Last updated on July 2018

About this document


1.  These terms and conditions of use ("Agreement") is an electronic record in the form of an electronic contract under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the said Act.

2.  This agreement does not require any physical, electronic or digital signature.

3.  This agreement is a legally binding document between the Customer or Buyer and Saneswap.com Private Limited, ( “Saneswap” ), a Company incorporated under Companies Act, 2013 having its registered office at F-1001, Gundecha Gardens, D. K. Marg, Lal Baug.

4.  The terms of this agreement will be effective upon its acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between the Customer or Buyer and Saneswap for the use of Saneswap ’s ecommerce facility or website.

5.  This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the Information Technology (intermediaries guidelines) Rules, 2011 under Information Technology Act, 2000.

6. Information we collect

The visitors are free to navigate through our website without providing any personally identifiable information if they do not want to register with us. To gain access to some of our products and services, you need to register with us and obtain an account, user name, and password. If you choose to register with us, and are 18 years of age or older, we will collect your personally identifiable information such as your name, email address, and phone number. We do not collect more information than is absolutely necessary to allow your participation in an activity on the website. We collect and analyze information about your general usage of the website, products, services, and courses. We might track your usage patterns to see what features of the website you commonly use, website traffic volume, frequency of visits, type and time of transactions, type of browser, browser language, IP address and operating system, and statistical information about how you use our products and services. We only collect, track and analyze such information in an aggregate manner that does not personally identify you. Read the section on Use on Cookies to know how we collect aggregate data.

7. How do we use your information ?

We do not sell your personal information to others. The personally identifiable Information you submit to receive information and services from our website will never be disclosed to any third party. We use this personally identifiable information to register you to access our services and verify your authority to access the courses and services. We use the collected information to improve our website and to send you relevant information about our products and services which we think may be of interest to you. If you have subscribed for a service on our website, then your personally identifiable information may be used to enable us to serve you better. We use the collected website information such as your usage patterns and how you access and use our products and services to help us improve our offerings and assist us in operating the website better.When you enroll in a course, we might share your personally identifiable information with instructors as part of the course information to help them provide the course to you. If you have enrolled for a course, we may seek your opinion and views in terms of testimonials to display on our website or in our social media channels. Unless you have informed us that you do not wish to receive further information about our products and services, we may send you direct promotional mails regarding our products and services. In case you don’t want us to feature your testimonials or don’t want to receive further information about our products or services, please notify us at contact@saneswap.com

8. Interactive material

There are portions of this website that may allow users to post their own material. As a user of this website, you agree that we do not necessarily endorse the views posted on our forums. By posting materials on this website, you represent that you have all necessary rights in and to such materials and that such materials will not infringe any personal or proprietary rights of any third parties. We reserve the right to review or edit any material posted by users which we deem defamatory, unlawful, threatening, obscene or otherwise objectionable. Apart from your account-related information such as account ID, password, and payment-related details, any other information that you post on the website through our forums or during a course are treated as non-confidential and the same can be distributed or reproduced without seeking further permission.

9. Children's privacy

We are committed to protecting children's privacy online. This website is intended for users above the age of 18. We do not knowingly collect information from children. We do not send unsolicited direct email to users who have indicated on registering of those pages that they are under 18. Children under 18 should ask a parent or guardian for permission before sending us information online.

10. Use of cookies

A cookie is a small file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website. Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies. Kindly be informed that our website uses cookies to enhance our services based on user preferences. You can set your browser to block cookies, or to warn you before accepting them. Most parts of our website can be accessed even if your cookies are turned off, however you may find there are parts of the website that cannot be accessed with your browser settings blocking the cookies. Our adverting agencies/partners like google also collect cookies to show various contextual ads on our website.

11. Links to other websites

Our website contains links to other websites. The users need to take notice of the fact that the linked websites are governed by their own privacy policies and we disclaim any responsibility arising out of your actions on the linked website. We advise users to go through the privacy policy of the linked website and their terms and conditions before sharing any information to these websites.

12. Disclosure of information

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure doing so in the Company's interest to protect its property or other legal rights or the rights or property of others. Should the company have its assets sold to or merge with another business entity, we reserve the right to transfer the information we receive from this website including your personally identifiable information to a successor as a result of any such corporate reorganization.

13.  By accessing the website or other platforms like mobile applications, for registering or for using Saneswap’s services, the buyer or Customer agrees to the Terms and Conditions set out below and will be bound by them. Certain Services on the Website or ecommerce facility may have additional terms (such as policies, guidelines, and rules) that will further govern the customer’s use of that particular Service and supplement these Terms. If the customer opts to register for or access any such Services, he/she will be presented with any relevant additional terms and conditions at that time. By using those Services, the customer agrees to comply with such additional guidelines and rules.

14.  By agreeing to these Terms and Conditions, the buyer or customer represents the following:

  • He/she is eighteen (18) years old or older.
  • He/she is capable of entering into a legally binding agreement.
  • He/she has not been previously suspended or removed from any services availed under Saneswap account.
  • He/she has valid and subsisting right, authority, and capacity to enter into these Terms and Conditions and to abide by all of the terms and conditions contained herein.
  • He/she is not impersonating any person or entity, or falsely stating or otherwise misrepresenting identity, age or affiliation with any person or entity.

 

1.  DEFINITIONS

In this document, unless the context otherwise requires, the following word and phrases shall have the meanings ascribed to them hereunder:

  1. "Customer" means the buyer who is the registered user of Saneswap.com and who intends to buy using the website or e-commerce facility provided by Saneswap.
  2. “Seller” means the person who has contracted with Saneswap under a separate agreement and who has displayed his items for sale, using the website or e-commerce facility provided by Saneswap.
  3. "Saneswap account" shall mean the account created by the Customer which would give the Customer access to Saneswap’s ecommerce facility.

  4. "Terms and Conditions" shall mean these terms and conditions.

2.   E-Platform for Communication

  1. By agreeing to the terms and conditions of Saneswap, the Customer agrees that Saneswap is an online platform that enables him/her to purchase products listed on its website or other platforms, at the price indicated therein at any time for any location. Thus, it is made aptly clear and the customer agrees that Saneswap is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Sale of products or services on the website shall be strictly a bipartite contract between the customer and the sellers in Saneswap.com
  2. Saneswap reserves the right to make changes to Website, policies, and these Terms and Conditions at any time, in our sole discretion. The customer’s use of the Website following any such modification constitutes his/her agreement to follow and be bound by the Terms and Conditions as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Website or to particular Service are also considered as Terms and Conditions.

3. Contract

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. Saneswap does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

4. Registration and data

  1. Any customer or buyer, who is desirous of using the services under www. Saneswap.com, should first register for Saneswap account.
  2. In order to allow use of the services, Saneswap may require that the customer should submit certain personal information, such as name, address, mobile phone number, e-mail address, date of birth to Saneswap. During the registration process, or when the customer accesses Saneswap account through sign on from a Mobile Application, the mobile phone's device ID may be stored.
  3. The Customer agrees that the data he/she provides during registration is out of own free will and at all other times will be true, accurate, current and complete and that he/she agrees to maintain and update this data in case of any changes or inconsistencies.
  4. Registration can also be completed by means of particular social media networks that are offered. This requires that the customer already has a user account at the relevant social media network. If the customer uses this feature of the social media network, the terms and conditions of use and data privacy policies of that particular social media network shall also apply. Saneswap may acquire the customer’s certain data or information from such social media network to the extent permitted by such social media network, and such data or information then will be subject to Saneswap Privacy Policy.
  5. Saneswap may share some or all information provided by the customer with its affiliates or any other third parties as may be necessary for the efficient provision of Services by Saneswap. The customer hereby authorises Saneswap to provide such information to such third parties, provided that, Saneswap may, irrespective whether required under law or otherwise, seek additional information or documents from the customer on behalf of itself or such third parties, for verifying any information provided during the registration. Data available with Saneswap or otherwise obtained from the Website will not be used for any unauthorized and unlawful purpose.
  6. The Sign-on Data is intended solely for personal use by the Customer and therefore always to be kept secret and safe. The Customer is not entitled to share his Sign-on Data details with third parties to use the Sign-On services or to disclose them otherwise.
  7. The Customer is obliged to inform Saneswap immediately on becoming aware of and/or suspecting a case of any unauthorized use, disclosure and / or misuse of their Sign-on Data or of their user account. Furthermore, the user is obliged not to use the Sign-on Data or user account of another person.

5. Fees or charges

1.  Saneswap reserves the right at any time to charge the Customer any fees / charges for using Sign-On Services. However, such fees / changes will be applicable only with prospective effect and after giving prior notice to the Customer.

6. Payment terms

1.  The Seller has the complete right to invoice the buyer for the total amount of goods on or at the time of the dispatch of the goods.

2.  The Buyer needs to pay the complete amounts of the Goods on the decided date mentioned in the Contract.

3.  While availing any of the payment method/s available on the Website, Saneswap will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:

  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
  • Any payment issues arising out of the transaction, or
  • Decline of transaction for any other reason/s

7.Disclaimer and limitation of liabilities

  1. Website, its Services and all Information, content, materials, and services included on or otherwise made available to the Customer through Website, or other platform are provided by Saneswap on an "as is" and "as available" basis.
  2. Unless otherwise specified in writing, Saneswap makes no representations or warranties of any kind, express or implied, as to the operation of Website, , information, any application, content including without limitation:
    1. Any implied warranties of merchantability, satisfactory quality, value, saleability, suitability, reliability, completeness, performance, fitness for a particular purpose, title, or non-infringement;
    2. that Website will meet the customer’s requirements, will always be available, accessible, uninterrupted, timely, secure, operate without error, or will contain any particular features or functionality;
    3. Any implied warranty arising from course of dealing or trade usage, unless otherwise specified in writing. The customer agrees that his/her use of Website is at his/her sole risk and are using best and prudent judgment before entering into any transactions through Website;
    4. Electronic communications sent through Website are free of viruses or other harmful components.

  3. Saneswap does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Saneswap accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  4. Saneswap shall neither be liable, nor is responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Saneswap cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Saneswap shall not and is not required to mediate or resolve any dispute or disagreement between on be Buyers and Sellers.
  5. To the fullest extent permitted by applicable law, Saneswap or any of its affiliates (including Saneswap’s and the affiliate’s respective employees, directors, agents and representatives) will not be liable for any indirect, incidental, punitive, or consequential damages arising out of or in Sanesconnection with these Terms and Conditions. In addition, and without limiting the foregoing, to the fullest extent permitted by applicable law, Saneswap or any of its affiliates (including Saneswap’s and the affiliate’s respective employees, directors, agents and representatives) will not be liable for any damages arising out of or in connection with any services or products purchased or transactions entered into through the Services.
  6. Saneswap provides no ground for mediation or even does not provide any ground for resolving any dispute or disagreement between buyer and the sellers or manufacturers of the products.
  7. Saneswap does not hold any right, title or interest, nor have any obligations or liabilities in respect of any contracts entered into between buyers and sellers. Saneswap does not take any responsibility for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
  8. Saneswap does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. Saneswap advises to independently verify the bona fides of any particular.
  9. Saneswap shall not be liable in any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages.

8.Indemnification

The customer agrees to defend, indemnify and hold Saneswap, and its affiliates and their respective officers, directors, agents and employees, harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees resulting from or alleged to result from breach of the customer’s representations, warranties, or obligations set forth in these Terms and Conditions; or any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by the customer’s trademarks used in connection with the or using the Website and/or Service; or any transaction submitted by the customer through the Website and/or Service.

9.Assignment

The Customer cannot assign or otherwise transfer this Agreement, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Saneswap’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Saneswap to any third parties without the requirement of seeking the customer’s prior consent. Saneswap may inform the customer of such assignment or transfer in accordance with the notice requirements under the Agreement. Saneswap shall have right to transfer the customer’s Saneswap account and Information to a third party who purchases Saneswap's business as conducted under the Website.

10.Communications

  1. The Customer agrees and understands that he/she is communicating with Saneswap through electronic records and his/her consent to receive communications via electronic records from Saneswap periodically and as and when required.
  2. Saneswap will communicate with the customer by email or by notices on Website or electronic records on the Website or on his/her mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law,
  3. All notices with respect to this Agreement from Saneswap will be served to the customer by email or by general notification on the Website.

11.Severability

If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Saneswap may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of this Agreement.

12.Waiver

Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under this Agreement or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

13.Force Majeure

If performance of any service or obligation under this Agreement by Saneswap is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Saneswap or its third parties performing such services as sub- contractor to Saneswap and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Saneswap shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Saneswap shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

14.TERMINATION OF SERVICES

Saneswap may suspend, restrict, discontinue or deny access to or terminate the Services for, including but not limited to, any of the following actions:

  1. Impersonating another person or entity with the effect of misleading users about the identity of the creator of content (including misleading account user names, voices and sounds used in broadcasts, and account profile information);
  2. impersonating the Services or any employees and representatives of Saneswap;
  3. representing that content the customer posts or transmits through the Services is created or endorsed by Saneswap;
  4. providing or sending any content which may be harmful or detrimental to Saneswap or its business associates, or which violates any restriction or policy established by Saneswap, its affiliates, Merchants or its business associates;
  5. submission of any content that falsely expresses or implies that such content is sponsored or endorsed by Saneswap ;
  6. publishing on or transmitting from Saneswap's system any content that contains software viruses, Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit functionality of any computer software or hardware or telecommunications equipment;
  7. manipulating Service identifiers in order to disguise the origin of any content transmitted via the Services;
  8. collecting or storing personal data about other customers;
  9. interfering with or disrupting the Service or servers or networks connected to the Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Service;
  10. using any robot, spider, website search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose;
  11. creating user accounts by automated means or under false or fraudulent pretences;
  12. any non-compliance to the Terms and Conditions as mentioned in the agreement;
  13. If Saneswap, in its reasonable opinion, that cessation/ suspension is necessary.

15.Tenure

The terms of this Agreement and modifications to it subsequently, will survive indefinitely unless and until Saneswap chooses to terminate them.

16.Grievances

In accordance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Saneswap for the purpose of this Agreement shall be:

MR._____________

Email –

Office address:

Cell number:

Office number

Time to call -

Saneswap may change the aforesaid details from time to time under intimation to the customer.

17.Governing law and Jurisdiction

By agreeing to the terms and condition you agree that in case of any dispute you will be governed by laws of India and exclusive jurisdiction lies with the court of Mumbai.