Terms of Use

1. INTRODUCTION

1.1. This website, i.e. https://swayam.store/ (“Website”) and Swayam Sikkim’ mobile application (“Application”) (hereinafter collectively referred to as “Platforms”) is operated by Swayam Sikkim, “Swayam Sikkim is the initiative taken by the rural Sikkimese women which is supported by the government to make SHGs the drivers of rural economy. This brand represents 55000+ rural Sikkimese women and they make these products with love and utmost care. “

1.2. These terms of use (“Terms”) govern the terms of usage of our Platforms (as defined hereinbelow). These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.

1.3. These Terms are applicable for the Platforms.

2. GENERAL

You can determine when these Terms were last revised by referring to the date at the top of these Terms. Swayam Sikkim reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Platforms, you agree that you are using the Platforms solely at your discretion and in no way did Swayam Sikkim induce or invite or solicit you to visit our Platforms. You should not modify or edit or alter or use any content from the Platforms in any manner to hamper the position of Swayam Sikkim.

3. ELIGIBILITY AND CONSENT

3.1. By accessing the Platforms, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.

3.2. The listed seller(s) (“Seller(s)”) may also access the Website for listing their products to make them available for the Users to purchase.

3.3. If the Users are minors, i.e. under the age of 18 (eighteen) years (“Minors”), such Minors must use the Platforms under the supervision of a parent or a legal guardian who agree to be bound by the Terms.

3.4. It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

4. USE OF PLATFORMS

4.1. Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Platforms, which allows you to access and use the Platforms on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Platforms on the Devices solely for your own personal and non-commercial use.

4.2. Website:

4.2.1. The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.

4.2.2. The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.

4.3. The contents of the Website are best viewed with the latest version of Adobe Flash Player. Swayam Sikkim’ Website is compatible only with the above-mentioned software’s or programmes. Swayam Sikkim shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Swayam Sikkims or those instruments that may be purchased from any third-party which are not compatible with the Swayam Sikkim’ Website.

4.4. Further, Swayam Sikkim reserves the right to upgrade its Platforms from time to time to provide its service in the best possible manner.

4.5. Third-Party Links:

4.5.1. The Platforms may contain links to websites or applications offered by third parties (“Third-Party Sites”). We don’t control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our Platforms, including the information or content contained within them. Swayam Sikkim does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Swayam Sikkim of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.

4.5.2. Our Platforms may contain third-party content which may have opinions and views from the person. Swayam Sikkim shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Swayam Sikkim shall not be liable and in no way be held responsible for any claims arising therefrom.

4.5.3. You hereby agree that Swayam Sikkim has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Platforms as it deems fit at any time without notice. Swayam Sikkim makes no commitment, express or implied, to maintain or continue any aspect of the Platforms. You agree that the Swayam Sikkim shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Platforms.

4.6. Your Account:

4.6.1. The User will have to register with Swayam Sikkim in order to access certain services or areas of the Platforms. With respect to any such registration, we may refuse to grant to you the User-name you request. Your User name and password are for your personal use only.

4.6.3. It shall be the sole responsibility of the User to maintain the confidentiality of their account, password, and to prevent unauthorized access.

4.6.4. In furtherance to the foregoing, any User who wishes to modify the details of his/her account can do so by clicking on the ‘Your Account’ section on the Platforms.

4.6.5. Lastly, the User acknowledges that they are using their account only for the purpose of placing orders of the products listed on our Platforms.

4.7. Swayam Sikkim – Accountability

4.7.1. Pursuant to this Clause 4.7, the User acknowledges and understands that Swayam Sikkim is only a maketer and not manufacturer of the products.

5. MODE OF PAYMENT

5.1. Payment for the products available on the Platforms may be made by availing any of the following options (“Payment Methods”):

5.1.1. Payments can be made by Credit Card/Debit Card/Paypal/Net Banking/UPI/Swayam Sikkim Wallet/ Gift Cards.

5.1.2. Credit Card, Debit Card, UPI and Net banking payment options are recommended to ensure faster processing of your order.

5.1.3. Cash on delivery option is not available for any products available on the Platforms.

5.2. The User understands that the User may incur certain fees or charges on such payment methods.

5.3. Swayam Sikkim processes such payments through trusted and secured third party payment gateways to ensure safety of the transaction

5.4. Swayam Sikkim discounts, such as digital coupons, are also available in the wallet.

5.5. While availing any of the Payment Methods on the Platforms, we will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:

5.5.1. Lack of authorization for any transaction; or

5.5.2. Any payment issues arising out of the transactions; or

5.5.3. Decline of transaction for any other reasons.

5.6. The financial transaction undertaken by the User via any of the Payment Methods is a bipartite agreement between the User and the Seller of the products. The payment facility is merely provided by Swayam Sikkim to facilitate the completion of the transaction.

5.7. The mere use of payment facility shall not render Swayam Sikkim liable for the non – delivery, non – payment, damage, breach of representations and warranties, or fraud as regards to the products listed on Swayam Sikkim’ Platforms. However, if your loss has been caused by any reason mentioned in the Swayam Sikkim Return Policy (as defined hereinbelow), refund shall be generated accordingly.

5.8. The User accepts and agrees that the payment facility provided by Swayam Sikkim is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.

5.9. To the fullest extent provided by applicable law, you acknowledge and agree that Swayam Sikkim will not be liable for any actions or omission on the part of the Seller.

6. TRANSACTIONS

6.1. User Transactions

6.1.1. If you wish to purchase any product made available through the Platforms i.e. products sold by Swayam Sikkim (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including but not limited to, your payment details (such as your payment card number and expiration date), billing address, and shipping information.

6.1.2. By submitting such information, you grant to Swayam Sikkim the right to provide such information to third parties for purposes of facilitating the completion of Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

6.1.3. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Platforms are subject to change at any time without notice.

6.1.4. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.

6.1.5. The inclusion of any products on the Platforms does not imply or warrant that these products will be available in stock at all times for purchase.

6.1.6. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased from our Platforms. By placing an order, you represent that the products ordered will be used only in a lawful manner.

6.1.7. Swayam Sikkim reserves the right, with or without prior notice, to do any one or more of the following:

i. limit the available quantity of or discontinue any product;

ii. impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion;

iii. bar any User from making or completing any or all Transaction(s); and

iv. refuse to provide any User with any product.

6.1.8. You agree to pay all charges that may be incurred by you or on your behalf through the Platforms, at the price(s) in effect when such charges are incurred including but not limited to all shipping and handling charges, taxes.

6.1.9. Swayam Sikkim or our agents may call or message regarding your account or Transaction(s). You agree that we may place such calls or messages using an automatic dialing/announcing device. You agree that we may make such calls or messages to a mobile or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us through our customer service facility.

6.2. Limitations on quantity

6.2.1. Swayam Sikkim does not offer additional discounts on large orders of a single product or multiple products at all times. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Swayam Sikkim reserves the right to prohibit purchases of any products to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

6.2.2. However, a User may order products in bulk by availing the “Bulk” option under the “Sellers Area”. An order may qualify as bulk order if the quantity of each product exceeds 10 (Ten) units.

6.3. Colours

6.3.1. Swayam Sikkim strives to display as accurately as possible the colours of the products shown on the Platforms; however, Swayam Sikkim cannot and does not guarantee that your monitor’s display of any colour will be accurate.

6.4. Availability, Errors & Inaccuracies

6.4.1. Swayam Sikkim’ acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a product has been confirmed. Swayam Sikkim makes a conscientious effort to describe and display its products accurately on the Platforms. Despite these efforts, a small number of products on the Platforms may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Platform and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability.

6.4.2. Swayam Sikkim, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

6.5. Healthcare Information

6.5.1. THE INFORMATION CONTAINED IN THE PRODUCTS ASSURING ANY HEALTH BENEFIT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY PRODUCTS. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.

6.6. Rules for Promotions

6.6.1. Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the Platforms may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for any Promotion is in conflict with these Terms, the Promotion’s rules will apply.

6.7. Text Messages

6.7.1. Your carrier’s standard message rates will apply to your entry or submission message, Swayam Sikkim’ confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.

6.7.2. Swayam Sikkim will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.

6.7.3. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Swayam Sikkim as part of this service. Swayam Sikkim may use this information to contact you and provide products you request from Swayam Sikkim. Swayam Sikkim may also use this information as described in the subscription list you’ve enrolled in. Swayam Sikkim may use an automatic dialling system to deliver text messages to you.

7. RETURN AND REFUND

7.1. If you are not fully satisfied with your purchase of products sold by Swayam Sikkim, you may return it in accordance with “Swayam Sikkim’ Return and Refund Policy”.

7.2. Swayam Sikkim provides refund on products in accordance with its Swayam Sikkim’ Return and Refund Policy.

7.3. User can access the Swayam Sikkim’ Return and Refund Policy available at the Website.

8. CANCELLATION

8.1. You can cancel your order at any time without any cost before the product is dispatched. Please note that there may be a delay between the product’s dispatch and the delivery of dispatch confirmation e-mail to you. Swayam Sikkim’s decision shall be final regarding the question of whether any ordered product has been dispatched prior to the cancellation of your order.

9. CONTENT

9.1. Swayam Sikkim provides content on its Platforms which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.

10. PRICING INFORMATION

10.1. Swayam Sikkim strives to provide accurate and correct information at all times. However, sometimes errors may occur.

10.2. Swayam Sikkim can only confirm the actual price of the order once the order is placed.

10.3. Notwithstanding Clause 8 (Cancellation), we hold the right to cancel your order if the price of the product and/or product information is inaccurately listed due to some technical error. However, this Clause 10.3 would not apply in case the order has already been delivered.

10.4. In the event, where the price of the product and/or product information has been wrongly listed, Swayam Sikkim will first contact you for instructions and only upon your explicit instruction to process the order, will Swayam Sikkim deliver the order. In all other cases such an order shall be deemed to be not received.

10.5. Further, if we cancel the order and the payment for such order has already been made then such amount will be credited back to the source subject to the Return and Refund Policy of the Company.

10.16. Upon our sole discretion we may cease or discontinue listing a product on our Platforms. Further, we may also change the price and/or any other information about the product. Any such change may not be notified or intimated to you.

11. CHAT FUNCTION

11.1. We provide chat functionality to our Users, wherein the User can direct their queries to us via our WhatsApp business number.

11.2. We generally reply to the said query within 24 (twenty-four) hours. However, delays may occur.

11.3. Any use of the chat functionality shall be subject to the following conditions:

11.3.1. We may suspend the chat functionality without any prior notice.

11.3.2. We or our executives are not responsible for any delay caused in replying to the queries via chat functionality.

11.3.3. While using the chat functionality, you may not communicate anything threatening, unlawful, defamatory, obscene information or anything which may be in breach of the Terms.

11.3.4. The chat room shall not be used for any forms of solicitation.

11.3.5. You may chat with our customer care executive only if you agree to the said Terms.

12. MISCELLANEOUS

12.1. Application

12.1.1. The use of the Application requires use of a mobile device and wireless mobile data service, referred to as which must be obtained from your wireless carrier, and may require internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You may be required to send and receive, at your cost, electronic communications related to the Application, including without limitation, administrative messages, service announcements, diagnostic data reports, and Application updates, from Swayam Sikkim, your mobile carrier or third party service providers.

12.1.2. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Application. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Application, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Application.

12.1.3. The Application may not work with all devices or all mobile carriers. Swayam Sikkim makes no representations that the Application will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Application, or other third party service providers charge a fee for the products they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

12.2. Risk of loss

12.2.1. Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Platforms passes to the purchaser upon delivery by the carrier.

12.3. Intellectual Property (“IP”) infringement notice

12.3.1. Swayam Sikkim’ policy is to respond to notices of alleged infringement that comply with the applicable Indian laws. Copyright-infringing materials found on the Platforms can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the applicable Indian laws may apply.

12.3.2. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Swayam Sikkim’ copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Swayam Sikkim that your copyrighted material has been infringed. Swayam Sikkim does not and will not make any legal decisions about the validity of your claim of infringement or the possible defences to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Swayam Sikkim will respond by either taking down the allegedly infringing content or blocking access to it.

12.3.3. Any IP infringement notice must:

i. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);

ii. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the product on the Platforms. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

iii. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

iv. If available, provide information sufficient to permit us to notify the alleged infringer (email address preferred);

v. Be signed; and

vi. Be sent to our designated agent at the following address:

Attention: Tika Subba

Address: Tadong, Gangtok

Email: sikkimswayam@gmail.com

12.4. Jurisdictional Issues

12.4.1. The Platforms are controlled and operated by Swayam from Sikkim, and is not intended to subject Swayam Sikkim to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Platforms, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Platforms availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

13. INTELLECTUAL PROPERTY

Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Platforms (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Platforms. Our name and logo ‘Swayam Sikkim.’ is our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Platforms, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.

14. DELETING YOUR ACCOUNT

14.1.1. Swayam Sikkim reserves the right to delete your account in case you are found in violation of the Terms.

14.1.2. Swayam Sikkim will not be responsible for any losses arising out of such termination of account.

15. CONDUCT OF THE USERS

15.1. You hereby agree, undertake and covenant that, during the use of the Platforms, you shall not host, display, upload, modify, publish, transmit, update or share any information that:

15.1.1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;

15.1.2. infringes any patent, trademark, copyright or other proprietary rights;

15.1.3. violates any law for the time being in force;

15.1.4. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

15.1.5. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

15.1.6. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and

15.1.7. provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;

15.1.8. engages in commercial activities without ’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;

15.1.9. interferes with another Users use and enjoyment of the Platforms;

15.1.10. You may not decompile, reverse engineer, or disassemble the contents of the Platforms or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platforms or remove any copyright, trademark registration, or other proprietary notices from the contents of the Platforms.

15.1.11. You will not (a) use the Platforms for commercial purposes of any kind, or (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platforms in any way that is unlawful, or harms Swayam Sikkim or any of their Representatives. (as defined below)

16. CONFIDENTIALITY

As elaborated under the Privacy Policy, Swayam Sikkim will keep all confidential information confidential, including your personal information, and shall not disclose it to anyone except as provided in the Terms and required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information. Swayam Sikkim acknowledges that its employees, directors, agents and contractors (“Representatives”) shall use the confidential information only for the intended purpose for which it is provided. Swayam Sikkim shall use all reasonable endeavours to ensure that its Representatives acknowledge and comply with the provisions of these Terms of confidentiality.

17. PROPRIETARY RIGHTS

The Platforms are protected by copyright laws as well as other intellectual property laws as applicable. Swayam Sikkim and its licensors shall retain ownership in and to the Platforms and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Platforms subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.

18. PRIVACY POLICY

The Users agree that they have read through the privacy policy (“Privacy Policy”) that is provided on the Platforms and have understood and agreed to the terms incorporated therein. The Users consent to the use of their personal and non-personal information by Swayam Sikkim in accordance with the terms of as set forth in the Privacy Policy.

19. INDEMNIFICATION

You agree to indemnify and hold harmless Swayam Sikkim, its owners, licensors, suppliers, affiliates, subsidiaries, group companies (as applicable) and their Representatives, from any claims, suits, proceedings, disputes, demands, liabilities, damages, loss, costs, demand, or actions including reasonable attorneys’ fees, made by any third-party or penalty imposed due to or arising out of the User’s breach of these Terms, Privacy Policy and other policies, or the User’s violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third-party.

20. FEEDBACK AND SURVEYS

Any feedback you provide on the Platforms regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Platforms shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Swayam Sikkim is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Swayam Sikkim for the feedback or survey data under any circumstances, unless specified.

21. ASSIGNMENT

Swayam Sikkim reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.

22. TERMINATION

These Terms are effective unless and until terminated by either you or Swayam Sikkim.

You may terminate the Terms at any time, provided that you discontinue any further use of the Platforms. Swayam Sikkim may terminate the Terms at any time and may do so without any prior notice.

23. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE PLATFORMS ARE PROVIDED BY SWAYAM SIKKIM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. SWAYAM SIKKIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. SWAYAM SIKKIM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. SWAYAM SIKKIM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORMS OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, SWAYAM SIKKIM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORMS AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

24. LIMITATION OF LIABILITY

IN NO EVENT SHALL SWAYAM SIKKIM, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE PLATFORMS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORMS; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORMS BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SWAYAM SIKKIM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF NEORIGINS VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO NEORIGINS. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.

25. SEVERABILITY AND WAIVER

These Terms, the Privacy Policy and other referenced material herein or on the Platforms, are the entire agreement between you and Swayam Sikkim with respect to the Platforms as entailed herein, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Swayam Sikkim with respect to the service and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

26. JURISDICTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India and the language used shall be English

27. GRIEVANCE REDRESSAL

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

Name: Tika Subba

Address: Tadong, Gangtok

Contact: +91 77185 90396

Email ID: sikkimswayam@gmail.com