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Terms of
Service

Overview

This website is operated by SWAH, a brand licenced to Aatmik Plate. Throughout the site, the terms “we”, “us”, and “our” refer to SWAH. By accessing or using this website, including any information, tools, or services provided, you agree to abide by the terms, conditions, and policies outlined in this document (“Terms of Service”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including but not limited to visitors, browsers, customers, merchants, and contributors of content. Please read these Terms carefully. By accessing or using any part of the website, you agree to be bound by these Terms. If you disagree with any part of these Terms, you must refrain from accessing the site or using its services. Any new features, tools, or services added to the website will also be subject to these 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 by posting modifications on this page. It is your responsibility to review this page periodically to stay informed of any updates. Your continued use of the website following any modifications constitutes acceptance of those changes. Our store is powered by Shopify Inc., an e-commerce platform that enables us to deliver products and services efficiently and securely to our customers

Definitions

In these Terms of Service, the following words shall have the meanings set out below:

  • “Contract” means the agreement between you and us as set out in these Terms of Service.
  • “Products” means the goods sold under the SWAH brand, made available for purchase on the website.
  • “Order” refers to a request made by you to purchase Products from the website.
  • “Purchase” means our acceptance of your Order, forming a binding Contract.
  • “Price” refers to the monetary amount payable for the Products, as described in these Terms.
  • “Personal Information” means any data about you or a third party provided by you when placing an Order or using the website.
  • “We”, “Us”, or “Our” refers to SWAH, a brand of Aatmik Plate Foods LLP

Section 1: eligibility and permissible use

By using this website, you confirm that you are either of legal age in your state or province of residence, or you are using the website with the consent and supervision of a parent or legal guardian if you are a minor.


You agree to use this website and its services solely for lawful purposes. Any unauthorised or illegal use, including actions that violate local, national, or international laws (such as copyright infringement), is strictly prohibited.


You must not introduce or transmit any harmful software, such as viruses, worms, or malicious code, that could damage or disrupt the functionality of this website or its services.


Any breach or violation of these Terms will result in the immediate termination of your access to our services, without prior notice.


Section 2: general conditions

1. Right to Access and Service Denial:

We reserve the right to deny access to our website or services to any individual or entity at our sole discretion and at any time, without the need to provide specific reasons.

2. Personal Use Only

Products offered on this website are intended for personal, non-commercial use only. We reserve the right to reject Orders that we believe are intended for commercial purposes or resale.

3. “Invitation to Buy” and Contractual Offer

Any advertisement or product listing on this website should be considered an “invitation to buy”. When you place an Order, it is regarded as a contractual offer. No action on our part, including processing your payment, constitutes acceptance of your Order until you receive an Order Confirmation Email from us.

4. Language of Terms

These Terms of Service are available only in English. By using our website or placing an Order, you confirm that you understand and agree to these Terms as outlined in English.

5. Transmission of User Content

Any content you submit or transmit through the website (excluding sensitive payment information like credit card details) may be transferred unencrypted and adapted to meet technical requirements across various networks. However, all sensitive payment information is encrypted during transfer to ensure secure transactions.

6. Prohibited Reproduction and Exploitation

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the website, its services, or any contact information provided on the website without obtaining our explicit written authorisation.

7. Headings Disclaimer

The headings used in these Terms are for convenience only and do not affect the interpretation or enforceability of the provisions within.

8. Updates to General Conditions

We may update, modify, or replace any part of these General Conditions at our sole discretion. It is your responsibility to review this section periodically for changes. Your continued use of the website constitutes acceptance of these updates

Section 3: accuracy and reliability of information

We strive to ensure that the information provided on this website is accurate, complete, and current. However, we do not guarantee that all information is free from errors, omissions, or inaccuracies. The content on this website is intended for general informational purposes only and should not be relied upon as your sole basis for decision-making. We recommend consulting additional, more accurate, complete, or timely sources before making any decisions.


Some content on this website may include historical information, which is provided for reference purposes only and may not reflect the most current data. We reserve the right to update, amend, or modify the content on this site at any time. However, we are not obligated to ensure that any outdated information is updated. It is your responsibility to review this site periodically to stay informed of any changes.

Section 4: changes to pricing and services

The prices of our products and services are subject to change at any time without prior notice. We reserve the right to modify, suspend, or discontinue any part of the Service, including specific products, features, or content, at our sole discretion and without prior notification. We shall not be held responsible for any consequences arising from such changes, including price adjustments, temporary unavailability, or the discontinuation of any product or service. Your continued use of the website after such changes indicates your acceptance of the updated terms.

Section 5: products and services

Certain products or services offered through this website may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.


We strive to display the colours, images, and descriptions of our products as accurately as possible. However, we cannot guarantee that the colours displayed on your device screen will perfectly match the actual product.


We reserve the right to restrict the sale of our products or services to any individual, geographic region, or jurisdiction at our sole discretion. This right may be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services we offer.


All product descriptions, pricing, and availability are subject to change at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for a product or service on this website is void where prohibited by law.


We do not guarantee that the quality of any products, services, information, or other material purchased or obtained through this website will meet your expectations. Furthermore, we are not obligated to correct any errors or inaccuracies in the Service unless required by law.

Section 6: billing information and order management

We reserve the right to decline or cancel any order at our discretion. This may include limitations on quantities purchased per individual, household, or order. Restrictions may also apply to orders using the same customer account, payment method, or billing and shipping address. If we need to modify or cancel an order, we will make an effort to notify you via the contact details provide at the time of purchase.


Additionally, we reserve the right to restrict or prohibit orders that we believe, in our sole judgment, are intended for resale by dealers, resellers, or distributors


It is your responsibility to ensure that all account and billing information provided during purchases is accurate, complete, and up to date. This includes promptly updating your email address, billing details, and payment information to avoid delays or issues in processing your transactions.


For more information on returns or exchanges, please refer to our Returns Policy.

Section 7: use of third-party tools

From time to time, we may provide you with access to third-party tools or services over which we have no oversight, control, or involvement. These tools are made available “as is” and “as available,” without any guarantees, warranties, or representations of any kind. We do not endorse or take responsibility for these tools or their functionality


By using optional third-party tools through this site, you acknowledge and agree that their use is entirely at your own risk and discretion. It is your responsibility to understand and accept the terms of use as established by the third-party providers.


In the future, we may introduce new features, tools, or services on the website. Such additions will also be governed by these Terms of Service

Section 8: links to third-party websites

Some content, products, or services available through our website may include materials provided by third parties. Links on this site may redirect you to external websites that are not affiliated with SWAH or Aatmik Plate Foods LLP. We do not review, monitor, or evaluate the accuracy or content of these external websites, and we make no guarantees regarding their materials, products, or services.


We are not liable for any harm or damages resulting from your use of third-party websites or your interactions with their products, services, or resources. This includes, but is not limited to, issues arising from purchases, content accuracy, or the handling of your personal information.


We strongly encourage you to review the terms, conditions, and policies of any third-party website before engaging in transactions or activities. Any concerns, complaints, or questions regarding third-party products or services should be directed to the respective third party.

Section 9: user comments, feedback, and other submissions

If you submit materials to us—whether in response to a request (such as contest entries) or unsolicited submissions such as creative ideas, suggestions, proposals, or other content (collectively, “comments”)—you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use these comments in any medium. We are not obligated to:

  1. Maintain the confidentiality of any comments.
  2. Provide compensation for comments submitted.
  3. Respond to comments.

While we reserve the right to monitor, edit, or remove content that we find, at our sole discretion, to be unlawful, offensive, defamatory, threatening, obscene, or otherwise objectionable, or in violation of intellectual property or these Terms of Service, we are not obligated to do so.


By submitting comments, you confirm that they will not:

  • Violate any third-party rights, including copyrights, trademarks, privacy, or personal and proprietary rights.
  • Contain unlawful, abusive, obscene, or defamatory material, or introduce malware, viruses, or harmful code.
  • Mislead us or others by using a false email address or impersonating someone else.

You are solely responsible for the accuracy and legality of any comments you provide. We take no responsibility or liability for comments submitted by you or any third party.

Section 10: personal information

Any personal information you provide through this website, including during purchases or account registration, is governed by our Privacy Policy. We encourage you to review the Privacy Policy to understand how your data is collected, used, and protected.

Section 11: errors, inaccuracies, and omissions

From time to time, information on our website or within the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate. These changes may occur at any time, without prior notice, including after you have submitted your order. We are under no obligation to update, amend, or clarify any information within the Service or on any related website, including but not limited to pricing information, except as required by law. Any dates indicated for updates or modifications should not be taken as confirmation that all information in the Service or on the website has been updated.

Section 12: restricted and prohibited uses

In addition to the restrictions outlined elsewhere in these Terms of Service, you are expressly prohibited from using this website or its content for any of the following purposes:

  • (a) Engaging in any unlawful activities or soliciting others to participate in unlawful acts.
  • (b) Violating any applicable international, national, state, or local laws, regulations, or ordinances.
  • (c) Infringing on our intellectual property rights or the intellectual property rights of others.
  • (d) Harassing, abusing, insulting, defaming, intimidating, discriminating against, or otherwise harming others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • (e) Submitting false, inaccurate, or misleading information.
  • (f) Uploading or transmitting viruses, malware, or harmful code that could compromise the functionality or security of this website, related websites, or the Internet.
  • (g) Collecting, tracking, or misusing the personal information of others.
  • (h) Engaging in spamming, phishing, pharming, pretexting, or other deceptive practices.
  • (i) Scraping, crawling, or using automated methods to extract data from the website without permission.
  • (j) Using the website or its content for obscene, immoral, or offensive purposes.
  • (k) Attempting to bypass or interfere with the security features of this website, related websites, or the Internet.

We reserve the right to terminate your access to the website or any related services if you are found to have engaged in any of these prohibited activities

Section 13: service warranties and limitations of liability

We strive to provide a seamless and reliable experience but cannot guarantee that your use of our services will always be uninterrupted, timely, secure, or error-free. We also cannot guarantee that the results obtained from our services will meet your specific expectations or requirements.


You agree that we may, at our discretion and without prior notice, modify, suspend, or terminate the availability of our services or products for indefinite periods of time.


All products and services offered through this website are provided “as is” and “as available,” unless explicitly stated otherwise. We disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a specific purpose, durability, non-infringement, and any other applicable conditions.


To the maximum extent permitted by law, SWAH, its parent company Aatmik Plate Foods LLP, and all affiliates, employees, officers, agents, contractors, suppliers, and licensors are not liable for any type of damage, including but not limited to:

  • Losses related to profits, revenue, savings, or data.
  • Costs incurred for replacement goods or services.
  • Indirect, incidental, punitive, or consequential damages arising from the use or inability to use our services or products.
  • Errors, inaccuracies, or omissions in content.

Some jurisdictions do not allow the exclusion or limitation of liability for certain damages. In such cases, our liability will be limited to the fullest extent permitted under applicable laws.

Section 14: your obligations for legal claims

You agree to indemnify, defend, and hold harmless SWAH, its parent company Aatmik Plate Foods LLP, along with its affiliates, subsidiaries, partners, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers, from any claims, liabilities, or demands, including reasonable attorneys’ fees, that arise as a result of:

  1. Your breach of these Terms of Service or any other referenced policies or agreements.
  2. Your violation of any applicable laws or regulations.
  3. Your infringement on the rights of a third party, including intellectual property, privacy, or other personal or proprietary rights.

This obligation includes responsibility for all costs and damages resulting from claims made by third parties related to your actions or inactions while using our website, products, or services.

Section 15: enforceability of terms

If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable under applicable law, that specific provision will still be enforced to the maximum extent allowed by law. The unenforceable portion will be deemed removed from these Terms without affecting the validity or enforceability of the remaining provisions.


The remaining provisions will continue to be in full force and effect, ensuring that the overall intent and purpose of these Terms of Service remain intact.

Section 16: termination of agreement

All obligations and liabilities incurred by either party before the termination date will survive the termination of this agreement for any applicable purpose.


These Terms of Service remain in effect unless terminated by either you or us. You may terminate these Terms by informing us that you no longer wish to use our services or by ceasing all use of our website.


We reserve the right to terminate this agreement at any time, without prior notice, if we determine that you have violated or failed to comply with any provision of these Terms of Service. In such cases, you will remain responsible for any outstanding amounts owed up to and including the termination date. Additionally, we may deny you access to our website and services (or any part thereof) at our sole discretion.

Section 17: complete understanding

Failure by us to enforce any provision or exercise any right outlined in these Terms of Service shall not be considered a waiver of that provision or right.


These Terms of Service, along with any policies or guidelines posted on this website, represent the entire agreement between you and us regarding your use of our services. This agreement supersedes any prior or contemporaneous communications, understandings, or agreements, whether written or verbal, between you and SWAH or Aatmik Plate Foods LLP, including prior versions of these Terms of Service.


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

Section 18: governing law and jurisdiction

These Terms of Service, and any agreements under which we provide you with services, shall be governed by and construed in accordance with the laws of India. Any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, Maharashtra, India.

Section 19: updates to terms of service

The most current version of these Terms of Service will always be available on this page for your review. We reserve the right to amend, modify, or replace any part of these Terms at our sole discretion by posting updates or changes on our website.


It is your responsibility to periodically review this page for updates. By continuing to access or use our website and services after any changes are posted, you indicate your acceptance of the updated Terms.

Section 20: age of consent

Where certain products or services are restricted by age, you confirm that you meet the legal age requirement to purchase these products at the time of placing your Order. By submitting an Order, you warrant that you are of legal age to form a binding contract and to purchase the requested products.

If we determine, at our sole discretion, that you do not meet the legal age requirements for specific products or services, we reserve the right to:

  1. Cancel your Order immediately without prior notice.
  2. Take any additional actions as deemed necessary to ensure compliance with applicable laws.

Section 21: price and payment

1. Pricing Details:

The price of Products, as displayed on the website, is in Indian Rupees (INR) and includes all applicable taxes, including GST. Prices are subject to change at our sole discretion and without prior notice.

2. Payment Methods We accept the following payment methods for purchases on our website:

  • Debit/Credit Cards
  • Net Banking
  • Unified Payments Interface (UPI)
  • Cash on Delivery (COD)

3. Pricing Errors

If an error occurs in product pricing or if a Product is incorrectly priced on the website, we reserve the right to cancel your Order and issue a refund for the amount paid. Please refer to our Cancellation and Return Policy for more details.

Section 22: shipping ,title and risk

1. Ownership Transfer

Ownership of the Products will transfer to you upon the later of:

  • Delivery of the Products to you or your authorised representative.
  • Full payment for the Products, including any applicable shipping charges.

2. Responsibility for Loss or Damage

Once the Products have been delivered to your designated delivery address, safe place, or authorised representative, we are no longer responsible for any loss, damage, or theft of the Products.

Section 23: cancellation return and refund policy

Please refer to our detailed Cancellation, Return, and Refund Policy, available on the website, for comprehensive information on managing cancellations, returns, or refunds for your Orders.

Section 24: limited warranty

1. No Guarantee of Performance or Suitability

We do not guarantee that the quality, suitability, or performance of Products will meet your specific expectations.

2. Accuracy of Product Descriptions

Product descriptions on the website are accurate to the best of our knowledge. However, variations in colour or appearance due to screen settings or lighting conditions are not valid grounds for warranty claims.

3. Disclaimer of Implied Warranties

To the fullest extent permitted by law, we disclaim all implied warranties, including but not limited to warranties of merchantability or fitness for a particular purpose.

Section 25: waiver

Failure by us to enforce any provision or exercise any right outlined in these Terms shall not constitute a waiver of that provision or right. A temporary or partial waiver of any breach shall not preclude us from enforcing that provision or any other provision in the future.

Section 26: assignation

1. Assignment by You

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.

2. Assignment by Us

We reserve the right to assign, transfer, or delegate our rights and obligations under these Terms at our sole discretion, without prior notice.

Section 27: contact information

If you have any questions or concerns regarding these Terms of Service, please contact us at info@swah.co.in.