Platform
7.1.
All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Swadesh Platform or any of the other Services are the property of Reliance or its affiliates (“Swadesh Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Swadesh whether or not displayed on the Swadesh Platform, are proprietary to Reliance.
7.2.
Reliance may display on the Swadesh Platform any third party logos, trade names, trademarks of other brands, as per the licence granted to Reliance by such brands.
7.3.
No information, content or material from Swadesh (including Swadesh Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Reliance’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Reliance and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising Reliance’s or its affiliates’ names or trademarks without the express written consent of Reliance and/or its affiliates, as applicable. Any unauthorised use terminates the permissions granted in these Terms of Use.
8.
Disclaimers
8.1.
Reliance will try to make access to and use of the Swadesh Platform error-free and without interruptions. However, your access to the Swadesh Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on the Swadesh Platform. Reliance does not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2.
The Swadesh Platform may contain user generated content which Reliance does not pre-screen and which contains views that may be opinions of users/ experts. Reliance will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). Reliance does not promise that the user generated content on the Swadesh Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
8.3.
To help you in identifying the products of your choice, descriptions of the products are provided on the Swadesh Platform through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/colour of the products when delivered may differ for various reasons.
8.4.
TThe Services included on the Swadesh Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. Reliance does not covenant or provide any representations and warranties:
8.4.1.
in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including product or pricing information and/or specifications) on the Swadesh Platform;
8.4.2.
that the Services will be made available at all times;
8.4.3.
that the operation of the Swadesh Platform, including the functions contained in any content, information and materials on the Swadesh Platform or any third party sites or services linked to the Swadesh Platform will be uninterrupted, or that the defects will be rectified, or that the Swadesh Platform or the servers that make such content, information and materials available are free of viruses or other harmful components; and
8.4.4.
that the Swadesh Content available on the Swadesh Platform is complete, true, accurate or non-misleading.
8.5.
Parties other than Reliance and its affiliates may operate stores, provide services, or list or sell product lines on the Swadesh Platform. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. Reliance does not assume any responsibility or liability for the actions, products, and content of any of these and any other third parties. The information displayed on the Swadesh Platform is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
8.6.
To the extent permitted by applicable law, Reliance disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Swadesh Platform.
8.7.
Reliance is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
9.
User Warranties & Restrictions
9.1.
You represent and warrant that: (a) your use of the Swadesh Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Reliance in connection with the Swadesh Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Swadesh policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Reliance will have the right to reject registration, cancel all orders, and restrict you from using Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify Reliance and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9.2.
You will use the Swadesh Platform for lawful purposes only, and will not undertake any activity that is harmful to Swadesh or its content or otherwise not envisaged through the Swadesh Platform. You have a limited licence to access and use the Swadesh Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
9.3.
The use of the Swadesh Platform by you is restricted to personal use only, and you will not use any portion of the Swadesh Platform (including the contents on the Platform) or Services for any resale or commercial purpose.
9.4.
You will not do any of the following:
9.4.1.
Delete or modify any content on the Swadesh Platform, such as any information regarding the Services, their performance, sales or pricing;
9.4.2.
Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Swadesh Platform;
9.4.3.
Make false or malicious statements against our Services, Swadesh or Reliance;
9.4.4.
Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Swadesh Platform and/or its Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Swadesh Platform and/or our Services;
9.4.5.
Introduce any trojans, viruses, any other malicious software, any bots or scrape the Swadesh Platform for any information;
9.4.6.
Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
9.4.7.
Hack into or introduce malicious software of any kind onto the Swadesh Platform;
9.4.8.
Gain unauthorised access to, or interfere with, or damage, or disrupt the server on which the details connected to our Services are stored, or any other server, computer, or database connected to our Services; or
9.4.9.
Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
9.5.
You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Swadesh Platform, any information that:
9.5.1.
belongs to another person and to which You do not have any right;
9.5.2.
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
9.5.3.
harms minors in any way;
9.5.4.
infringes any patent, trademark, copyright or other proprietary rights;
9.5.5.
violates any law for the time being in force;
9.5.6.
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.5.7.
impersonates or defames another person; or
9.5.8.
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10.
Indemnification & Limitation of Liability
10.1.
You agree to indemnify, defend and hold harmless Reliance, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Swadesh Platform or our Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Reliance or any third party. Reliance will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Reliance with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
10.2.
To the fullest extent permitted by law, in no event shall Reliance or any of its directors, officers, employees, agents or content or service providers (collectively, the “Reliance Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Swadesh Platform or the content, materials and functions related thereto, our Services, provision of information via Swadesh, lost business, even if such Reliance Representatives have been advised of the possibility of such damages.
10.3.
In no event shall Reliance Representatives be liable for:
10.3.1.
the use or inability to use the Swadesh Platform and/or the Services;
10.3.2.
any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Swadesh Platform;
10.3.3.
any unauthorised access to or alteration of your transmissions of sensitive personal information or other user data; or
10.3.4.
any other matter relating to the Swadesh Platform or our Services.
10.4.
Reliance is neither liable nor responsible for any actions or inactions of the other users of the Swadesh Platform or any breach of conditions, representations or warranties by them. Reliance is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Swadesh Platform.
10.5.
None of the directors, officials or employees of Reliance shall be personally liable for any action in connection with Swadesh or the Services.
11.
Access Outside the Republic of India
11.1.
Reliance makes no representation that the content on the Swadesh Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Swadesh Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorised or to any person to whom it is unlawful to promote or solicit.
12.
Term & Termination
12.1.
These Terms of Use shall be effective from the date of their publication on Swadesh and your acceptance of the Terms of Use by clicking on ‘I Accept’.
12.2.
Reliance reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if Reliance is unable to verify or authenticate any information submitted by you.
12.3.
You may terminate these Terms of Use at any time, provided that you discontinue any further use of Swadesh or its Services. However, any such termination shall not cancel your obligation to pay for a product purchased on Swadesh, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
13.
Force Majeure
13.1.
Reliance will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Reliance’s reasonable control.
14.
Waiver
14.1.
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Reliance. Any consent by Reliance to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.
Severability
15.1.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
16.
Grievance Redressal
16.1.
You may submit any grievance with respect to Swadesh or our Services, including with respect to any abuse on Swadesh including any discrepancies or grievances with respect to access or usage of Swadesh in violation of these Terms of Use by any person, to the Grievance Officer at:
Name: Arush Mahajan
Email: [email protected]
Name: Arush Mahajan
Email: [email protected]
17.
Governing Law & Dispute Resolution
17.1.
These Terms of Use, all transactions consummated between Reliance and you, and the relationship between Reliance and you are governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
18.
Amendment
18.1.
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Swadesh. Your relationship with Swadesh will be governed by the most current version of these Terms of Use, as published on Swadesh.
19.
Miscellaneous
19.1.
In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in our Services. You agree that Reliance will not be liable for any transaction between itself and any such third parties.
19.2.
These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Reliance, for the use of Swadesh, and the rights and liabilities with respect to any Services to be provided by Reliance shall be limited to the scope of these Terms of Use.
20.
Nodal officer
21.
PAN CARD VERIFICATION
21.1.
For purchases above INR 2,00,000, it is mandatory to provide Your PAN card number at the time of placing the order.
21.2.
For orders exceeding INR 2,00,000, You will be required to enter the PAN card number and verify it. The order will proceed to the payment page only upon successful PAN card verification. The name on the billing details shall match the PAN card details provided, otherwise, the PAN card verification will fail, and You will not be able to continue with the order.