Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, and Terms of Use for access or usage of Swiftboox.app website and application and applications.

The domain name Swiftboox.app (hereinafter referred to as "Website/Application") is owned by AppsWorld Software  Private Limited a company incorporated under the Companies Act, 2013 with its registered office at 161, AJC Bose Road, Kolkata, PIN - 700014 (hereinafter referred to as "Swiftboox").

Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the website and application, You shall be contracting with AppsWorld Software Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Swiftboox.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Swiftboox allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean AppsWorld Software Private Limited.

When You use any of the services provided by Us through the Application and Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. You agree to use the product and the materials in the applications and website as stated by a) terms of use b) any applicable law

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Swiftboox Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Swiftboox website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Swiftboox reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Swiftboox's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. You hereby expressly agree to receive communications and newsletters from Swiftboox Books by Notifications and Emails. You can unsubscribe or opt-out from receiving communications by unsubscribing to the newsletter.

Charges

Membership on the Website is free for users. Swiftboox does not charge any fee for browsing on the Website. Swiftboox reserves the right to change its Fee Policy from time to time. In particular, Swiftboox may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Swiftboox reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to AppsWorld Software Private Limited.

Payments and Security

Swiftboox.app ensures that every transaction you conduct with us is in a safe and secure environment. We provide two payment options:

  1. Instamojo (for domestic users)
  2. PayPal (for international users)

Both Instamojo and PayPal provide the wallet and payment gateway services are VeriSign Secured and PCI compliant.

Terms of Offers and Discounts

Swiftboox.app may periodically announce offers and discounts. In such case,

  • Offer is valid from a defined starting date upto a defined end date.
  • The books that are on offer will be marked for that period only, until 23:59 hours of the end date.
  • The offer is valid on books that are marked on discount or any other benefit e.g. cashback
  • It is not possible to modify an order on which this offer has been applied. Existing orders cannot be cancelled in an attempt to avail this offer. This offer is valid only for subsequent purchases.

Pricing

Pricing for each eBook is set in the app store. The pricing is done in accordance with the agreement with Publisher / Author.

Refund / Cancellation

Swiftboox eBooks are digital products. At this point in time, we cannot process any order refund or cancellation. We request users to kindly go through the free eBook samples to make decisions before buying. All orders are final and non-refundable EXCEPT in the cases where a duplicate purchase may have been done inadvertently by a User.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
    1. (a) belongs to another person and to which You does not have any right to;
    2. (b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    3. (c) is misleading in any way;
    4. (d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    5. (e) harasses or advocates harassment of another person;
    6. (f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
    7. (g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
    8. (h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
    9. (i) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
    10. (j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
    11. (k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
    12. (l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    13. (m) contains video, photographs, or images of another person (with a minor or an adult).
    14. (n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
    15. (o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Swiftboox's prior written consent means a communication coming from Swiftboox's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
    16. (p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
    17. (q) interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
    18. (r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
    19. (s) harm minors in any way;
    20. (t) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
    21. (u) violates any law for the time being in force;
    22. (v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    23. (w) impersonate another person;
    24. (x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
    25. (y) 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
    26. (z) shall not be false, inaccurate or misleading;
    27. (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    28. (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
  2. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
  3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  7. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Swiftboox and / or others.
  8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
  10. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

Report Abuse

If you become aware of any abuse on the app or website, please report it to

Intellectual Property Rights

it is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Website is the sole and exclusive property of third parties. We are authorised by such third parties to upload the ebook on the Website for license of use to the end customers. Intellectual Property Rights for the purpose of this Agreement shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of AppsWorld Software Private Limited as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its licensors, as the case may be.

Your request to download an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. The license to downloaded eBooks includes only those rights explicitly stated herein (typically, the right to read the ebook in Android / iOS Application), and, for the avoidance of doubt, does not include the right to create a derivative work, to make copies, or to use the ebook in any commercial manner. You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

Software

We may make available to you, from time to time, software or updates for your use in connection with the download of eBooks (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the download of eBooks on the Website. You may not separate any individual component of the Software for use other than in connection to the download, may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, in no event shall our or our and/or our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid to purchase, on the Service, the Digital Content related to Your claim for damages.

Indemnity

You shall indemnify and hold harmless Swiftboox, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Kolkata, INDIA.

Limitation of Liability

IN NO EVENT SHALL SWIFTBOOX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Last updated: 11th July, 2020