USER TERMS & CONDITIONS
INTRODUCTION
This Website’s terms of use (“User Terms & Conditions”) is an electronic record in the form of an electronic contract, formed under the Information Technology Act, 2000 and rules made thereunder and the amended provisions of electronic documents/ records in various statutes as amended by the Information Technology Act, 2000. These User Terms & Conditions do not require any physical, electronic, or digital signature.
This document is published and shall be construed under the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under the Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy, and User agreement for access or usage of the website.
This User Terms & Conditions is a legally binding document between the User and Shwayaa. These User Terms & Conditions shall be effective upon your acceptance of the same (directly or indirectly in electronic form or using an electronic record) and will govern the relationship between the User and Shwayaa for the use of the website.
GENERAL TERMS
www.shwayaa.com (hereinafter referred to as “Website”) is owned by Shwayaa Décor Private Limited, a company incorporated under the Indian Companies Act, 2013, having its registered office at TC 23/1474/44, PPD Keystone, 12 CD, Golf Links Road, Kawdiar, Trivandrum 695003 (hereinafter referred to as “Shwayaa”/“We”/“Us”).
Accessing, browsing, or otherwise using the Website indicates your agreement to all the terms and conditions under these User Terms & Conditions. Please read the User Terms & Conditions carefully before proceeding. By accepting these User Terms & Conditions, you also accept andagree to be bound by Shwayaa’s Policies including, but not limited to the PRIVACY POLICY,CANCELLATION, REFUND & RETURN POLICY as amended from time to time.
For these Terms of Usage, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who has agreed to become a User on the Website by providing Registration details while registering on the Website as Registered User using the computer systems. Shwayaa allows the User to surf the Website without registering on the Website.
Shwayaa reserves the right to (a) discontinue or modify any of the User Terms & Conditions and/or any other Policy as deemed necessary or desirable, or (b) change, suspend, discontinue, or restrict your access to all or part of the Services at any time without any prior written notice to You. (c) at its sole discretion, refuse to offer the Services to any person and/or entity or change the eligibility criteria for the Services at any time.
USER ELIGIBILITY & ACCOUNT
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website.
Shwayaa reserves the right to terminate your registration/ account and/or refuse to provide you with access to the Website if it is brought to the notice or if it is discovered that you are under the age of 18 years.
Users shall register/ create an account with Shwayaa to make a transaction. Users may create only one account and Shwayaa reserves the right to terminate any additional accounts created by the User.
User 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 of 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 Shwayaa has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Shwayaa reserves the right to suspend or terminate your Account and refuse all current or future use of the Website / Services or any portion thereof.
PASSWORD AND SECURITY
In the event You register as a User by creating an Account 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 Shwayaa 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. Shwayaa 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 Shwayaa or any other User of or visitor to the Website due to authorized or unauthorized use of your Account owing to your failure in keeping your Account Information secure and confidential.
TERMINATION OF USER ACCOUNT AND EFFECT OF TERMINATION
User agrees that if User provides any information that is untrue, inaccurate, not current, or incomplete or Shwayaa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not following this User Terms & Conditions, Shwayaa shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide User with access to the Website.
Upon any termination of User Account or these Terms and Conditions, User shall immediately cease all access to and use of the site and services, and Shwayaa shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to User and deny User access to and use of the Services in whole or in part.
USER CONSENT & COMMUNICATIONS
User agrees and acknowledges that you are communicating with Shwayaa through electronic mode/ records, and you consent to receive communications via electronic mode/ records from Shwayaa periodically and as and when required. Shwayaa may communicate with you by email or by other mode of communication, electronic or otherwise.
User further agrees and acknowledges that all information and communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Shwayaa may provide order confirmation via email as invoices when placing an order. Email communication shall be deemed received and properly served immediately when posted on the Website, 24 hours after an email is sent.
CHARGES & FEES
Shwayaa does not charge any fee for browsing the Website. Shwayaa may at its sole discretion introduce new services and modify some or all the existing services offered on the Website. In such an event Shwayaa reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services.
PROPRIETARY & INTELLECTUAL PROPERTY RIGHTS
This Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, artwork, and computer code (collectively, the “Content”) on the Website is owned and controlled by Shwayaa or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by trademark laws, various other intellectual property rights and international treaty provisions. User always acknowledges that Shwayaa retains the proprietary and such other intellectual property rights (unless otherwise mentioned) for all contents contained/ used on this
website.
Any reproduction or redistribution of the content of this website is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above-listed materials to any other server, location, or support for publication, reproduction, or distribution is expressly prohibited.
Except as otherwise provided elsewhere in these User Terms & Conditions or on the Website, anything that you submit or post to the Website and/or provide us, including without limitation, suggestions, questions, reviews & comments (collectively, “User Content”) shall be treated as non– confidential and non-proprietary, and Shwayaa shall have exclusive right to use it in any manner as Shwayaa may deem fit.
In addition to the rights applicable to any User Content, when a User posts comments or reviews, the User also grants Shwayaa the right to use the name of the User along with the User Content.
DISCLAIMERS & DISCLOSURES
Shwayaa reserves the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all; and (b) to remove or block any Content from the Services.
Shwayaa does not warrant that the Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard. Users hereby release
Shwayaa, its affiliates, directors, officers, employees, contractors, agents, suppliers, content providers, partners, representatives, and successors from any claim, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from the use of Third-Party Materials or interactions with or conduct of the applicable third parties.
All commercial/contractual terms are offered by and agreed to between Shwayaa and the Users alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, and warranties related to products and services.
Shwayaa holds the right, title, or interest over the products and shall have obligations or liabilities in respect of such contract entered between Users and Shwayaa. Shwayaa shall intimate the User about the date of delivery. However, in case of delays because of products that are out of stock, unavailable, or back-ordered, Shwayaa shall provide the product to the User as soon as the same is available and shall not be in default for any such delays. User shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with Shwayaa that you transact with.
PRODUCT DESCRIPTION, AVAILABILITY & ORDER ACCEPTANCE
The user acknowledges that prices listed on the products are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors, Shwayaa reserves the right to refuse or cancel any such orders whether the order has been confirmed and the payment is completed. In the case of payment completed for the purchase and your order being cancelled (per cancellation, return and refund policy), Shwayaa shall initiate a credit back to your source account within 48 (forty-eight) hours of such transaction.
The user acknowledges that the colours of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items on the Services may change at any time, without notice.
Your receipt of an electronic or another form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Shwayaa reserve the right at any time after receipt of your order, without prior notice to you, to accept or decline your order for any reason, to supply less than the quantity you ordered of any item.
User acknowledges that an order is not accepted until Shwayaa sends you shipping information for the order (or the accepted portion thereof). Not with standing the foregoing, the User agrees that, if we cancel all or a portion of your order or if we provide you with less than the quantity you ordered, your sole and exclusive remedy will be one of the following: (a) we will issue a credit to your source account the amount paid for the cancelled portion or the quantity not provided (if your payment has already been charged for the order) or (b) we will not charge you for the canceled portion of the order or the quantity not provided.
COMPLIANCE & RESTRICTIONS
Shwayaa and the User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made, and notifications issued there under and as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000, Export Import Policy of the government of India) applicable to them respectively for using Payment Facility and transacting on the Website.
Shwayaa reserves the right to impose limits on the number of Transactions or Transaction Prices which Shwayaa may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through the payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual User during any period and reserves the right to refuse to process Transactions exceeding such limit.
Shwayaa reserves the right to refuse to process transactions to a User with a prior history of questionable charges including without limitation breach of any agreements or breach/ violation of any law or any policy. Shwayaa may hold a transaction and report to law enforcement authorities in the event the User is engaged in any form of illegal activity.
USER ACKNOWLEDGMENT ON PAYMENT GATEWAY SERVICE
All valid Credit/ Debit or other payment instruments are processed using a payment gateway infrastructure and the same shall also be governed by the terms and conditions agreed to between the User and the respective Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Bank which supports a Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between the User and the respective Bank and Shwayaa shall not be liable for any payment failures or like events of whatsoever nature.
INTERNATIONAL AVAILABILITY OF WEBSITE
The Website may be accessed from any part of the world. The Website may contain products or references to products that are not available outside of India. Users shall carefully check the shipment availability before placing the orders. If you access and use the Website or Services outside India, you are responsible for complying with your local laws and regulations.
CROSS BORDER SALE & COMPLIANCE WITH LOCAL LAWS
Unless otherwise specified, the products on the Website is presented for sale in India and abroad. Shwayaa represents those materials on the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access the Website from other locations/Countries other than India do so on their initiative and Shwayaa shall be responsible for the supply of products ordered from other locations/Countries other than India. However, the compliance with local laws, taxes for import/exports, and charges for compliances of such exports and imports shall be borne by the User/ User solely.
If you order Goods from the Website for delivery outside India, they may be subject to import duties and taxes. You will be responsible for the payment of any such import duties and taxes. Please note that Shwayaa has no control over these charges and cannot predict their amount.. Users shall be obliged to comply with all applicable laws and regulations of the country for which the products are destined. Shwayaa will not be liable for any breach by you of any such laws.
LIMITATIONS OF WARRANTIES
This Website, all the materials and products and services, included on or otherwise made available to You through this site are provided on an ‘’as is’’ and ‘’as available’’ basis without any
representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, Shwayaa does not warrant that: (a) this Website will be constantly available, or available at all; or (b) the information on this Website is complete, true, accurate, or non-misleading.
Shwayaa will not be liable to You in any way or relation to the Contents of, or use of, or otherwise in connection with, the Website. Shwayaa does not warrant that this site; information, content, materials, product (including software), or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on the Website constitutes or is meant to constitute, advice of any kind. All the Products sold on the Website are governed by different state laws and if Shwayaa is unable to deliver such Products due to implications of different state laws, Shwayaa will return or will give credit for the amount (if any) received in advance by Shwayaa from the sale of such Product that could not be delivered to You.
Other than as required under applicable consumer protection law, under no circumstance will Shwayaa be liable for any loss or damage caused by a User’s reliance on information obtained through the services or a linked site, or a User’s reliance on any product or service obtained from the services or a linked site. It is the responsibility of the User to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Services, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
CLAIMS AND REMEDIES
Concerning any of our products, services, or Website content, Shwayaa’s sole and exclusive obligation or liability and your sole and exclusive remedy will be, at our discretion, to refund the purchase price or to replace and deliver equivalent product items, as soon as reasonably possible. Please refer to our CANCELLATION, REFUND & RETURN POLICY for more details.
INDEMNITY & LIMITATIONS OF LIABILITY
Users agree to indemnify, defend and hold harmless Shwayaa, its affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents from and against any losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of the Terms & Conditions or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii) any claim that any Third Party Content/ content, information or materials provided by you caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
ZERO TOLERANCE FOR PROFANITY
Shwayaa prohibits the use of language that is racist, hateful, sexual, or obscene on the Shwayaa Website.
If a feedback comment or any communication made by the Users on the Website contains profanity, please submit a request for action/removal. Disciplinary action may be initiated, which results in the indefinite suspension of a User account, temporary suspension, or a formal warning.
GOVERNING LAW, JURISDICTION & DISPUTE RESOLUTION
User Terms and Conditions shall be governed by and interpreted and construed under the laws of India. The place of jurisdiction shall be exclusively in the courts of Kochi.
Any disputes, claims, controversies, and conflicts arising out of this User Terms & Conditions or in any way touching or concerning or relating hereto, or as to constructions, the interpretation thereof or otherwise in relation hereto, and the performance or nonperformance of the rights and obligations set forth herein shall negotiate to arrive at a mutual and amicable settlement; failing which, the same shall be settled by Arbitration by an Arbitrator to be appointed by mutual consent by the Parties. The Award of the Arbitrator shall be final and conclusive and binding upon the Parties. The seat of the Arbitration shall be at Kochi, Kerala, India. Any costs of arbitration shall be shared equally by the parties thereto.
SEVERABILITY
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful, or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
GRIEVANCE OFFICER
Per Information Technology Act, 2000 and the rules made there under and for any grievances related to the services offered through the Website, you may contact the Grievance Officer at [email protected]
