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Terms and Conditions - Swadesee
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OVERVIEW

This website is operated by Swadesee. Throughout the site, the terms “we”, “us” and “our” refer to Swadesee. Swadesee offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Swadesee is a Sole Proprietorship owned and managed by Mohit Bagadia.

By visiting our site and/ or booking something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available. These Terms of Service apply to all users of the site, including without limitation users who are browsers, Local Experts, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 –  SERVICE DESCRIPTION

The Service an online platform that connects local experts who have unique knowledge of and experience with a particular travel destination or activity (“Local Experts”) with travellers seeking to receive services related to such destinations and activities (“Travellers”). (“Local Experts”) lead experiences on the ground. Travellers may select Local Experts (or may request that Swadesee attempt to connect them to a Local Expert) to provide the Traveller with an Experience.

Swadesee makes available a platform for Travellers and Local Experts to meet online and arrange for Experiences. Swadesee is not an operator of tours, activities or Experiences, nor is it a Local Expert of tours or activities, and Swadesee does not own, sell, resell, furnish, provide, manage and/or control any transportation or tour services. Swadesee’s responsibilities are limited to: (i) facilitating the availability of the Services; (ii) serving as the limited agent of each Local Expert for the purpose of accepting payments from Travellers on behalf of the Local Expert

YOU UNDERSTAND AND AGREE THAT SWADESEE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LOCAL EXPERTS AND TRAVELLERS, NOR IS SWADESEE AN AGENT OR INSURER. THE SERVICES ARE INTENDED TO BE USED TO FACILITATE THE CONNECTIONS BETWEEN LOCAL EXPERTS AND TRAVELLERS. SWADESEE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY EXPERIENCES. SWADESEE HAS NO CONTROL OVER THE CONDUCT OF LOCAL EXPERTS, TRAVELLERS AND OTHER USERS OF THE SERVICES OR ANY EXPERIENCES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. ACCORDINGLY, THE PLANNING OR PARTAKING OF ANY EXPERIENCES ARE AT THE LOCAL EXPERT’S AND/OR TRAVELLER’S OWN RISK.

 

SECTION 2 – REGISTRATION

You may be required to register with Swadesee in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 10 years of age, you are not required to register. In addition, if you are under 18 years old, you may use the Service, with or without registering, with the accompaniment or approval of your parent or guardian.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 3 – MODIFICATION OF SERVICES

Swadesee reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Swadesee will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

SECTION 4 – LOCAL EXPERT OBLIGATIONS

As a Local Expert, you may request to Become A Local Expert that showcases your experience, activities you can lead, and the type of Experiences you can help Travellers plan. Profiles will be made by Swadesee that will publicly available via the Services, and other Members may contact you based on the information provided in your Profile. You acknowledge and agree that you are responsible for your Profiles and your own acts and omissions and are also responsible for the acts and omissions of any individuals who are present during the Experience at your request or invitation, excluding the Traveller (and the individuals the Traveller invites to the Experience, if applicable).

You understand and agree that Swadesee does not act as an insurer or as a contracting agent for you as a Local Expert. If a Traveller requests your expertise for an Experience and participates in your Experience, any agreement you enter into with such Traveller is between you and the Traveller and Swadesee is not a party thereto. Notwithstanding the foregoing, Swadesee serves as your limited authorized agent:

for the purpose of accepting payments from Travellers on your behalf, and is responsible for transmitting such payments to you, subject to these Terms of Service, and

You are responsible for all other bookings, including without limitation on-the-ground arrangements, tours or experiences you host, restaurants and similar bookings.

You represent and warrant that your Profile and your planning of and/or guidance on any Experience:

  • will not breach any agreements you have entered into with any third parties (such as any agreements with or rules of employers or local tourism agencies)
  • will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any such Experience, including, but not limited to, tourism, tour guide licensing laws, and other laws governing events and tours of public spaces and other venues and (b) not conflict with the rights of third parties.
  • Will provide correct bank details in order for payments to be processed.

Please note that Swadesee assumes no responsibility for any Local Expert’s or Traveller’s compliance with any applicable laws, rules and regulations. Swadesee reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Swadesee, in its sole discretion, considers being objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.

Swadesee recommends that Local Experts and Travellers obtain appropriate insurance for their Experiences. Please review any insurance policy that you may have for your Experience carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inaction of Travellers (and the individuals the Traveller invites to the Experience, if applicable) while participating in your Experience.

SECTION 5 – USER CONTENT 

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Swadesee and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Swadesee are non-confidential and Swadesee will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Swadesee may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Swadesee, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

SECTION 6 – THIRD PARTY WEBSITES

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Swadesee has no control over such sites and resources and Swadesee is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Swadesee will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Swadesee is not liable for any loss or claim that you may have against any such third party.

 

SECTION 7 – REFUND/CANCELLATION POLICY

Traveller – Cancellation policies are unique, subject to the nature and scope of every experience. We request you to read the General Guidelines and know about your experience’s Cancellation Policy before you book the experience. If you feel that the cancellation details were not as mentioned on the experience page, we request you to contact swadeseeindia@gmail.com or call us on +91-9920286319 and we will look into the experience. If the Local Expert cancels an experience we will either try to accommodate another experience for you or provide you with a full refund. You will not be eligible for refunds if you arrive late for an experience.

 

SECTION 8 – INDEMNITY AND RELEASE

You agree to release, indemnify and hold Swadesee and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

 

SECTION 9 – DISCLAIMER OF WARRANTIES

Your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Swadesee expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Swadesee makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.

 

SECTION 10 – LIMITATION OF LIABILITY

You expressly understand and agree that Swadesee will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Swadesee has been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the service or with these terms of service, your sole and exclusive remedy is to discontinue use of the service.

 

SECTION 11 – TERMINATION

You agree that Swadesee, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Swadesee believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Swadesee may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Swadesee may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Swadesee will not be liable to you or any third party for any termination of your access to the Service.

SECTION 12 – USER DISPUTES

You agree that you are solely responsible for your interactions with any other user in connection with the Service and Swadesee will have no liability or responsibility with respect thereto. Swadesee reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service. If Swadesee, does enter into disputes, the managements decision will be final.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 – YOUR PRIVACY

At Swadesee, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

SECTION 16 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Mumbai, Maharashtra.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at swadeseeindia@gmail.com