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Terms of Services
All direct Customers of Thedigitalcards basic services are subject to the terms and conditions contained in the User Agreement. The User Agreement is a legal contract between SWAYS TRADING AND MARKETING PVT LTD and the User that contains the rights, duties and obligations of SWAYS TRADING AND MARKETING PVT LTD and the User
User Agreement
Your use of Thedigitalcards services is subject to the terms and conditions set forth in these SWAYS TRADING AND MARKETING PVT LTD Terms of Service ("Agreement"). This Agreement explains (i) what's allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights SWAYS TRADING AND MARKETING PVT LTD has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and SWAYS TRADING AND MARKETING PVT LTD and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.
Eligibility; Registration and Account Security
The Services are intended solely for users who are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization as prompted by the registration forms (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Thedigitalcards, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
You acknowledge and accept that despite the security measures SWAYS TRADING AND MARKETING PVT LTD takes in connection with the Services may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, SWAYS TRADING AND MARKETING PVT LTD may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that SWAYS TRADING AND MARKETING PVT LTD shall have no liability to you for any damage or loss that you may incur due to such corrective action.
SWAYS TRADING AND MARKETING PVT LTD does not recommend the use of the Services for sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.
SWAYS TRADING AND MARKETING PVT LTD reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Servers are backed up by us. It is our responsibility to maintain backups
User Content.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you in your login and customers of any of your branches. You are solely responsible for any communication between you and your customer through customer club .
You acknowledge and agree that SWAYS TRADING AND MARKETING PVT LTD may, but is not obligated to, monitor User Content and may immediately take any corrective action in SWAYS TRADING AND MARKETING PVT LTD sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that SWAYS TRADING AND MARKETING PVT LTD shall have no liability due to any corrective action that SWAYS TRADING AND MARKETING PVT LTD may take, including without limitation suspension or termination of Services
You hereby grant to SWAYS TRADING AND MARKETING PVT LTD, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content. Except for the rights expressly granted above, Thedigitalcards is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
Compliance with Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or the country in which you reside. The Services are controlled and operated by us from our offices within the India (although we may share data with third parties around the world to assist us in providing the Services) in other locations. We do not offer the Services where prohibited by law.
Any applicable national implementing laws in your jurisdiction, and with respect to your subscribers' or customers' personal data, you acknowledge and agree that you are the Controller and we are a Processor as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law.
Third Party Contents and Links
The Services may contain links to other websites that are not owned or controlled by SWAYS TRADING AND MARKETING PVT LTD ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply.
Billing and Payment.
Fees Due: You will pay to SWAYS TRADING AND MARKETING PVT LTD all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases: SWAYS TRADING AND MARKETING PVT LTD may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by SWAYS TRADING AND MARKETING PVT LTD on the Thedigitalcards website or in a promotional offer and (ii) at any time on or after expiration of the Initial Term by providing thirty (15) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by SWAYS TRADING AND MARKETING PVT LTD through the User billing panel or other methods of communications and notices sent or posted by SWAYS TRADING AND MARKETING PVT LTD.
Taxes: All taxes may be added to SWAYS TRADING AND MARKETING PVT LTD invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
Renewals: By purchasing the Services, you agree to allow SWAYS TRADING AND MARKETING PVT LTD to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of one (1) year, SWAYS TRADING AND MARKETING PVT LTD shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account.
Add-On Services: If you purchase certain add-on services from Thedigitalcards such as sms , you may be required to apply the Service to a specific username to begin using the Service. SWAYS TRADING AND MARKETING PVT LTD is not responsible if you fail to apply an addon and TRAI reject the sms header registration and will not provide refunds for any purchased but unused Services.
Failure to Pay: If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by SWAYS TRADING AND MARKETING PVT LTD, including without limitation, any arbitration and legal fees and SWAYS TRADING AND MARKETING PVT LTD's reasonable attorneys' fees. If any check is returned for insufficient funds, SWAYS TRADING AND MARKETING PVT LTD may impose a minimum processing charge of Rs 50.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation. If you make a late payment, we do not automatically reactivate the dedicated servers. Contact SWAYS TRADING AND MARKETING PVT LTD directly after you make a late payment to reactivate the Thedigitalcards membership.
Fraud: It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Disputes: You have ninety (30) days to dispute any charge or payment processed by SWAYS TRADING AND MARKETING PVT LTD. If you have a question concerning a charge you believe is incorrect, please call us and we will investigate.
Term and Termination of the Services.
Term of Services: The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Initial Term"). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a "Renewal Period"). You acknowledge, agree, and authorize us to automatically bill the applicable fee and unless you terminate or cancel the Services prior to such charge as provided in this section. The "Term" of this Agreement shall include the Initial Term and all Renewal Periods, if any.
Termination Procedure: You may terminate or cancel the Services you purchased at any time during the Term by giving Thedigitalcards notice by Email or phone or chat . The cancellation request is subject to verification of ownership of the account, as determined in SWAYS TRADING AND MARKETING PVT LTD sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact SWAYS TRADING AND MARKETING PVT LTD to cancel your account.
Disabling automatic renewal option: You may disable the automatic renewal option for your membership via the Account Renewal section in your dashboard. Please make a backup of all User Content before you disable renewal.
Termination by SWAYS TRADING AND MARKETING PVT LTD: SWAYS TRADING AND MARKETING PVT LTD may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, without notice in the event that: (i) you fail to pay any fees due hereunder to SWAYS TRADING AND MARKETING PVT LTD; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm to us or others, cause SWAYS TRADING AND MARKETING PVT LTD or others to incur liability, or disrupt SWAYS TRADING AND MARKETING PVT LTD business operations (iv) you are abusive toward SWAYS TRADING AND MARKETING PVT LTD staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, SWAYS TRADING AND MARKETING PVT LTD will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services: SWAYS TRADING AND MARKETING PVT LTDreserves the right to modify, change, or discontinue any aspect of the Services in Thedigitalcards at any time.
Data Deletion: Upon termination of the customer club membership for any reason, User Content and other data will be deleted. You are always responsible for maintaining back-up copies of all Content and other data. SWAYS TRADING AND MARKETING PVT LTD is not responsible for the loss of any User Content.
Resource Usage
Hosting space is intended for use in accordance with SWAYS TRADING AND MARKETING PVT LTD Policy, and is limited to store Basic information of registered user and customer data. Hosting space further may not be used as offsite storage of electronic files, SWAYS TRADING AND MARKETING PVT LTD expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement. SWAYS TRADING AND MARKETING PVT LTD may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of Thedigitalcards policies. You hereby agree that SWAYS TRADING AND MARKETING PVT LTD shall have no liability due to any action that SWAYS TRADING AND MARKETING PVT LTD may take, including without limitation suspension or termination of Services in connection with your violation of this section.
Affiliate Marketing Credits.
Some membership plan of Thedigitalcards include marketing credits offered to our affiliate marketing providers which will be pay by SWAYS TRADING AND MARKETING PVT LTD. Customer needs to pay only actual membership fee showing during signup.
Technical Support Services
a) SWAYS TRADING AND MARKETING PVT LTD will provide technical support via Email, chat and phone for Thedigitalcards Services ("Technical Support Services"). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing SWAYS TRADING AND MARKETING PVT LTD's Technical Support Services, you grant SWAYS TRADING AND MARKETING PVT LTD permission to access your account, if necessary, to resolve your issue. You agree that SWAYS TRADING AND MARKETING PVT LTD and its employees are not liable for any damage resulting from the provision of customer support.
b) Ineligibility for Technical Support Services. SWAYS TRADING AND MARKETING PVT LTD will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of SWAYS TRADING AND MARKETING PVT LTD; or (ii) your failure or refusal to implement changes recommended by SWAYS TRADING AND MARKETING PVT LTD; or (c) you are abusive toward our staff in any manner.
Disclaimer.
You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that SWAYS TRADING AND MARKETING PVT LTD exercises no control over, and accepts no responsibility for, the content of the information passing through Thedigitalcards network.
Limited Warranty.
SWAYS TRADING AND MARKETING PVT LTD represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on Thedigitalcards website. Your sole and exclusive remedy, and SWAYS TRADING AND MARKETING PVT LTD's sole obligation, for breach of the foregoing warranty shall be for SWAYS TRADING AND MARKETING PVT LTD, at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of SWAYS TRADING AND MARKETING PVT LTD's reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of SWAYS TRADING AND MARKETING PVT LTD.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, SWAYS TRADING AND MARKETING PVT LTD AND ITS AFFILIATES, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "SWAYS TRADING AND MARKETING PVT LTD PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE SWAYS TRADING AND MARKETING PVT LTD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE SWAYS TRADING AND MARKETING PVT LTD PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY SWAYS TRADING AND MARKETING PVT LTD OR SWAYS TRADING AND MARKETING PVT LTD'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY.SWAYS TRADING AND MARKETING PVT LTD DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. SWAYS TRADING AND MARKETING PVT LTD DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR SWAYS TRADING AND MARKETING PVT LTD IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Limitation of Liability.
SWAYS TRADING AND MARKETING PVT LTD SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE SWAYS TRADING AND MARKETING PVT LTD PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF SERVICESAND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF SWAYS TRADING AND MARKETING PVT LTD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SWAYS TRADING AND MARKETING PVT LTD'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SWAYS TRADING AND MARKETING PVT LTD FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification.
You agree to indemnify, defend and hold harmless the SWAYS TRADING AND MARKETING PVT LTD Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses threatened, asserted, or filed by a third party against any of the SWAYS TRADING AND MARKETING PVT LTD Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.