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TERMS OF USE

Last updated: September 13, 2025

 

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and SwaLay Digital, doing business as SwaLay ("SwaLay", “we”, “us”, or “our”), concerning your access to and use of the https://swalay.in or https://swalay.talantoncore.in website, as well as any other media form, media channel, mobile website, or mobile application linked or connected thereto (collectively, the “Site”). We are registered in India and have our registered office at TalantonCore HO, C-4, 4/19, Sector-2, Ghaziabad, Uttar Pradesh 201005.

By accessing the Site, you confirm that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms, conditions, or documents that may be posted on the Site from time to time are expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time. We will alert you about any changes by updating the “Last updated” date. You waive any right to receive specific notice of each such change. You are responsible for regularly reviewing these Terms to stay informed of updates. Your continued use of the Site after the posting of revised Terms will constitute your acceptance of those changes.

The information on the Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Individuals who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws.

This Site is not designed to comply with industry-specific regulations (e.g., HIPAA, FISMA, GLBA) and should not be used in a manner that would be subject to such laws.

The Site is intended for users who are at least 18 years of age. By using the Site, you represent that you are at least 18 years old. If you are a minor (under the age of 18) in your jurisdiction, you must have your parent or legal guardian’s permission and direct supervision to use the Site.

2. Intellectual Property Rights

Unless otherwise stated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws of India and various international laws.

The Content and Marks are provided on an “AS-IS” basis for your personal, non-commercial use only. Except as expressly provided in these Terms, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express written permission.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, Content, and Marks.

3. User Representations

By using the Site, you represent and warrant that:

  1. All registration information you submit is true, accurate, current, and complete.

  2. You will maintain the accuracy of such information and promptly update it as necessary.

  3. You have the legal capacity and agree to comply with these Terms of Use.

  4. You are at least 18 years of age, or if a minor, you have obtained parental consent and are using the Site under the direct supervision of your parent or guardian.

  5. You will not access the Site through automated or non-human means, such as bots or scripts.

  6. You will not use the Site for any illegal or unauthorized purpose.

  7. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site.

4. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that the username is inappropriate, obscene, or otherwise objectionable.

5. Products and Services

We make every effort to display the colors, features, specifications, and details of the products and services as accurately as possible. However, we do not guarantee that these details will be accurate, complete, reliable, current, or error-free. Your electronic display may not accurately reflect the actual colors. All products and services are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products or services at any time. Prices are subject to change without notice.

6. Purchases and Payment

We accept various forms of payment, including:

  • Visa

  • Mastercard

  • American Express

  • Discover

  • PayPal

  • UPI

  • Netbanking

  • Credit/Debit Cards

  • Digital Wallets

You agree to provide current, complete, and accurate purchase and account information for all purchases. You also agree to promptly update your account and payment information, including your email address and payment method details, so we can complete your transactions. Sales tax and applicable fees will be added to the price of purchases as required by law. Prices may change at any time. All payments shall be in Indian Rupees (INR).

By placing an order, you agree to pay all charges at the prices then in effect and authorize us to charge your chosen payment provider for such amounts. We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, using the same payment method, and/or using the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

7. Return/Refunds Policy

All sales are final, and no refunds will be issued unless a different policy is explicitly stated for a specific product or service on its dedicated page.

8. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user, you agree not to:

  • Systematically retrieve data from the Site to create a compilation or database without our written permission.

  • Deceive, defraud, or mislead us or other users, particularly in an attempt to learn sensitive account information like passwords.

  • Interfere with or circumvent security-related features of the Site.

  • Disparage, tarnish, or harm us and/or the Site.

  • Use any information from the Site to harass, abuse, or harm another person.

  • Make improper use of our support services or submit false reports.

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing or linking to the Site.

  • Upload or transmit viruses, Trojan horses, or other material that interferes with the Site's operation or another user's enjoyment.

  • Engage in any automated use of the system, such as using scripts or data mining tools.

  • Attempt to impersonate another user or person.

  • Upload or transmit any material that acts as a passive or active information collection mechanism (e.g., "spyware").

  • Interfere with, disrupt, or create an undue burden on the Site or its networks.

  • Harass, annoy, intimidate, or threaten our employees or agents.

  • Attempt to bypass any measures designed to restrict access to the Site.

  • Copy or adapt the Site's software, including but not limited to its code.

  • Decipher, decompile, disassemble, or reverse engineer any of the Site’s software.

  • Use, launch, develop, or distribute any automated system, such as a spider, robot, or scraper, that accesses the Site.

  • Use a buying or purchasing agent to make purchases on the Site.

  • Collect usernames or email addresses of users for unsolicited email.

  • Use the Site to advertise or offer to sell goods and services without our prior consent.

  • Sell or otherwise transfer your user profile.

9. User-Generated Contributions

The Site may allow you to create, submit, post, display, transmit, publish, or broadcast content and materials, including but not limited to text, video, audio, photographs, graphics, comments, and other personal information (collectively, "Contributions"). Contributions may be viewable by other users and on third-party websites. By creating or making Contributions, you represent and warrant that:

  • The creation and use of your Contributions do not infringe on the proprietary rights of any third party.

  • You are the creator and owner of the Contributions or have the necessary licenses and rights to use and authorize us and other users to use them.

  • You have the written consent of every identifiable person in your Contributions to use their name or likeness.

  • Your Contributions are not false, inaccurate, or misleading.

  • Your Contributions are not unsolicited or unauthorized advertising, spam, or other forms of solicitation.

  • Your Contributions are not obscene, violent, harassing, libelous, or otherwise objectionable.

  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

  • Your Contributions do not promote violence or violate any applicable law or regulation.

  • Your Contributions do not violate the privacy or publicity rights of any third party.

  • Your Contributions do not contain offensive comments related to race, national origin, gender, sexual preference, or disability.

  • Your Contributions do not violate these Terms of Use.

Any violation of these provisions may result in the termination or suspension of your rights to use the Site.

10. Contribution License

By posting your Contributions to any part of the Site, you automatically grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to host, use, copy, reproduce, disclose, sell, publish, broadcast, and distribute such Contributions (including your image and voice) for any purpose, commercial or otherwise. This license also allows us to prepare derivative works or incorporate your Contributions into other works.

This license applies to all media formats and channels, now known or hereafter developed. You waive all moral rights to your Contributions and warrant that no moral rights have been asserted against them.

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and associated intellectual property rights. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions and agree to indemnify us from any liability related to them.

We have the right, but not the obligation, to edit, redact, re-categorize, or delete any Contributions at any time, for any reason, without notice. We are not obligated to monitor your Contributions.

11. Guidelines for Reviews

If the Site provides areas for you to leave reviews, you must comply with the following criteria:

  1. You must have firsthand experience with the person or entity being reviewed.

  2. Your reviews must not contain offensive, abusive, racist, or hateful language.

  3. Your reviews must not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

  4. Your reviews must not contain references to illegal activity.

  5. You should not be affiliated with competitors if posting negative reviews.

  6. You must not make conclusions about the legality of any conduct.

  7. You must not post any false or misleading statements.

  8. You must not organize a campaign to encourage others to post reviews.

We may accept, reject, or remove reviews in our sole discretion. We have no obligation to screen or delete reviews, even if they are considered objectionable or inaccurate. Reviews are not endorsed by us and do not represent our opinions. We are not liable for any review or any claims, liabilities, or losses resulting from a review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, and sublicensable right to reproduce, modify, translate, and distribute all content related to your review.

12. Social Media

As part of the Site's functionality, you may link your account with third-party social media accounts ("Third-Party Accounts"). By granting us access to your Third-Party Accounts, you understand that we may access and store content you have provided to and stored in those accounts (the “Social Network Content”). We are not responsible for reviewing any Social Network Content for accuracy, legality, or non-infringement. Your relationship with third-party service providers is governed solely by your agreements with them. You can disable the connection between your SwaLay account and your Third-Party Accounts at any time through your account settings or by contacting us.

13. Submissions

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or its offerings ("Submissions") provided by you to us will be considered non-confidential and will become our sole property. We will own exclusive rights to these Submissions and will be entitled to their unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without any acknowledgment or compensation to you. You waive all moral rights to any such Submissions and warrant that they are original to you.

14. Third-Party Websites and Content

The Site may contain links to other websites ("Third-Party Websites") and content from third parties ("Third-Party Content"). We do not investigate, monitor, or check such content for accuracy or completeness. We are not responsible for any Third-Party Websites or Third-Party Content. Your decision to leave the Site and access a Third-Party Website is at your own risk, and you should be aware that these Terms of Use no longer apply. Any purchases you make through Third-Party Websites are exclusively between you and the third party. You agree to hold us harmless from any harm or losses related to Third-Party Content or Third-Party Websites.

15. Site Management

We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms.

  2. Take appropriate legal action against anyone who violates the law or these Terms, including reporting them to law enforcement.

  3. Refuse, restrict, or disable any of your Contributions.

  4. Remove from the Site or disable files and content that are excessive in size or burdensome to our systems.

  5. Otherwise manage the Site to protect our rights and property and ensure its proper functioning.

16. Privacy Policy

Your privacy and security are important to us. Please review our Privacy Policy at https://swalay.in/privacypolicy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Site and its offerings are hosted in India. If you access the Site from another region, you consent to the transfer and processing of your data in India. We do not knowingly collect personal information from children under the age of 18 without verifiable parental consent. If we become aware that such information has been provided, we will delete it as quickly as possible.

17. Grievance & Copyright Policy

We respect the intellectual property rights of others. If you believe any material on the Site infringes your copyright or intellectual property rights, please notify our Designated Grievance & Copyright Officer immediately.

Copyright & IP Infringement Notification:

To file a notification, you must provide the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right.

  2. Identification of the work claimed to have been infringed.

  3. Identification of the material that is claimed to be infringing and its location on the Site.

  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and email.

  5. A statement that you have a good faith belief that the use of the material is not authorized by the owner, its agent, or the law.

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

Grievance Officer and Copyright Agent:

For any intellectual property or other grievances, please contact our designated officer:

Name: Harsh Sharma

Designation: Grievance & Copyright Officer

Address: TalantonCore HO, C-4, 4/19, Sector-2, Ghaziabad, Uttar Pradesh 201005, India

Email: swalay.care@talantoncore.in

Phone: (+91) 011-69268163

Disclaimer: Please be aware that under applicable law, you may be held liable for damages if you materially misrepresent that material is infringing. You should consider consulting with a legal professional before submitting a claim.

 

18. Term and Termination

These Terms of Use remain in effect while you use the Site. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason, including for a breach of these Terms or any applicable law. We may terminate your use of the Site or delete your account at any time, without warning. If we terminate your account, you are prohibited from creating a new account. We reserve the right to take appropriate legal action.

 

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time without notice. We are not obligated to update any information on the Site. We may also modify or discontinue all or part of the services offered at any time without notice. We will not be liable for any modification, price change, suspension, or discontinuance of the Site or its services.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance, which may result in interruptions, delays, or errors. You agree that we have no liability for any loss or inconvenience caused by your inability to access or use the Site during downtime. We are not obligated to maintain or support the Site or to provide corrections, updates, or releases.

 

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India. You and SwaLay Digital irrevocably consent that the courts of Uttar Pradesh, India shall have exclusive jurisdiction to resolve any dispute.

 

21. Dispute Resolution

Binding Arbitration:

Any dispute arising from or in connection with this contract shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 of India. The arbitration will be conducted by a single arbitrator appointed by mutual consent. The seat of arbitration shall be Ghaziabad, Uttar Pradesh, India. The language of the arbitration proceedings shall be English.

Class Action Waiver:

The Parties agree that any arbitration shall be limited to the dispute between the Parties individually. To the full extent permitted by law, no arbitration shall be joined with any other proceeding, and there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures.

Exceptions to Arbitration:

The following disputes are not subject to the above arbitration provisions: (a) disputes seeking to enforce or protect intellectual property rights; (b) disputes related to theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

 

22. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time without prior notice.

 

23. Disclaimer

THE SITE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES; (2) PERSONAL INJURY OR PROPERTY DAMAGE; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS; (4) INTERRUPTION OR CESSATION OF TRANSMISSION; (5) BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED BY ANY THIRD PARTY; AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE VIA THE SITE.

 

24. Limitations of Liability

IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR ₹3,000 (INR). CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

25. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Site; (3) your breach of these Terms of Use; (4) your violation of the rights of a third party, including intellectual property rights; or (5) any harmful act toward another user. We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

 

26. User Data

We will maintain certain data that you transmit to the Site for managing its performance. Although we perform regular backups, you are solely responsible for all data you transmit. You agree that we have no liability for any loss or corruption of such data and you waive any right of action against us for any such loss.

 

27. Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms are electronic communications. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.You waive any rights or requirements under any laws in any jurisdiction that require an original signature or non-electronic records.

 

28. Miscellaneous

These Terms of Use and any policies or operating rules posted on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right shall not operate as a waiver of that right. These Terms operate to the fullest extent permissible by law. We may assign our rights and obligations to others at any time. We will not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is deemed unlawful or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms. You agree that these Terms will not be construed against us simply because we drafted them.

 

29. Contact Us

To resolve a complaint regarding the Site or to receive more information, please contact us at:

SwaLay Digital

TC HO, C-4, 4/19, Sector-2, Ghaziabad, Uttar Pradesh 201005, India

Phone: (+91) 011-69268163

Email: swalay.care@talantoncore.in

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