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TERMS AND CONDITIONS

The domain name and Website swole.army is owned by SWOLE, a company incorporated under The Partnership Act, 1932 with its registered office at 250/A/32 Grand Trunk Road, Liluah, Howrah – 711204.



TERMS FOR USERS

The use of the Website or any of its services – browsing and accessing information, the transactions made are subject to binding rules, guidelines, policies, terms, and conditions applicable to such services provided.

The User is any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. The User is granted a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

SWOLE enables the User to surf the Website even without registration.

The User will be required to enter a valid phone number and email id while placing an order on the Website. Therefore, the User consents to be contacted by SWOLE via phone calls and/or SMS notifications and/or email notifications, in case of any order or shipment or delivery related updates. Personal information of the User will not be used to initiate any promotional phone calls or SMS.

The User shall be held accountable for all activities occurring under his/her registered User Name and Password. If any provided information is untrue, inaccurate, not current or incomplete or there are reasonable grounds to suspect so, or not in accordance with the Terms and Conditions, SWOLE shall have the right to indefinitely suspend or terminate or block access of the User on the Website and refuse to provide so any further.

Those ‘incompetent’ including undischarged insolvents and/or people acting under false pretence are not eligible to become a User. SWOLE reserves the right to terminate membership and / or refuse to provide the User access to the Website to such individuals.

The User consents to communicate with SWOLE through electronic media, while accessing the Website and/or establishing communication through email.

SWOLE is not and cannot be held responsible in any manner for any transaction between the Users. SWOLE cannot take responsibility of the information provided by other Users, available on the Website if the information is offensive, harmful, inconsistent, inaccurate, or deceptive. Apply caution and practise safe browsing.

Registration on the Website is free for all Users, no fee is charged for browsing and buying on the Website. SWOLE reserves the sole discretion to change the Fee Policy, introduce new services and modify some or all of the existing services offered, from time to time. Under such a circumstance, fees for the new services offered or existing services, may be introduced, as the case may be. Such changes shall be posted on the Website and shall automatically become effective immediately. Unless mentioned otherwise, all fees shall be quoted in Indian Rupees. The User is solely responsible for compliance to all applicable laws including those in India for making payments to SWOLE.

The User shall not display, upload, modify, publish, transmit, update or share any information which:

  • belongs to any other person
  • is grossly harmful, harassing, blasphemous, bigoted, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically, sexually 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
  • harasses or advocates harassment of another person
  • promotes illegal activities or abusive conduct
  • infringes upon or violates any rights of privacy and publicity
  • promotes an unauthorized copy of another person’s copyrighted work or providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices
  • contains restricted or password-only access pages, or hidden pages or images
  • 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 – a minor or an adult.
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  • engages in commercial activities and/or sales without prior written consent from SWOLE such as contests, sweepstakes, barter, advertising and pyramid schemes. A prior written consent means a communication coming from SWOLE, specifically in response to User request, and specifically addressing the activity or conduct for which authorization is seeked;
  • solicits gambling or engages in any gambling activity, all of which are illegal;
  • interferes with another User’s use and enjoyment of the Website and its services
  • refers to any website or URL that contains material that is inappropriate for the Website and contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions
  • 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
  • violates any law for the time being in force;
  • deceives or misleads the 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, cancel bots, 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 be false, inaccurate or misleading;
  • shall, 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 create liability for or cause SWOLE to lose (in whole or in part) the services of internet service provider (“ISPs”).

The User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any illegitimate means.

 The User shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the 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 the Website.

 The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about SWOLE – the brand name or domain name, or engage in any conduct or action that might tarnish or dilute the image or reputation, of the trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name. The User agrees not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or the systems and networks connected to it.

The User agrees 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.

  The User shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of SWOLE and / or others.

 The User shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.

 The User agrees to enable SWOLE to use the registered information supplied by the User, without violating any rights, and agrees to grant a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights in User information, in any media now known or not currently known, with respect to User information. The information will be used in accordance with the Terms and Conditions, and Privacy Policy applicable to use of the Website.

 The User authorizes SWOLE the right to disclose any information about the User to law enforcement or other government officials, as may be believed necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

The User shall receive push notifications in their logged-in devices, if he/she acknowledges and consents to do so at any instance. These may include alerts and latest product updates, and shall not be spam messages.

SWOLE reserves the right to monitor the data posted on the Website and the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of the Terms and Conditions. The User remains solely responsible for the content posted by the User in the Website and/or in any communication and the content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

 SWOLE does not approve of the unfortunate event of unauthorized users or “hackers” transmitting offensive or obscene content on the Website to which the User may be involuntarily exposed. SWOLE also does not approve of others obtaining personal information about the Users without the intentions including, but not limited to harassment and/or injury. The Users are thus warned to exercise care in disclosing or sharing personal information with others on the Website.

 SWOLE shall have all the rights to take necessary action and claim damages that may occur due to User involvement/participation in any way in person or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

TERMS OF CONTENT BY WEBSITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork – collectively called “Content” – is the responsibility of SWOLE, except as expressly provided in the Terms of Users.

No part of the Website and/or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without SWOLE’s exclusively-documented consent.

The information on the products and services made available on the Website can be downloaded, provided that

  • no proprietary notice language is removed from any copies of such documents
  • use of such information is only for personal, non-commercial, informational purpose and cannot be copied or posted on any networked computer or broadcast it in any media
  • no modifications are made to any such information
  • no additional representations or warranties are made, relating to such documents.

The User shall be responsible for any Content – notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information – posted or transmitted to the Website. Such Content will become property of SWOLE as the User grants worldwide, perpetual and transferable rights in such Content. Consistent with the Privacy Policy and Rules of Conduct on Site as mentioned herein as adopted in accordance with applicable law, the Content or any of its elements can be of use to the Website forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content provided and the User is not entitled to any payment or other compensation for such use.

PRIVACY

The trust of the User is highly valued by SWOLE. Protection of User privacy is a very significant issue. The Personal information of the User is a very important asset and the collection and processing of such Information, including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers is protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. 


User details may be shared with other organisations and affiliates in order to process the order, deliver the products and to provide after-sales service. Information may be shared in order to comply with legal obligations, to enforce User Agreement, to facilitate marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the services provided. No Personal information is provided to third parties for marketing and advertising purposes without explicit consent of the User.

Any information required to be shared with 3rd parties like government offices, law enforcement officers will be done by law and in good faith.
In case of disagreement with the Policy, kindly abstain from accessing the Website.

To delete account from website and unsubscribe, the User has to contact SWOLE by email at contact@swole.army with essential account information in the deletion request. The request shall be processed within 15 working days.

TRADEMARK, COPYRIGHT AND RESTRICTIONS
This site is controlled and operated by SWOLE and the products are sold by SWOLE too. All the Content on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other Intellectual Property Rights. The Content is solely for the personal, non-commercial use of the User. The User must not copy, reproduce, republish, upload, post, transmit or distribute such Content in any way, including by email or other electronic means and whether directly or indirectly, and must not assist any other person to do so.

DISCLAIMER OF WARRANTIES AND LIABILITIES
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to the User through the Website are provided on “as is” and “as available” basis without any representation or warranties. SWOLE does not warrant that:

  • This Website will be constantly available, or available at all.
  • SWOLE does not warrant that the Website; Information, Content, Materials, Product (including software) or services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components.

PLACING AN ORDER
The product(s) needs to be selected with the correct size and added to Cart. The User must provide billing and shipping address, review all items and pricing and finally place the confirmed order.
The User shall be intimated about the confirmation.

SWOLE reserves the right to reject or cancel any order in case

  • The product is not available / in stock
  • The billing information is not correct or not verifiable
  • The order has been suspected of fraudulent activity
  • The address provided is invalid
  • Force Majeure
  • In the event of misspelling, wrong pricing or other errors in the website information

Checks shall be run prior to shipping the order, verifying the linked address and payment details.

Adjustments, including change in order and cancellation of orders  cannot be made to confirmed orders. All orders shall be processed and shipped as originally placed.


SALE & DISCOUNT CODES
Sale prices are valid only during the time of the sale and will not be applied to any orders placed / replaced before or after the time of the sale.
 Discount codes must be applied at the time of Checkout . Only one discount code can be used per order, unless specified otherwise.
Discount codes or price adjustment cannot be made once the order is confirmed and payment has been accepted.
Use of discount codes is subject to stock availability.
SWOLE reserves the right to refuse or cancel the use of a discount code without any further discussion.

PAYMENT
Prices of all products are displayed in Indian Rupees and exclusive of VAT. SWOLE reserves the right to change the price of a product at any time without any forewarning. However, any orders placed prior to this change cannot be amended to the revised price.
While availing any of the payment method/s available on the Website, SWOLE shall not assume responsibility or liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

  • Lack of authorization for any transaction/s, or
  • Exceeding the preset limit mutually agreed by You and between “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 Website by the User shall compulsorily be in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering the order, the User may be requested you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by the User for the purchase. This is done in the interest of providing a safe online shopping environment to the Users.

SWOLE and/or its service providers are specifically authorized to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery from the Users in respect of transactions through Payment Facility.

The User, on initiating a Transaction, enters into a legally binding and enforceable contract with SWOLE to purchase the products and /or services selected using the Payment Facility, and the User shall pay the Transaction Price through the Issuing Bank using Payment Facility.

In the case of extension / increase of Dispatch / Delivery time, the Transaction should be in compliance with Payment Facility Rules and Policies.

The User shall electronically notify SWOLE immediately upon Delivery or non-Delivery within the time period as provided in Policies. No notification by the User of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash-On Delivery transactions, the User is not required to confirm the receipt of products or services.
  

SWOLE reserves the right to refuse to process Transactions by Users with a prior history of questionable charges including any breach of Policy / violation of any law / charges imposed by Issuing Bank.

 SWOLE reserves the discretion to perform checks as it deems fit before approving the Users’ commitment to pay (for Cash-On Delivery transactions) for security reasons or other purposes. If the creditability of the User or genuineness of the Transaction is not established, the receipt may be cancelled.

 USERS’ TRANSACTION

All Valid Card and other payment instruments are processed using a legitimate Payment Gateway or appropriate payment system infrastructure and the same shall also be governed by the Terms and Conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the Gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the Terms and Conditions agreed to between User and the respective Issuing Bank.


DELIVERY
 The products ordered shall be delivered within 10-12 working days from the date of placing a confirmed order.
SWOLE cannot be held accountable for parcels delayed due to reasons beyond control, including but not limited to the following 

  • Customs
  • Service strikes
  • Civil commotion
  • Riot
  • Invasion
  • Terrorist attack or threat of terrorist attack
  • Weather
  • Natural disasters
  • Fire
  • Epidemics
  • Failure of public or private telecommunications networks. 

 

CONSUMER ELIGILBILTY & REGULATIONS

Only the Users who have purchased the products/services from SWOLE are eligible Post-sales Services.

The Users can lodge a complaint regarding any dispute within 7 days from the date of delivery of the product by writing to contact@swole.army

Any damage or loss to the product after delivery will not be covered under Post-sales Services and will completely be the User’s responsibility. The Users should refuse to accept delivery if the product is damaged.

Fraudulent charges and claims will not be entertained.

Blacklisted and/ or Blocked Users are not eligible for Post-sales Services.

Raising disputes does not necessarily entitle the User to a replacement for the product purchased. SWOLE shall verify the disputes so raised and may process only if such claims are valid and genuine.

SWOLE shall not entertain situations where the User purchases a product by mistake or chooses to change his/her mind after purchase.

SWOLE reserves the right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition, SWOLE may suspend, block, restrict, cancel the registration of such User and/or disqualify him/her.

SWOLE reserves the right to modify Consumer Eligibility and Regulations without any prior notice period to its Users.

SWOLE Team may seek additional information and clarification from Users to facilitate resolution of any dispute. If the User does not respond with information or clarification sought within 7 days of such request, the dispute shall be considered as resolved.

Decisions taken by SWOLE regarding any disputes shall be final and binding on its Users.

DISPUTES RESOLUTIONS

Any disagreement in product / service provided causing dissatisfaction at any transaction level, will be considered as Dispute.

In the case of Dispute, complaint can be lodged by writing to contact@swole.army within 7 days of product delivery.

Issues of potential disputes include:

  • Wrong item received
  • Item Not as described – damaged / broken seal / part or accessory missing / wrong specification / defective

SWOLE shall resolve the disputes at the earliest. If the complaint is found to be genuine, replacement will be provided to the User.

Decisions taken by SWOLE regarding any such disputes shall be final and binding on its Users.

REPLACEMENT

The User can request for replacement of product by writing to contact@swole.army within 7 days of product delivery.

Eligibility criteria for free Replacement are:

  • Damaged while Shipping
  • Defective Product
  • Product(s) were missing
  • Wrong Product delivered

In case the User desires to exchange a product for the same product of a size different than he/she had ordered, an extra ₹ 100 shall be charged for replacement. The User shall have to bear any courier charges post-initial Sales.

Products will not be eligible for replacement if:

  • Tampered
  • Original tags and packaging are not intact
  • Altered, washed, soiled or damaged in any way


Required product checks will be conducted by SWOLE. If the parameters are not met, the User shall not be eligible for Replacement.

SWOLE shall resolve the request for Replacement at the earliest. If the complaint is found to be genuine, the Product shall be replaced.
Decisions taken by SWOLE regarding any such requests shall be final and binding on its Users.

RETURN

The User can request for return of product by writing to contact@swole.army within 24 hours of product delivery.

Eligibility criteria for Return are:

  • Damaged while Shipping
  • Defective Product
  • Product(s) were missing
  • Wrong Product delivered

SWOLE shall resolve the request for Return at the earliest. If the parameters are not met, the User shall not be eligible for Refund. If the complaint is found to be genuine, the Product shall be replaced.

Decisions taken by SWOLE regarding any such requests shall be final and binding on its Users.

LIMITATION OF LIABILITY

In no event shall SWOLE be liable for any special, incidental, indirect or consequential damages of any kind in connection to the Terms and Conditions, even if the User has been informed in advance of the possibility of such damages.

EMAIL ABUSE & THREAT POLICY

SWOLE maintains professional, courteous and respectful manner in all its communications and correspondence, and encourages the Users to be so.

However, SWOLE shall investigate and can take action regarding certain types of unwanted communication  that violate the policies, under following circumstances:

  • Users sending explicit threats of bodily harm.
  • Users misusing the Website.

SWOLE prohibits user-to-user threats of physical harm via any method including phone, email and on the Website.

SWOLE will never ask the User to provide sensitive information via email. In case any spoof (fake) email inquires such details, the User is requested to report the same to SWOLE via email.

SWOLE does not send Spam mails to any Users.

Violations of the Policy may result in actions, including:

  • Account suspension
  • Cancellation of listings 


PROFANITY POLICY

SWOLE prohibits the use of language that is racist, hateful, sexual or obscene in nature in all its Content.

If any User indulges in any such activity during any correspondence, disciplinary action may be taken that may cause in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

SWOLE will consider the circumstances of an alleged policy violation and the User’s records.

 
APPLICABLE LAW

Terms and Conditions shall be governed by and interpreted and construed in accordance with the laws of India.

SWOLE reserves the right to modify the Terms and Conditions at any time, without prior notice. It is the responsibility of the User to stay updated, by reviewing the terms and conditions regularly. Continued use of the User, following any modifications imply that the changes are accepted and agreed to.

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