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 email@example.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.
11. Links to other 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:
In this document, unless the context otherwise requires, the following word and phrases shall have the meanings ascribed to them hereunder:
2. E-Platform for Communication
3. ContractAll 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
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:
7.Disclaimer and limitation of liabilities
8.IndemnificationThe 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.AssignmentThe 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.
11.SeverabilityIf, 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.WaiverAny 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 MajeureIf 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:
15.TenureThe terms of this Agreement and modifications to it subsequently, will survive indefinitely unless and until Saneswap chooses to terminate them.
16.GrievancesIn accordance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of Saneswap for the purpose of this Agreement shall be:
Time to call -
Saneswap may change the aforesaid details from time to time under intimation to the customer.
17.Governing law and JurisdictionBy 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.