Terms And Condition
Your use of a SwitchMe website www.SwitchMe.in (hereinafter referred to as "SwitchMe") and services and tools are governed by the following terms and conditions. If you transact on SwitchMe, you shall be subject to the policies that are applicable to the website for such transaction. By use of the website, you are contracting with SwitchMe Technologies and Services Private Limited, a company incorporated under Companies Act, 1956 and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the SwitchMe Website is available only to persons who can form legally binding contracts 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 SwitchMe Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the SwitchMe and shall not transact or use SwitchMe website. As a minor if you wish to use or transact on SwitchMe, such use or transaction may be made by your legal guardian or parents who have registered as users of the SwitchMe. SwitchMe reserves the right to terminate your membership and refuse to provide you with access to the SwitchMe if it is brought to SwitchMe’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to SwitchMe, You agree and understand that You are communicating with SwitchMe through electronic records and You consent to receive communications via electronic records from SwitchMe periodically and as and when required. SwitchMe may communicate with You by email or by such other mode of communication, electronic or otherwise.
SwitchMe does not charge any fee for browsing on the SwitchMe Website. SwitchMe charges a fee for executing a switch in service providers on your behalf. However SwitchMe reserves the right to change the fee and change its policies from time to time. In particular, SwitchMe may at its sole discretion introduce new services and modify some or all of the existing services offered on the SwitchMe. In such an event SwitchMe reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on SwitchMe. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to SwitchMe.
Use of SwitchMe Website www.SwitchMe.in
You agree, undertake and confirm that your use of SwitchMe shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which You have no right to.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Is misleading in any way.
- Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- infringes upon or violates any third party's rights [(including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which SwitchMe, in its sole discretion, believes is or could be construed as being illegal;
- interferes with another user's use and enjoyment of the SwitchMe Website or any other individual's user and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. SwitchMe reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of SwitchMe website, or any other systems or networks connected to SwitchMe Website or to any SwitchMe’s server, computer, network, or to any of the services offered on or through SwitchMe Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of SwitchMe website or any network connected to SwitchMe website nor breach the security or authentication measures on SwitchMe website or any network connected to SwitchMe Website. You may not reverse look-up, reverse engineer, trace or seek to trace any information on any other user of or visitor to SwitchMe Website, or any other customer of SwitchMe, including any SwitchMe account not owned by you, to its source, or exploit SwitchMe Website or any service or information made available or offered by or through SwitchMe Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by SwitchMe Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of SwitchMe Website or SwitchMe’s systems or networks, or any systems or networks connected to the SwitchMe.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to SwitchMe on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through SwitchMe, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. SwitchMe shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on SwitchMe.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on SwitchMe and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of SwitchMe, and that the recipient may use such information to harass or injure you. SwitchMe does not approve of such unauthorized uses but by using the SwitchMe Website you acknowledge and agree that SwitchMe is not responsible for the use of any personal information that you publicly disclose or share with others on SwitchMe. Please carefully select the type of information that you publicly disclose or share with others on SwitchMe.
- SwitchMe shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
You may use information on SwitchMe products and services purposely made available by SwitchMe for downloading from the Site, provided that you
- Not remove any proprietary notice language in all copies of such documents,
- Use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media
- Make no modifications to any such information, and
- Not make any additional representations or warranties relating to such documents.
SwitchMe does not take responsibility or liability for the actions, products, content and services on SwitchMe website, which are linked to Affiliates and / or third party websites using SwitchMe APIs or otherwise. In addition, SwitchMe may provide links to the third party websites of affiliated companies and certain other businesses for which, SwitchMe assumes no responsibility for examining or evaluating the products and services offered by them, and SwitchMe does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). SwitchMe does not in any way endorse any third party website(s) or content thereof.
SwitchMe welcomes links to this site. You may establish a hypertext link to SwitchMe website, provided that the link does not state or imply any sponsorship or endorsement of your site by SwitchMe. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the SwitchMe, including any logos or characters, without the express written consent of SwitchMe and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the SwitchMe website without SwitchMe’s prior written consent.
We view protection of Your privacy as a very important principle. We understand clearly that you and Your Personal Information is one of our most important assets. We store and process Your Information on computers that may be protected by physical as well as reasonable technological security measures. If you object to your Information being transferred or used in this way please do not use SwitchMe Website.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on SwitchMe on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, SwitchMe does not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
SwitchMe will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, SwitchMe website. SwitchMe does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through SwitchMe website; their servers; or electronic communication sent from SwitchMe are free of viruses or other harmful components. Nothing on SwitchMe constitutes, or is meant to constitute, advice of any kind. You will be required to enter a valid phone number while placing an order on SwitchMe. By registering your phone number with us, you consent to be contacted by SwitchMe via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. SwitchMe will not use your personal information to initiate any promotional phone calls or SMS'.
While availing any of the payment method/s offered at SwitchMe, SwitchMe will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by you and between your "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s.
All payments made against the purchases/services on SwitchMe by you shall be compulsorily in Indian Rupees acceptable by the Union of India. SwitchMe does not accept any other form of currency with respect to the purchases made on SwitchMe.
Cancellation of order
SwitchMe reserves the right to cancel any order without any explanation for doing so, under situation where SwitchMe is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the SwitchMe policy or for any other reason. However, SwitchMe will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Refund of payment
SwitchMe will refund the payment made by the users in a case it is unable to process the order. Refund will not be made if such inability arises out of:
- User changing his/her mind after SwitchMe has made efforts towards fulfillment of the order.
- Incomplete or incorrect information provided by the user.
No refunds would be made after a switch has been completed.
Without limiting other remedies, SwitchMe may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the SwitchMe website in the event, but not limited to:
- If SwitchMe is unable to verify or authenticate any information you provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on SwitchMe is presented solely for the purpose of sale in India. SwitchMe makes no representation that materials in SwitchMe are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and SwitchMe is not responsible for compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by SwitchMe. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on SwitchMe web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We at SwitchMe respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at legal@SwitchMe.in.
SwitchMe.in tries to be as accurate as possible. However, SwitchMe does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
Limitation of Liability
IN NO EVENT SHALL SWITCHME BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF SWITCHME HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to legal@SwitchMe.in