Terms & Conditions
The website, “swackit.com” is owned and operated by “Swackit Digital Private Limited”. The terms “we”, “us” and “our” hereby refer to “swackit.com”. By using the website or when your information is submitted to swackit.com by our customers via the services we offer to them, you agree to the Terms & Conditions and all the policies set by “Swackit Digital Private Limited”. The website may be updated from time to time. Hence, the visitors are encouraged to the read the terms and conditions frequently before using the website.
We reserve the right to refuse service to anyone for any reason at any time. You may use the website only for services that are legal. Any suspicious activity or violation of the law of land will be reported to the authorities.
Gathering of Personally-Identifying Information
Certain visitors to our website choose to interact with us in ways that require us to gather personally-identifying information. The amount and type of information that we gather depends on the nature of the interaction in form the account information, comment or feedback.
In each case, we collect such information only in so far as is necessary or appropriate to fulfil the purpose of the visitor’s interaction with us. We do not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities, like making a purchase.
Product & Service Information
The product & service information is sourced through data available in public domain as published by the brands, logistics provider and the payment gateways. We are not responsible if any of the information provided on the website is not accurate or complete. The product images are only for illustration purposes and should not be relied upon solely before making any purchase. Please check the description and contact us at email@example.com for proper information. The products sold on the website are subjected to the shipping policy and the cancellation and refund policy.
Access to the Service: Subject to Customer’s compliance with the terms of this Agreement, Swackit shall provide Customer with non-exclusive access to the Service and grant Customer the right to access and use the Service solely for its own business purposes.
Users: Access to the Service is made available on a per seat model, with each user (a “User”) having unique log-in credentials. Customers will ensure that Users maintain the confidentiality of their log-in credentials and will be responsible for Users’ compliance with this Agreement.
Additional Services: Swackit and Customer may additionally agree upon the provision by Swackit of professional services relating to the implementation or other support of Customer’s use of the Service, as set forth in Additional Services.
Billing and Payments
Pricing Structure: The price may consist of various components like product price, branding fee, gift box charges, packaging charges, shipping fee, storage requirement and taxes. The components will be applicable as per the requirement of the client. These might depend on the quantity required, branding requirement and type of delivery requirement.
Payment terms: The buyer needs to pay 100% of the total bill amount to confirm the order. No order shall be dispatched without the confirmation of the full payment.Only upon receipt of the payment will we raise the final tax invoice.
Swackit Intellectual Property Rights & Restrictions
Swackit shall retain all intellectual property rights in the Service, including any and all derivatives, changes and improvements thereof, and Customer agrees that it obtains no intellectual property rights or licenses by this Agreement except those expressly granted herein. Customer hereby grants Swackit a non exclusive, perpetual, irrevocable, royalty-free license to any ideas, suggestions, feedback, gift ideas or categories, or service improvements given by Customer pertaining to the Service. Customer shall (i) not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service; (ii) not represent that it possess any proprietary interest in the Service; (iii) not directly or indirectly, take any action to contest Swackit’s intellectual property rights or infringe them in any way; and (iv) except as specifically permitted hereunder, not use the name, trademarks, trade-names, and logos of Swackit.
Customer Content and Inventory
Ownership: All data, information, files or other materials and content that Customer makes available to Swackit for the purpose of utilising the Service (“Customer Content”) shall remain the sole property of Customer.
License to Swackit: Customer hereby grants Swackit a worldwide, non-exclusive, royalty-free, licence to use, copy, reproduce, distribute, prepare derivative works of, display and perform any and all Customer Content, to the extent required to perform the Service and, in the case of customer-designed items sent by Customer via the Service, to make such designs available to other swackit customers, provided that that no such use allows any third party to identify Customer or its Users in any manner.
Inventory: As a part of the Service, Customers may purchase inventory to be sent via the Swackit Service and such inventory may be stored at warehouse facilities operated by Swackit. Swackit holds such items on behalf of Customer and at no time does title pass from Customer to Swackit. Swackit will not be liable to Customer for damage to such inventory in shipping or storage except in the case of gross negligence or willful misconduct by swackit.
Nondisclosure: Each party (each a “Receiving Party”) agrees that it shall use and reproduce the Confidential Information of the other party (the “Disclosing Party”) only for purposes of exercising its rights and performing its obligations under this Agreement and only to the extent necessary for such purposes and shall restrict disclosure of such Confidential Information to the Receiving Party’s employees, consultants, or advisors who have a need to know and who are bound by obligations of confidentiality and nonuse at least as protective of such information as this Agreement and shall not disclose such Confidential Information to any third party without the prior written approval of the Disclosing Party. The foregoing obligations shall be satisfied by the Receiving Party through the exercise of at least the same degree of care used to restrict disclosure and use of its own information of like importance, but not less than reasonable care. Notwithstanding the foregoing, it shall not be a breach of this Agreement for the Receiving Party to disclose Confidential Information if compelled to do so under law, in a judicial or other governmental investigation or proceeding, provided that, to the extent permitted by law, the Receiving Party has given the Disclosing Party prior notice and reasonable assistance to permit the Disclosing Party a reasonable opportunity to object to and/or limit the judicial or governmental requirement to disclosure. “Confidential Information” means all information of a party disclosed to the other party, regardless of the form of disclosure, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including without limitation and without the need to designate as confidential, the terms and conditions of this Agreement.
5.2 Exceptions. Notwithstanding anything to the contrary herein, neither party shall be liable for using or disclosing information that such party can prove: (i) was publicly known at the time it was disclosed or has become publicly known through no fault of the Receiving Party; (ii) was known to the Receiving Party, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; (iii) is disclosed with the prior written approval of the Disclosing Party; (iv) was independently developed by the Receiving Party without any use of the Confidential Information, as demonstrated by files created at the time of such independent development; (v) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement by the Receiving Party and otherwise not in violation of the Disclosing Party’s rights; or (vi) is disclosed generally to third parties by the Disclosing Party without restrictions similar to those contained in this Agreement.
Representations and Warranties
Each party represents and warrants that (a) this Agreement constitutes a legal, valid and binding obligation, enforceable against it in accordance with the terms of this Agreement, and (b) its execution and delivery of this Agreement and its performance hereunder will not violate any applicable law, rule or regulation.
Customer additionally represents and warrants that (a) the Customer Content does not infringe upon any third party’s proprietary rights, including intellectual property rights (b) Customer will use the Service in compliance with all applicable laws and regulations, including laws applicable to the jurisdictions in which they send items via the Service, and any corporate gifting policies to which its recipients are subject.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED HEREIN, SWACKIT PROVIDES THE USAGE OF THE SERVICE TO CUSTOMER ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR PARTICULAR PURPOSE WHETHER ALLEGED TO ARISE BY LAW, BY USAGE IN THE TRADE, BY COURSE OF DEALING OR COURSE OF PERFORMANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SWACKIT DOES NOT WARRANT THAT (I) THE SERVICE OR ANY SERVICES RELATED THERETO WILL BE DELIVERED OR PERFORMED WITHOUT MISTAKE OR INTERRUPTION OR (II) THAT CUSTOMER WILL ACHIEVE ANY PARTICULAR BUSINESS RESULTS BY USE OF THE SERVICE.
Customer’s Indemnities: Customer shall defend, indemnify and hold harmless Swackit and its officers, directors, consultants, employees, successors and permitted assigns, from and against any third party claim, suit or proceeding and all resulting damages, costs, losses, awards and reasonable attorneys’ fees (collectively, a “Claim”), arising out of or relating to (a) the use or display of any Customer Content; (b) Customer’s breach of its warranties (c) Customer’s use of the Service in any manner that violates this Agreement or applicable laws, rules or regulations or (d) any harm suffered or alleged to be suffered by any third party caused by or in connection with items sent by Customer via the Service.
Swackit’s Indemnities: Swackit shall defend, indemnify and hold harmless Customer and its officers, directors, consultants, employees, successors and permitted assigns, from and against any Claim arising out of or relating to an allegation that the Service infringes any intellectual property right of a third party.
Limitation of Liability
EXCLUSION OF DAMAGES; IN NO EVENT WILL SWACKIT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, LOSS OF USE, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, WHETHER OR NOT SWACKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (B) ANY DAMAGES CAUSED BY CUSTOMER’S USE OF THE SERVICE OR IN CONNECTION WITH ITEMS SENT BY CUSTOMER; (C) ANY DAMAGE TO INVENTORY HELD BY SWACKIT ON BEHALF OF CUSTOMER (EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY SWACKIT).
8.2 MAXIMUM AGGREGATE LIABILITY. SWACKIT’S MAXIMUM AGGREGATE LIABILITY UNDER, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO SWACKIT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE LIABILITY FIRST ARISE
Either party may terminate this Agreement (i) for the other party’s material breach, if the breaching party does not cure such breach within 30 days after receipt of written notice specifying in detail the nature of the breach, effective upon the expiration of such 30 day period, or (ii) upon notice if the other party is judged bankrupt or insolvent, makes a general assignment for the benefit of its creditors, a trustee or receiver is appointed for such party or any petition by or on behalf of such party is filed under any bankruptcy or similar laws.
Upon termination or expiration of this Agreement, Customer will immediately cease use of the Service and this Agreement shall terminate and be of no further force or effect, provided that he following provisions shall survive any expiration or termination of this Agreement: (i) the obligation of Customer to pay fees incurred prior to termination; (ii) Swackit Intellectual Property Rights & Restrictions (iii) Confidentiality & Disclaimer of Warranties, Indemnification, Limitation of Liability and Miscellaneous.
Amendments: These terms may be amended by swackit from time to time in its sole discretion. In the event of such an amendment, swackit will notify Customer of such update via email and provide Customer 15 days to object to such amendment. If Customer does not object within such period, the amended terms will be effective with respect to Customer upon the end thereof.
Disputes: All the disputes will be addressed in the legal jurisdiction of Karnataka.
Assignment: Neither party may transfer or assign its rights or obligations under this Agreement to any third party without the prior written approval of the other party, except for an assignment to an affiliated company or to a successor in connection with a merger, acquisition, reorganisation or sale of substantially all of its assets or voting securities. Any purported assignment contrary to this section shall be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when sent by email.
Relationship of Parties: The parties are independent contractors and will have no right to assume or create any obligation or responsibility on behalf of the other party. Neither party shall hold itself out as an agent of the other party. This Agreement will not be construed to create or imply any partnership, agency, joint venture or formal business entity of any kind.
Severability: If any provision of this Agreement is held invalid or unenforceable, it shall be replaced with the valid provision that most closely reflects the intent of the Parties and the remaining provisions of the Agreement will remain in full force and effect.
Force Majeure: Except for payment obligations under this Agreement, neither party hereto shall be liable for any loss, damage, or penalty resulting from such party’s failure to perform its obligations hereunder when such failure is due to events beyond its reasonable control, such as, without limitation, flood, earthquake, fire, acts of God, military insurrection, civil riot, or labor strikes.
Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., http://www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
Publicity: Either party may issue publicity or general marketing communications concerning its involvement with the other party.Customer hereby approves the display by swackit of Customer’s name,logo and merchandise on its website and in marketing materials, subject to Customer’s right to revoke such publicity upon written notice to Swackit.
Order confirmation: Order is considered confirmed only after you give approval on the product mockup. Product mockups are shared within 48 hours of making the payment.
Refund Policy: Orders once confirmed cannot be cancelled. In case of loss or damage in transit, the product will be replaced if it is informed to us within 24 hours of delivery along with the proof of damage.
Pricing: The pricing for the bulk order is applicable as per the pricing table mentioned on each of the product page
Shipping Policy: The order is shipped within 14-30 days from the date of order confirmation. It takes typically 2-7 days in transit once the order is shipped.
Contact us at firstname.lastname@example.org
Swackit Digital Private Limited,
5/1, 80 Feet Rd, AVS Layout, Koramangala, Bengaluru, Karnataka 56003
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