TERMS & CONDITIONS OF USE
Welcome to Goswirl.live This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record and conditions of Use are generated by a computer system and does not require any physical or digital signatures and is the base of contract between you and GETNATTY Designtech Private Limited (hereinafter referred to as the Company)
1.1 Membership Eligibility
Use of the Website or App is available only to persons who can enter into contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the platform and shall not transact on or use the website. As a minor if you wish to use or transact on platform, such use or transaction may be made by your legal guardian or parents on the platform. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years.
1.2 YOUR ACCOUNT
1.2.1. If you use the website or App you agree to:
- accept the responsibility for maintaining the confidentiality of your account and password;
II. accept the responsibility for restricting access to your computer to prevent unauthorised access to your account;
III. accept responsibility for all activities that occur under your account or password;
IV. take all necessary steps to ensure that the password is kept confidential and secure and you further agree to inform us immediately and as soon as practicable if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner;
- provide us with correct and complete details and inform us immediately of any changes to the information that you provided when registering
VI. Undertake that you will not use any service from The Company for any activities which are against the statutory law of the country of jurisdiction. Notwithstanding anything else contained in this agreement, you indemnify Platform from any claims whatsoever which may arise because of your activity.
1.2.2. You can access and update the information you have provided by visiting the “my settings” area of the website. The Company reserves the right to refuse access to the website, App, terminate accounts, remove or edit content at any time with or without notice to you.
1.2.3 There will be no refunds given once the subscription has been made to the swirl platform. However, the user can cancel their subscription anytime from their dashboard.
E-PLATFORM FOR COMMUNICATION & TRANSACTION
- You agree, understand and acknowledge that the Goswirl.live website/App is an online platform that enables you to accessing web and mobile technology infrastructure to digitize and build brand partner’s online business through a virtual storefront, use its video broadcasting technology such as shoppable video commerce and live-streaming solutions, and seek assistance and technology support to sell Customer’s (his/her/its) Products using The swirl Platform
- The company accepts no liability for any errors or omissions, whether on behalf of itself or third parties
- Swirl is not responsible 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
ACCESS TO THE WEBSITE/APP
We shall endeavour to provide uninterrupted access to the website and that transmissions shall be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, repairs, maintenance, or the introduction of new facilities or services to the website may cause your access to be occasionally suspended or restricted at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
LICENCE FOR WEBSITE/APP ACCESS
The Company grants you a limited licence to access and make personal use of this website/App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company and / or its affiliates, as may be applicable.
This website/App or any portion of this website/App (including but not limited to any copyrighted material, trademarks, or other proprietary information) shall not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of the Company and / or its affiliates, as may be applicable
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising the Company or its affiliates’ names or trademarks without the express written consent of Company and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by the Company and / or its affiliates, as applicable
You are granted limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of the website/App as long as the link does not portray the Company, the website, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any website/App logo or other proprietary graphic or trademark as part of the link without express written consent of the Company and / or its affiliates, as may be applicable.
You must not use the platform in any way that causes, or is likely to cause, the website/App or access to it to be interrupted, damaged or impaired in any way. You hereby agreed that you understand that you, and not the website/App, are responsible for all electronic communications and content sent from your computer to us and you must use the website/App only for lawful purposes only. You must not use the website/App for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, unlawful, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”
III. to cause annoyance, inconvenience or needless anxiety
REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Users of the swirl platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, blasphemous in nature, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, the company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that violates these conditions of use, or terminate your permission to access or use this website / app which is in the sole judgement of the company.
If you do post content or submit material, and unless we indicate otherwise, you
- Grant the company and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- Grant the company and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose
- Agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
- Agree to perform all further acts necessary to perfect any of the above rights granted by you to the company, including the execution of deeds and documents, at its request
- Represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website/App; that, as of the date that the content or material is submitted to the website/App: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Swirl policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful.
- Agree to indemnify the company and its affiliates of 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.
CLAIMS AGAINST OBJECTIONABLE CONTENT
We use our prudence and do timely audits/check on our website/app. Accordingly, the Company operates on a “notice and takedown” basis. If you believe that any content on the website/App is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (” Objectionable Content “), please notify us immediately in the address mentioned on our Contact Us Page. Once notified, Company will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time
Copyright, authors’ rights and database rights
All content included on the website/App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company its affiliates or its content suppliers and is protected by Indian copyright, authors’ rights and database right laws. The compilation of all content on this website/App is the exclusive property of the Company and its affiliates and is protected by laws of Indian copyright and database right laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without the Company and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without the Company and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without the Company and / or its affiliates (as may be applicable) express written consent.
INTELLECTUAL PROPERTY CLAIMS
The Company and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way which infringes or you have a concern of infringement of your trade name, brand name and/or trade mark, please notify us.
Goswirl.live, Swirl, Getnatty and other marks as indicated on our website are trademarks or registered trademarks of The Company or its subsidiaries (collectively “The swirl Platform”), in India. The graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of the Company. It is to be noted that any of the company’s Swirl’s trademarks and trade dress may not be used in connection with any product or service that is not Swirl’s, in any manner and/or that is likely to cause confusion among customers, or in any manner that disparages or discredits it. All other trademarks not owned by Company that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
You acknowledge and undertake that you are accessing the services on the platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with the company nor shall the company shall have any obligations or liabilities in respect of any transactions on the website.
INDEMNITY AND RELEASE
Notwithstanding anything contained in this agreement, You shall indemnify and hold harmless the Company its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
When you visit our website or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you hereby consent in totality to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.
By registering on The swirl Platform website/App you explicitly agree to be contacted by our personnel/send you SMS’s related to our services even if the contact number you have entered is on DND (Do not Disturb).
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
ALTERATION OF SERVICE OR AMENDEMENTS TO THE CONDITIONS
We reserve the right to make changes to our website, App, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website/App or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously as placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
EVENTS BEYOND OUR REASONABLE CONTROL
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
GOVERNING LAW AND JURISDICTION
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Vadodara.
A “cookie” is a small piece of information stored by a web server on a web browser so it can be later read back from that browser. Cookies are useful for enabling the browser to remember information specific to a given user. We place both permanent and temporary cookies in your computer’s hard drive. The cookies do not contain any of your personally identifiable information.
- 1. Sharing of personal information
- We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities as related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
21.2.Links to Other Sites
Our Website links to other websites that may collect personally identifiable information about you. The Company is not responsible for the privacy practices or the content of those linked websites and you are advised to use your discretion while accepting those terms and conditions while providing your consent.
Our Platform has stringent security measures in place to protect the loss, misuse, and alteration of the information under our control. Whenever you change or access your account information, we offer the use of a secure server. Once your information is in our possession we adhere to strict security guidelines, protecting it against unauthorized access.
We use third-party advertising companies to serve ads when you visit our Platform. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
- You acknowledge and undertake that you are accessing the services on the platform and transacting at your own risk and are using your best and prudent judgment while operating the website.
- While we have taken precautions to avoid inaccuracies in content, this website, all content, software and related graphics are provided as is, without warranty of any kind.
This website is operated by GetNatty Designtech private limited . For the website, you could contact us by visiting: www.goswirl.live/contact-us/