TERMS & CONDITIONS

Welcome to Swatejamart!

The portal www.swatejamart.com and its corresponding mobile application (collectively, “Swatejamart”), is managed and operated by adani Foundation (“adani Foundation”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses Swatejamart in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Swatejamart (“Service”) will be subject to these terms and conditions for use of Swatejamart (“Terms of Use”), as updated from time to time and 2such terms, guidelines and conditions as may be applicable to such Service (“Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.
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 Swatejamart or availing any Service. By using the Swatejamart or availing any Service, you signify your agreement to be bound by these Terms of Use.

1. USE OF SWATEJAMART

You agree and acknowledge that Swatejamart is an online platform that enables you to purchase the products listed on Swatejamart at the indicated price at any time from the serviceable locations. Except where we are the seller of the relevant product on Swatejamart, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on Swatejamart. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Swatejamart.

2. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access Swatejamart. If you are a minor i.e. under the age of 18 years, you may use Swatejamart only with the involvement of a parent or guardian.

3. REGISTRATION AND OPERATION OF YOUR ACCOUNT

3.1. In order to use Swatejamart and avail the Services, you will have to register on Swatejamart. Registration is a one-time process and is free of cost. You may register in one of the following ways:
3.1.1. By creating a Swatejamart account: You can register by providing relevant information, such as your name, gender, and such other details relevant for creating an account. Your login ID and password will be created basis the information provided by you, which you can use to access your Swatejamart account at any time.
3.1.2. By using a third-party account: You may use the login credentials from any third-party accounts maintained by you, as identified (for example, Google or Facebook). If you use such a third party account, you will also be subject to specific terms and conditions applicable to such account, as may be imposed by the relevant third-party.
Your credentials shared by you at the time of registration and your Swatejamart login ID and password are referred to as “Account Information”.
3.2. You are solely authorized 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 unauthorized 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 ‘Your Account’ area of the website.
3.3. You will: (a) immediately inform adani Foundation of any unauthorized 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. adani Foundation 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 adani Foundation or any other user due to unauthorized 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 Swatejamart, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on Swatejamart, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms and Conditions, 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 Swatejamart on a public forum (including but not limited to social media, print or electronic media); or (g) causing harassment to Swatejamart and / or its employees / or its agents.

4. COMMUNICATION AND UNSUBSCRIPTION

4.1. You understand that once you have shared your Account Information and successfully registered on Swatejamart, you may receive SMS or email notifications from adani Foundation relating to your registration and transactions on Swatejamart.
4.2. You may also receive such notifications regarding any marketing / promotional activities that may be available on Swatejamart from time to time. By sharing your Account Information and registering on Swatejamart 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 authorized 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. adani Foundation may also send notifications and reminders with respect to the Services on Swatejamart. While adani Foundation endeavors to provide these notifications and reminders to you promptly, adani Foundation 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 adani Foundation at any time by following the instructions set out in such communications.

5. LICENSE AND ACCESS TO PLATFORM

5.1. Your use of Swatejamart, the Services, and access to the Swatejamart Content (as defined below) is subject to a limited, revocable and non-exclusive license which is granted to you when you register on Swatejamart. You will use Swatejamart solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, , for your personal use only and not for business purposes.
5.2. The license granted to you does not include a license for: (a) resale of Products or commercial use of Swatejamart or Swatejamart Content, (b) any collection and use of product listings, description, or prices, (c) any use of Swatejamart, the Services and/or of Swatejamart 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 Swatejamart, (e) creating and/ or publishing your own database that features parts of Swatejamart.
5.3. You grant a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on Swatejamart 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 Swatejamart. You agree to perform all further acts necessary to perfect any of the above rights granted by you to adani Foundation, including the execution of deeds and documents, at its request.
Please note that adani Foundation at all times reserves the right to refuse your access to Swatejamart, terminate/deactivate your account, remove or edit content on Swatejamart, at its discretion.

6. PERSONAL INFORMATION PRIVACY

6.1. During the course of your registration on and usage of Swatejamart or availing the Services, adani Foundation 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. adani Foundation respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, adani Foundation 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 Swatejamart 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 Swatejamart or any of the other Services are the property of adani Foundation or its affiliates (“Swatejamart Content”), and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Swatejamart whether or not displayed on Swatejamart, are proprietary to adani Foundation.
7.2. adani Foundation may display on Swatejamart any third-party logos, trade names, trademarks of other brands, as per the license granted to adani Foundation by such brands.
7.3. No information, content or material from Swatejamart (including the Swatejamart 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 adani Foundation 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 adani Foundation and its affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing adani Foundation or its affiliates’ names or trademarks without the express written consent of adani Foundation and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

8. DISCLAIMERS

8.1. adani Foundation will try to make access to and use of Swatejamart error-free and without interruptions. However, your access to Swatejamart may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on Swatejamart. adani Foundation does not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2. All information in relation to third parties, including sellers and the products listed by them on Swatejamart (''Third Party Information”) are provided only for reference. adani Foundation, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
8.3. Swatejamart may contain user generated content which adani Foundation does not pre-screen and which contains views that may be opinions of users/ experts. adani Foundation 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). adani Foundation does not promise that the user generated content on Swatejamart 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.
8.4. To help you in identifying the products of your choice, descriptions of the products are provided on Swatejamart by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/color of the products when delivered may differ for various reasons.
8.5. The Services included on Swatejamart are provided on an “as is'' and “as available'' basis without any representations or warranties, express or implied, except as otherwise specified in writing. adani Foundation does not covenant or provide any representations and warranties:
8.5.1. 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 Swatejamart;
8.5.2. That the Services will be made available at all times;
8.5.3. that the operation of Swatejamart, including the functions contained in any content, information and materials on Swatejamart or any third-party sites or services linked to Swatejamart will be uninterrupted, or that the defects will be rectified, or that Swatejamart or the servers that make such content, information and materials available are free of viruses or other harmful components; and
8.5.4. That the Swatejamart Content available on Swatejamart is complete, true, accurate or non-misleading.
8.6. Parties other than adani Foundation and its affiliates may operate stores, provide services, or list or sell product lines on Swatejamart. 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. adani Foundation 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 Swatejamart 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.
8.7. To the extent permitted by applicable law, adani Foundation 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 Swatejamart.
8.8. adani Foundation 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 AND RESTRICTIONS

9.1. You represent and warrant that: (a) your use of Swatejamart and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to adani Foundation in connection with Swatejamart and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Swatejamart 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, adani Foundation will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify adani Foundation 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 Swatejamart for lawful purposes only, and will not undertake any activity that is harmful to Swatejamart or its content or otherwise not envisaged through Swatejamart. You have a limited license to access and use Swatejamart, solely for the purpose of availing the Services, subject to these Terms of Use.
9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of Swatejamart (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 Swatejamart, 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 Swatejamart;
9.4.3. Make false or malicious statements against the Services, Swatejamart or adani Foundation;
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 Swatejamart and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Swatejamart and/or the Services;
9.4.5. Introduce any Trojans, viruses, any other malicious software, and any bots or scrape Swatejamart 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 Swatejamart;
9.4.8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the 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 Swatejamart, 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 AND LIMITATION OF LIABILITY

10.1. You agree to indemnify, defend and hold harmless adani Foundation, 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 Swatejamart or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of adani Foundation or any third-party. adani Foundation will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide adani Foundation 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 adani Foundation or any of its directors, officers, employees, agents or content or service providers (collectively, the “adani Foundation 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, Swatejamart or the content, materials and functions related thereto, the Services, provision of information via Swatejamart, lost business, even if such adani Foundation Representatives have been advised of the possibility of such damages.
10.3. In no event shall adani Foundation Representatives be liable for:
10.3.1. The use or inability to use Swatejamart 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 Swatejamart;
10.3.3. Any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
10.3.4. Any other matter relating to Swatejamart or the Services.
10.4. adani Foundation is neither liable nor responsible for any actions or inactions of the other users of Swatejamart or any breach of conditions, representations or warranties by them. adani Foundation is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Swatejamart.
10.5. None of the directors, officials or employees of adani Foundation shall be personally liable for any action in connection with Swatejamart or the Services.

11. ACCESS OUTSIDE THE REPUBLIC OF INDIA

11.1. adani Foundation makes no representation that the content on Swatejamart is appropriate to be used or accessed outside the Republic of India. Any users, who use or access Swatejamart 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 authorized or to any person to whom it is unlawful to promote or solicit.

12. TERM AND TERMINATION

12.1. These Terms of Use shall be effective from the date of their publication on Swatejamart.
12.2. adani Foundation 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 adani Foundation 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 Swatejamart or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on Swatejamart, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

13. FORCE MAJEURE

13.1. adani Foundation 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 adani Foundation’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 adani Foundation. Any consent by adani Foundation 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 Swatejamart or the Services, including with respect to any abuse on Swatejamart including any discrepancies or grievances with respect to access or usage of Swatejamart in violation of these Terms of Use by any person, to the Grievance Officer at:
Email: vijay.gadre@adanifoundation.com

17. GOVERNING LAW AND DISPUTE RESOLUTION

17.1. These Terms of Use, all transactions consummated between adani Foundation and you, and the relationship between adani Foundation 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 Swatejamart. Your relationship with Swatejamart will be governed by the most current version of these Terms of Use, as published on Swatejamart.

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 the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that adani Foundation 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 adani Foundation, for the use of Swatejamart, and the rights and liabilities with respect to any Services to be provided by adani Foundation shall be limited to the scope of these Terms of Use.