Policy # SIM-02-02-2020. Rev 00
1. This Website and application provides content without any warranties or guarantees and in an "As Is" and "where is" basis. You must bear the risks associated with the use of the Site. This Website and application provides content from other Internet sites or resources and while Swadeshi India Mart and its software support service provider tries to ensure that material included on the Website and application is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.
2. Swadeshi India Mart and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website and application.
3. Swadeshi India Mart, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website and application or that the operation of the Website and application will be error free and/or uninterrupted. Consequently, Swadeshi India Mart and its affiliates/associates assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website and application; and/or any interruption or errors in the operation of the Website and application.
4. You acknowledge and undertake that you are accessing the services on the Website and application and transacting at your own risk and are using your best and prudent judgment before placing any order or availing the services or entering into any transactions with us through our Website and application. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer's warranty/guarantee on the respective Product is assigned unto us and we hereby expressly disclaim and any all responsibility and liability in that regard.
5. Following remains applicable for customers using marketplace -
- You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. The Company make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
- The Company does not make any representation or warranties in respect of the products available on the Marketplace nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products on the Marketplace. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Marketplace or otherwise.
- You acknowledge and agree that the Company shall not, at any time, have any right, title or interest to any product(s), which is subject to a bipartite sale and purchase contract between you and the relevant third party seller. The Company does not have any control over the quality, failure to provide or any other aspect whatsoever of the product(s) and is not responsible for damages or delays on account of products which are out of stock, unavailable or back ordered.
- The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace.
6. Intellectual Property Rights
6.1 Unless otherwise indicated, the site and brand ‘Swadeshi India Mart’ is the properitary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphic on the site (collectively referred to as ‘Content’) and the trademarks, service marks, and logos contained therein (the ‘Marks’), are owned and controlled by us, licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Government of India, Foreign Jurisdictions and international conventions.
6.2 Swadeshi India Mart is an online e-commerce market place platform, where the products from marketplace are only reviewed and verified for their quality by the company. The products available for general retail, which are provided by established brands/companies (manufactured, packaged and sold for retail market) have not been reviewed by us for their quality, quantity and other synergistic information, and the seller i.e. the respective companies are responsible for assuring and ensuring the quality of such products. Swadeshi India Mart cannot guarantee the validity of information supplemented by such sellers, and the customer can reach out to such sellers at their own discretion.
7. Limitation of Liability
To the maximum extent permitted by applicable regulatory requirements, Swadeshi India Mart, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses to the company or sellers or product manufacturers, resulting from sale of products by Swadeshi India Mart. Any damages or losses incurred due to purchase of product to the respective customer, the firm is not responsible for any such losses and damages, as the firm is not accountable for manufacture, packaging or produce or synergistic effect of use. By purchasing products from website or app of Swadeshi India Mart, the customer agrees that in case of any liability accrued to the company due to negligence or error, the aggregate liability capped to the cost of the product/ The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the company have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.