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Terms and Conditions

APP Terms and Conditions


Please read these terms and conditions ("terms and conditions", "terms") carefully before using Magicalswap Rental Solutions (“App”) operated by Magicalswap Private Limited ("us", 'we", "our"). The terms “You”, “Your” or “User” refer to user of the App. We value the trust You place in Us. That’s why, we maintain reasonable security standards for securing the transactions and Your information.


PRIVACY POLICY

Before you continue using our App, we advise you to read our privacy policy Privacy Policy regarding our user data collection. It will help you better understand our practices.


CONDITIONS OF USE

By accessing or using this Application ("App"), you acknowledge that you have read, understood, and agree to comply with the terms and conditions outlined in this Agreement. If you do not agree to these terms, you are advised to immediately cease using the App. MAGICALSWAP PRIVATE LIMITED grants access to and use of this App, including its products and services, solely to individuals who have accepted these terms. By using or accessing the Platform, you enter into a binding contract with MAGICALSWAP PRIVATE LIMITED and indicate your acceptance of these Terms, along with any additional policies (including but not limited to the Company’s cancellation and refund policy, as well as the Privacy Policy), which are posted on the App and may be amended from time to time. These Terms are effective from the date you begin using the App, creating a legally binding obligation to adhere to them.


In addition, by providing your personal information, you consent to MAGICALSWAP PRIVATE LIMITED collecting and processing such information for the purpose of providing the services offered through the App. By doing so, you affirm that you wish to avail the services in accordance with these Terms.


MAGICALSWAP PRIVATE LIMITED reserves the right, at its sole discretion, to modify or amend these Terms at any time. The "Last Updated" date will reflect the most recent revision of these Terms, and the latest version will always be accessible via the App. It is your responsibility to review these Terms regularly. Your continued use of the App constitutes acceptance of any modifications made to these Terms. If you do not agree to the updated Terms, you must cease using the App.


In the event of non-compliance with these Terms, MAGICALSWAP PRIVATE LIMITED reserves the right to limit or terminate your access or usage rights to the Platform immediately, and/or remove any non-compliant content or information, in accordance with applicable laws, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. By using the MAGICALSWAP PRIVATE LIMITED Platform and accessing our services, you confirm your understanding and agreement to be bound by these Terms.


To the maximum extent permitted by applicable law, MAGICALSWAP PRIVATE LIMITED makes no representations or warranties regarding the completeness, accuracy, availability, timeliness, security, or reliability of the App. Your access to and use of the App is at your own risk, and the App is provided "AS IS" and "AS AVAILABLE." MAGICALSWAP PRIVATE LIMITED and its officers, directors, employees, affiliates, or agents ("MAGICALSWAP PRIVATE LIMITED Entities") are not liable for any harm or damages arising from:


(a) User content,

(b) User conduct (including illegal conduct),

(c) Your use of the App, or

(d) Any representations made by MAGICALSWAP PRIVATE LIMITED.


MAGICALSWAP PRIVATE LIMITED Entities hereby disclaim all warranties and conditions, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Furthermore, MAGICALSWAP PRIVATE LIMITED Entities shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill.


LIMITED LICENSE 

(App Name) grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the App solely for your personal, non-commercial purposes. This license is granted only for use on Android and Apple devices that you own or control, and is subject to the terms and conditions set forth by the respective App Store's Terms of Service.


DESCRIPTION OF SERVICE AND CONTENT POLICY


i. Platform Operation

MAGICALSWAP PRIVATE LIMITED operates a next-generation online platform that serves as a venue for users who comply with these Terms to offer, Rental, sell, and purchase of products and/or services listed on the Platform. While users may facilitate payments and other transactions through third-party vendors via the Platform, MAGICALSWAP PRIVATE LIMITED is not involved in any such transactions. Accordingly, as outlined in further detail in these Terms, you acknowledge and agree that MAGICALSWAP PRIVATE LIMITED is not a party to such transactions, has no control over any aspect of these transactions, and shall bear no liability to any party in connection with these transactions. You use the Service and Platform at your own risk.


ii. Control and Responsibility of Content

You acknowledge and understand that MAGICALSWAP PRIVATE LIMITED does not control and is not responsible for advertisements, directory information, business listings, messages between users (including emails sent outside the MAGICALSWAP PRIVATE LIMITED domain or through other electronic communications, whether via the Platform or third-party websites), user-generated content, comments, postings, files, images, photos, videos, sounds, business listings, directory information, or any other material made available through the Platform and the Service ("Content"). By using the Platform, you may be exposed to Content that may be offensive, indecent, inaccurate, misleading, or otherwise objectionable. You agree that you are solely responsible for evaluating, and assuming all risks associated with, the use of such Content. Under no circumstances will MAGICALSWAP PRIVATE LIMITED be liable for any loss or damage incurred as a result of browsing, using, or relying on any Content provided via the Service. Additionally, you acknowledge that MAGICALSWAP PRIVATE LIMITED does not pre-screen or approve any Content but reserves the right, at its sole discretion, to refuse, delete, or move any Content that violates these Terms, or for any other reason, without notice.


iii. User-Generated Content

You agree that you are solely responsible for any Content you post, transmit, or link to through the Service, and for any consequences of posting, transmitting, linking, or publishing such Content. Specifically, you represent, warrant, and covenant that: (i) you own or have the necessary rights, licenses, consents, and permissions to use the Content on the Platform, including all intellectual property rights (e.g., patent, trademark, copyright, etc.), and you authorize MAGICALSWAP PRIVATE LIMITED to use such Content in connection with the Service and Platform as contemplated by these Terms; and (ii) you have obtained the written consent, release, and/or permission of every identifiable individual or business featured in the Content to use their name, likeness, or business details in the Content.


For clarity, you retain all ownership rights to your Content. However, by submitting Content to the Platform, you grant MAGICALSWAP PRIVATE LIMITED an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, display, create derivative works of, and perform the Content in connection with the Platform and MAGICALSWAP PRIVATE LIMITED's business. This includes promoting and redistributing part or all of the Platform and its Content (including derivative works) in any media formats and through any media channels now or in the future. This license is necessary for MAGICALSWAP PRIVATE LIMITED to host and display your Content. Furthermore, by posting Content to public areas of the Service, you agree to grant MAGICALSWAP PRIVATE LIMITED the rights to prevent or allow any subsequent aggregation, display, copying, or exploitation of the Content by third parties.


MAGICALSWAP PRIVATE LIMITED may offer an automatic feature that generates a "Description" based on the images you upload. MAGICALSWAP PRIVATE LIMITED makes no warranty regarding the accuracy or veracity of the generated Description, which you may edit at any time while your ad is live. You also grant each user of the Platform a non-exclusive license to access your Content via the Platform and the right to contact you with respect to the Content, through private chat or any other means. This license terminates once you or MAGICALSWAP PRIVATE LIMITED remove or delete your Content from the Platform. You also grant MAGICALSWAP PRIVATE LIMITED the right to make your Content available to third parties in connection with transactions related to your classified advertisement.


iv. Content Disclaimers and Copyright Policy

MAGICALSWAP PRIVATE LIMITED does not endorse any Content or any opinions, statements, recommendations, or advice expressed therein. MAGICALSWAP PRIVATE LIMITED expressly disclaims any liability in connection with user-generated Content. MAGICALSWAP PRIVATE LIMITED does not permit copyright infringement or violation of intellectual property rights on the Platform, and may, at its sole discretion, remove any infringing Content upon proper notice of infringement in accordance with applicable law. MAGICALSWAP PRIVATE LIMITED reserves the right to remove any Content without prior notice and to suspend or terminate the access of any user found to be a repeat infringer or engaging in any activities contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice or whose content has been removed more than twice. MAGICALSWAP PRIVATE LIMITED also reserves the right to determine, in its sole discretion, whether any Content is appropriate and complies with these Terms.


CONDUCT


You agree not to post, email, message, host, display, upload, modify, publish, transmit, store, update, or share any Content on the Platform that:


i. Violates Laws: Any Content that violates applicable laws or regulations.


ii. Intellectual Property Violations: Any Content that infringes upon the intellectual property rights of others, including copyrights, patents, trademarks, or trade secrets. You must have the necessary permissions or licenses to use such Content.


iii. Harmful or Offensive Content: Content that is harmful, abusive, unlawful, threatening, harassing, defamatory, obscene, pornographic, libelous, invasive of privacy, discriminatory, or offensive in any way. This includes Content that may harm minors or promote violence, hate, or illegal activities.


iv. Harassment or Discrimination: Content that harasses, degrades, intimidates, or is hateful towards any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability.


v. Discriminatory Employment Content: Content that violates equal employment laws, such as advertisements for employment that discriminate based on race, color, religion, sex, national origin, age, or disability.


vi. Threatens National Security: Content that threatens the unity, integrity, defense, security, or sovereignty of any nation, or incites violence, or harms relations with foreign states.


vii. Personal or Identifying Information: Content that includes personal or identifying information about others without their explicit consent.


viii. Impersonation or Misrepresentation: Content that impersonates any individual or entity, including MAGICALSWAP PRIVATE LIMITED employees, or falsely represents affiliations with others.


ix. Misleading or Deceptive Content: Content that misleads or deceives the recipient, including false or deceptive statements about the origin of messages, or content that is misleading or deceitful in nature.


x. Fraudulent Schemes: Content that constitutes or contains pyramid schemes, affiliate marketing, junk mail, spam, unsolicited advertisements, or "bait and switch" offers.


xi. Unsolicited Commercial Communications: Content that includes advertising or solicitation in areas not designated for such purposes, or messages sent to users who have opted out of unsolicited communications.


xii. Links to Prohibited Content: Content that includes links to commercial services or third-party websites not authorized by MAGICALSWAP PRIVATE LIMITED.


xiii. Illegal Products or Services: Content that advertises illegal services or the sale of restricted or prohibited items under applicable law.


xiv. Malicious Software: Content that contains viruses, malware, or any software designed to disrupt or damage the platform or devices of others.


xv. Disrupting Service: Content that disrupts the normal flow of conversation or the ability of other users to use the platform, including excessive posting (flooding) or similar disruptive behaviors.


xvi. Misleading Email or Identifiers: Content that uses misleading email addresses, forged headers, or altered identifiers to disguise the origin of communications.


xvii. Infringing on Others’ Rights: Content that belongs to another person and to which you do not have the rights to use or share.


xviii. Child Harmful Content: Content that is harmful to minors or violates laws relating to the protection of children.


xix. False or Misleading Communication: Content that knowingly and intentionally communicates false or misleading information that may reasonably be perceived as fact.


Additionally, you agree not to:


xx. Unsolicited Contact: Contact users who have opted out of communication or send unsolicited commercial messages, including contacting users to post ads on third-party websites.


xxi. Defamation or Libel: Post defamatory or libelous content against any individual or group.


xxii. Data Collection for Unlawful Purposes: Collect personal data about other users for unlawful or commercial purposes.


xxiii. Irrelevant or Repetitive Content: Post content that is irrelevant to the platform or local area, or repeatedly post similar content in multiple categories or locations.


xxiv. Unauthorized Access: Attempt to gain unauthorized access to MAGICALSWAP PRIVATE LIMITED systems or engage in activities that disrupt, degrade, or impair the platform’s functionality.


xxv. Automated Flagging or Posting: Use automated tools or devices for flagging posts or submitting content without human intervention, including bulk posting or submitting automatic postings at specific times or intervals.


xxvi. Excessive Load on Infrastructure: Post excessive or unnecessary content that imposes an unreasonable load on the platform's servers or infrastructure.


xxvii. Non-Compliance with Laws: Upload Content that is non-compliant with relevant laws or regulations, or violates these Terms, and may be subject to investigation under the applicable legal framework. Such Content may be removed, and your account may be blocked or terminated.


By agreeing to these terms, you confirm your responsibility for any Content you post or share on the platform, and any violations may lead to account suspension or removal of Content.


ELIGIBILITY TO USE


By using the App, you represent and warrant that you meet the following criteria:


i. Legal Age: You are of legal age to form a binding contract, as per the applicable laws in your jurisdiction.


ii. No Legal Barriers: You are not a person who is barred from receiving supplies or services from the App under any applicable laws.


iii. Competency: You are competent and have the legal capacity to enter into a binding contract.


If you are under the age of 18, you may only use and access the App with the express consent of a parent or guardian. Additionally, you must do so under the supervision of your parent or guardian.


USER ACCOUNT, PASSWORD, AND SECURITY


• Account Registration and Creation: To access and use the services and supplies offered on the App, you are required to register and create an account ("Account") by providing personal details and other information as may be required by the App, including but not limited to your name, email address, phone number, and other details necessary to fulfill the service request ("Account Information"). You agree to provide accurate, current, and complete information during the registration process and maintain the accuracy of such information at all times. Failure to provide accurate, current, and complete information may result in your inability to access the services and supplies offered on the App, and may also constitute a breach of these Terms.


• Accuracy and Completeness of Account Information: You agree that the information provided to MAGICALSWAP PRIVATE LIMITED during the registration process and thereafter, including but not limited to your Account Information, shall be complete, true, accurate, and up-to-date. In the event of any changes to the information provided, you agree to promptly update your Account details via the App, or alternatively, you may request MAGICALSWAP PRIVATE LIMITED to update such information on your behalf. You acknowledge that any failure to maintain accurate, up-to-date, or complete information may result in the suspension or termination of your Account, denial of access to the App, and/or denial of services.


• Right to Refuse or Terminate Access: MAGICALSWAP PRIVATE LIMITED reserves the right, at its sole discretion, to refuse access to the App or any services, suspend, terminate, or limit your Account or your access to the App at any time, without notice, if we have reasonable grounds to believe that:


  • The information you provided is untrue, inaccurate, incomplete, unauthorized, or outdated;

  • You have failed to comply with these Terms, the applicable laws, or any other policy or guideline set forth by MAGICALSWAP PRIVATE LIMITED;

  • Any action by you violates or is suspected of violating the intellectual property, privacy, or other rights of MAGICALSWAP PRIVATE LIMITED or any third party;

  • You are engaged in illegal, fraudulent, or unethical activities.


• Account Security: You are responsible for maintaining the confidentiality and security of your Account credentials, including but not limited to your password. You agree to take all necessary steps to protect the security of your Account, and you acknowledge that you are fully responsible for all activities that occur under your Account, whether or not authorized by you. MAGICALSWAP PRIVATE LIMITED will not be liable for any loss or damage arising from unauthorized use of your Account due to your failure to maintain the confidentiality of your login credentials.


• Notification of Unauthorized Access: You agree to immediately notify MAGICALSWAP PRIVATE LIMITED of any unauthorized access or use of your Account, or any other breach of security related to your Account. You agree to cooperate with MAGICALSWAP PRIVATE LIMITED in any investigation of suspected fraud or other illegal activity related to your Account.


• Termination of Account: MAGICALSWAP PRIVATE LIMITED reserves the right to suspend or terminate your Account at any time, for any reason, including but not limited to non-compliance with these Terms, illegal or fraudulent activity, or any action deemed harmful or inappropriate to the Platform, other users, or MAGICALSWAP PRIVATE LIMITED. In the event of termination, you will not be entitled to any refunds or compensation for any services rendered or available at the time of termination.


USER CARE


  • No Responsibility for Listed Products:
     MAGICALSWAP PRIVATE LIMITED is a platform that allows users to browse, view, purchase, and rent various products and/or properties listed on the App. However, MAGICALSWAP PRIVATE LIMITED does not assume any responsibility for the products, services, or rental listings provided on the platform. All product descriptions, property details, and related information are supplied by the respective sellers, owners, or users. MAGICALSWAP PRIVATE LIMITED does not guarantee or warrant the quality, safety, legality, or condition of any products, properties, or services offered through the App. The Company functions solely as an intermediary platform facilitating transactions between users, sellers, and property owners, and holds no liability for the performance, delivery, or condition of the listed products or rental properties.


  • Product Representation and Labeling: You acknowledge and understand that the product images, descriptions, and specifications displayed on the App are intended to represent the product and may not depict the exact item you will receive. The product images displayed are for illustration purposes only and may differ from the actual product. Before making any purchase or Rental deed, you agree to read and verify the product label, instructions, and any additional information provided by the manufacturer or seller or Owner, as they may contain important details, such as usage instructions, warnings, and ingredient lists.


  • Accuracy of Product Information: While MAGICALSWAP PRIVATE LIMITED makes reasonable efforts to ensure that the information displayed on the App regarding the products is accurate and up-to-date, we cannot guarantee the accuracy, completeness, or reliability of such information. The actual product may contain more or different information than what is displayed on the App. This includes, but is not limited to, product ingredients, packaging, or specifications. Therefore, MAGICALSWAP PRIVATE LIMITED recommends that users refer to the information provided directly on the actual product packaging or labeling before making a purchase or rental deed. MAGICALSWAP PRIVATE LIMITED will not be liable for any discrepancies between the product information on the App and the actual product received.


ACCESS TO THE SERVICE


MAGICALSWAP PRIVATE LIMITED grants you a limited, revocable, non-exclusive license to access and use the Service solely for personal use, subject to the terms and conditions set forth in these Terms. This license does not grant you any rights to access or use the Service beyond what is explicitly permitted in these Terms.

1. Prohibited Uses: The license granted to you by MAGICALSWAP PRIVATE LIMITED does not authorize or permit the following actions:

a) Posting Agents: The use of the Service by "Posting Agents" (entities or individuals who use automated or manual means to post or upload content on behalf of others) is prohibited unless expressly authorized by MAGICALSWAP PRIVATE LIMITED.

b) Data Collection and Extraction: You may not collect, aggregate, copy, duplicate, display, or create derivative works of the Service or any Content on the Platform. Additionally, the use of data mining tools, robots, spiders, or any similar data gathering or extraction tools for any purpose is prohibited unless expressly permitted by MAGICALSWAP PRIVATE LIMITED or otherwise specified in these Terms.

2. Exceptions to Data Collection Restrictions: Notwithstanding the above, general-purpose internet search engines and non-commercial public archives that gather information solely for the purpose of displaying hyperlinks to the Service, may engage in the activities mentioned in section 1(b) provided they comply with the following conditions:

  • They use a stable IP address or range of IP addresses.

  • They use an easily identifiable agent.

  • They comply with MAGICALSWAP PRIVATE LIMITED’s robots.txt file.

However, this exception does not apply to websites, search engines, or services that specialize in classified listings, including those that focus on specific categories such as housing, jobs, services, personals, or classifieds, or provide classified ad listing services.

3. Use of Service for Non-Commercial Purposes: You are permitted to display individual postings on your personal website or create a hyperlink to the Service, provided that such use is strictly for non-commercial purposes (e.g., for use in personal blogs or other non-commercial online media). You may also create a hyperlink to the home page of the Platform. However, this hyperlink should not:

  • Portray MAGICALSWAP PRIVATE LIMITED, its employees, affiliates, or agents in a false, misleading, derogatory, or otherwise offensive manner.

If the total number of postings displayed on or linked to your website exceeds limits set by MAGICALSWAP PRIVATE LIMITED, or if your use extends beyond non-commercial purposes, such use will be considered a violation of these Terms, unless you have obtained explicit permission from MAGICALSWAP PRIVATE LIMITED.

4. Termination of Access: Any use of the Service beyond the scope of the authorized access, as outlined in these Terms, will immediately terminate any permission or license granted to you under this section. If you wish to collect, aggregate, copy, duplicate, display, or make derivative use of the Service or any Content for commercial purposes, you must first obtain a separate license from MAGICALSWAP PRIVATE LIMITED.


INTELLECTUAL PROPERTY RIGHTS

  1. Ownership of Platform Materials: You acknowledge and agree that all materials available on the Platform, excluding any User Content that you may upload or post, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and similar content (collectively, the "Materials"), as well as any trademarks, service marks, logos, and other identifiers (collectively, the "Marks") displayed on the Platform, are the exclusive property of MAGICALSWAP PRIVATE LIMITED or its licensors. These Materials and Marks are protected by copyright, trademark, and other intellectual property laws under Indian law.


  1. Third-Party Trademarks: The Platform may display certain trademarks or service marks belonging to third parties. The use of these third-party trademarks may be subject to specific licenses granted by third parties to MAGICALSWAP PRIVATE LIMITED. You agree not to reverse engineer, decompile, disassemble, or attempt to derive the source code of any such third-party trademarks or proprietary content.


  1. Limited License: The Materials on the Platform are provided to you on an "AS IS" basis for your personal, non-commercial use only. You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit the Materials or Marks for any purpose other than for your personal use, without the prior written consent of MAGICALSWAP PRIVATE LIMITED or the relevant third-party rights holder, as applicable. You do not acquire any ownership rights to the Materials through your use of the Service.


  1. Prohibited Activities: Without limiting the generality of the above, you agree not to engage in the following activities:


  • Reverse Engineering and Decompilation: You shall not reverse engineer, decompile, disassemble, or attempt to derive any source code from the Platform or the Service.

  • Copying and Distribution: You shall not copy, reproduce, distribute, or create derivative works based on the Materials, or any portion thereof, for commercial or other unauthorized purposes.

  • Circumvention of Security Measures: You shall not circumvent, disable, or otherwise interfere with any security-related features of the Platform or features that restrict the use or copying of the Materials, or enforce limitations on your access to the Platform and Materials.


  1. Copyright Notices: If you download or print any copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree to respect all copyright notices and other proprietary notices displayed on the Platform.


  1. Protection of Service: The Service, including the Platform and all Materials therein, is protected to the fullest extent permitted by copyright laws and other applicable laws currently in force in India. The content displayed on the Service is a collective work and/or compilation, which is also protected by copyright laws. Any unauthorized reproduction, modification, distribution, or redistribution of the Platform or the Materials, including copying or reproducing any part of the Platform to another server or location for further reproduction or redistribution, is strictly prohibited.


  1. No Commercial Exploitation: You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any aspect of the Service or the Materials for commercial purposes without prior written consent from MAGICALSWAP PRIVATE LIMITED. Any unauthorized use of the Materials for commercial purposes is a violation of these Terms and may result in legal action.


  1. No Derivative Works: You agree not to create derivative works from or based on the Materials, the Platform, or any part thereof, including but not limited to translations, adaptations, or other transformations of the content. All derivative works are explicitly prohibited unless granted express permission by MAGICALSWAP PRIVATE LIMITED.


  1. Enforcement of Intellectual Property Rights: MAGICALSWAP PRIVATE LIMITED reserves all rights not expressly granted under these Terms. In case of any violation of the intellectual property rights stated herein, MAGICALSWAP PRIVATE LIMITED reserves the right to pursue legal action to enforce its rights and protect its intellectual property to the fullest extent under applicable laws..


USER SUBMISSIONES

  1. Exposure to Content: You acknowledge and understand that as a user of the Platform, you will be exposed to Content (as defined below) from a variety of sources, including but not limited to other users, third-party content providers, and advertisers. MAGICALSWAP PRIVATE LIMITED does not control and is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to such Content. You understand and agree that you will be solely responsible for your use of the Platform and the Content you access, interact with, or otherwise engage with through the Platform.


  1. Nature of Content: You further acknowledge and agree that, as a user of the Platform, you may encounter Content that is inaccurate, offensive, indecent, objectionable, defamatory, libelous, or otherwise harmful. This may include, but is not limited to, content that is unlawful or inappropriate under applicable laws, and content that may violate your personal sensibilities or the rights of others.


  1. Waiver of Liability: You agree to waive, and by using the Platform, you hereby do waive, any and all legal or equitable rights or remedies you have or may have against MAGICALSWAP PRIVATE LIMITED with respect to such Content. This waiver applies to any claims you may have for any harm, loss, or damage incurred as a result of your exposure to or use of such Content, including any claims related to the accuracy, legality, or safety of the Content.


  1. No Endorsement: MAGICALSWAP PRIVATE LIMITED does not endorse, verify, or approve any Content posted or submitted by users or third parties on the Platform. Any views or opinions expressed in such Content are those of the respective authors or contributors and do not necessarily reflect the views or opinions of MAGICALSWAP PRIVATE LIMITED.


  1. Assumption of Risk: By accessing or using the Platform, you acknowledge and agree that you do so at your own risk, and that MAGICALSWAP PRIVATE LIMITED shall not be held liable for any Content you may find to be offensive, objectionable, or inappropriate in any way.


  1. Right to Remove Content: While MAGICALSWAP PRIVATE LIMITED does not generally monitor or control the Content posted by users, we reserve the right, at our sole discretion, to remove or block any Content that violates these Terms, is deemed harmful, offensive, or otherwise in violation of applicable laws or the rights of others. However, MAGICALSWAP PRIVATE LIMITED does not guarantee that any such Content will be removed in all cases, nor does it assume any obligation to monitor the Platform for inappropriate or illegal Content..


DISCLAIMER OF WARRANTIES & LIABILITY

  1. General Disclaimer: You expressly understand and agree that, to the maximum extent permitted by applicable law:


1.1 "As Is" Basis: The App, along with all associated services, content, and materials, is provided by MAGICALSWAP PRIVATE LIMITED on an "AS IS" and "AS AVAILABLE" basis, without any warranties or representations of any kind, either express or implied, statutory or otherwise. This includes, but is not limited to, the implied warranties of title, non-infringement, merchantability, fitness for a particular purpose, and any other warranties arising out of the course of dealing or usage of trade. MAGICALSWAP PRIVATE LIMITED does not warrant that (i) the App or its services will meet your specific requirements or expectations, (ii) the use of the App will be uninterrupted, timely, secure, or error-free, or (iii) any information, advice, or content provided by MAGICALSWAP PRIVATE LIMITED will be accurate, complete, or reliable. No advice or information, whether oral or written, obtained by you from MAGICALSWAP PRIVATE LIMITED, its employees, or agents shall create any warranty or representation not expressly stated in these Terms.


1.2 Unauthorized Use: MAGICALSWAP PRIVATE LIMITED will not be liable for any loss or damage that you may incur as a result of the unauthorized use of your Account, account information, or personal data, whether such use occurs with or without your knowledge or consent. You are solely responsible for maintaining the confidentiality of your Account and all activities under your Account.


1.3 Accuracy of Information: While MAGICALSWAP PRIVATE LIMITED has made reasonable efforts to ensure that all information, data, or other content provided through the App is accurate, complete, and up-to-date, MAGICALSWAP PRIVATE LIMITED makes no warranty or representation regarding the quality, accuracy, or completeness of such content. The Company shall not be liable for any errors, inaccuracies, or omissions in the information available on the App, or for any loss or damages arising from such inaccuracies.


  1. Limitations of Liability: MAGICALSWAP PRIVATE LIMITED shall not be held liable for:

2.1 Unavailability or Delays: Any delay in, or inability to use, the App or its related functionalities. MAGICALSWAP PRIVATE LIMITED will not be liable for any delay in providing services or for the failure to provide services due to any technical failures, disruptions, or any other causes beyond its reasonable control, including, but not limited to, acts of force majeure, server outages, or interruptions in internet access.


2.2 Loss or Damage: Any loss or damage to your data, devices, or other property arising out of your use of the App, regardless of the cause, including contractual breach, tort (including negligence), strict liability, or otherwise. This includes, but is not limited to, any data loss, system failure, or failure to perform as anticipated due to software bugs, errors, or defects in the App.


2.3 Maintenance or Suspension: MAGICALSWAP PRIVATE LIMITED shall not be responsible or liable for any unavailability of the App due to scheduled maintenance or any unplanned suspensions of service that may occur for technical reasons or circumstances beyond MAGICALSWAP PRIVATE LIMITED’s control. You understand that access to the App may be temporarily restricted or interrupted, and MAGICALSWAP PRIVATE LIMITED does not guarantee that the App will be available at all times.


  1. No Liability for Third-Party Content: MAGICALSWAP PRIVATE LIMITED is not responsible for any third-party content or material displayed, uploaded, or made available on the App. Any reliance on or use of third-party content is solely at your own risk, and MAGICALSWAP PRIVATE LIMITED makes no representations or warranties regarding such content.


  1. Indemnification: You agree to indemnify, defend, and hold harmless MAGICALSWAP PRIVATE LIMITED, its directors, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (i) your use of the App, (ii) any violation of these Terms, (iii) any infringement of intellectual property or other rights of a third party, or (iv) any act or omission by you related to the use of the App or services provided by MAGICALSWAP PRIVATE LIMITED.


  1. Exclusion of Certain Damages: To the fullest extent permitted by applicable law, in no event shall MAGICALSWAP PRIVATE LIMITED be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or use, arising out of or in connection with these Terms or the use or inability to use the App, even if MAGICALSWAP PRIVATE LIMITED has been advised of the possibility of such damages..


INDEMNIFICATION AND LIMITATION OF LIABILITY

  1. Indemnification: You agree to indemnify, defend, and hold harmless MAGICALSWAP PRIVATE LIMITED and its affiliates, including but not limited to its officers, directors, consultants, agents, representatives, and employees (collectively, the "Indemnitees"), as well as its third-party partners, from and against any and all losses, liabilities, claims, damages, demands, costs, and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees. These indemnifications shall arise out of, result from, or may be payable by virtue of any of the following:


    1. Breach of Terms: Any breach or non-performance of any representation, warranty, covenant, agreement, or obligation made by you under these Terms and/or the Privacy Policy.


1.2 Use of the App: Any claims, losses, or damages resulting from your use of the App, including any misrepresentation or inaccuracies with respect to the data or information provided by you.


1.3 Violation of Terms: Your violation of the Terms and/or the Privacy Policy, including any actions or omissions that violate applicable laws.


1.4 Third-Party Claims: Any claims made by third parties arising out of your actions or omissions in connection with your use of the App, including violations of intellectual property rights or any other legal rights of another person or entity.


1.5 Failure to Perform Obligations: Any failure on your part to perform the obligations outlined in these Terms, or to comply with applicable laws and regulations, resulting in harm, damage, or loss to MAGICALSWAP PRIVATE LIMITED or any third parties.


  1. Limitation of Liability: In no event shall MAGICALSWAP PRIVATE LIMITED or its directors, officers, partners, consultants, agents, employees, or third-party partners be liable to you or any third party for any special, incidental, indirect, consequential, or punitive damages arising out of, or in connection with:

2.1 Use of the App: Your use of or access to the App, including any functionality, services, content, or products available through the App.


2.2 Third-Party Interactions: Any interactions with third-party content, services, or websites that are linked to or accessible through the App.


2.3 App Performance: Any delay, malfunction, failure of access, or interruption of services on the App, whether caused by technical issues, maintenance activities, or circumstances beyond the control of MAGICALSWAP PRIVATE LIMITED.


2.4 Loss of Data or Profit: Any loss of data, profits, revenue, or business opportunities arising from your use of the App or from any third-party content accessed through the App.


2.5 Damage to Devices: Any damages or harm to your computer, mobile device, or other hardware resulting from your use of the App, whether due to software bugs, viruses, or other issues beyond the reasonable control of MAGICALSWAP PRIVATE LIMITED.


  1. Application of Limitations and Exclusions: The limitations of liability and exclusions provided in this section apply to the maximum extent permitted by applicable laws. In the event that applicable law does not allow the exclusion or limitation of certain types of damages, MAGICALSWAP PRIVATE LIMITED’s liability shall be limited to the fullest extent permitted by law, including the refund of any amounts paid for use of the App or services, if applicable.


NO SPAM POLICY


  1. Prohibition of Unsolicited Communications: You understand and agree that sending unsolicited email advertisements or any other unsolicited communications, including but not limited to spam or scam-related emails, to MAGICALSWAP PRIVATE LIMITED's email addresses or through MAGICALSWAP PRIVATE LIMITED's computer systems is expressly prohibited by these Terms. You shall not use the email system or other communication features of the Platform to send unsolicited, bulk, or commercial messages, or any messages that would otherwise be classified as spam.


  1. Monitoring of Communications: You acknowledge and agree that MAGICALSWAP PRIVATE LIMITED reserves the right to monitor email usage and communication features on the Platform. This monitoring may involve the use of human monitors or automated software systems designed to detect and flag certain keywords or patterns commonly associated with spam or scams in emails or messages sent between users within the Platform’s email system. Such monitoring is intended to ensure compliance with the Terms and to protect users from unsolicited or harmful content.


  1. Authorized Use of Communication Features: Any communication between you and another user utilizing the communication features available on the Service and the Platform must be conducted solely in accordance with these Terms. Any use of the communication systems for purposes not expressly permitted under these Terms is considered unauthorized and may result in actions being taken by MAGICALSWAP PRIVATE LIMITED.


  1. Violation of Terms and Applicable Laws: Unauthorized use of MAGICALSWAP PRIVATE LIMITED's computer systems, email systems, or other communication features may be deemed a violation of these Terms and may also violate applicable laws governing electronic communications. In the event of such violations, MAGICALSWAP PRIVATE LIMITED reserves the right to take appropriate legal action.


  1. Civil and Criminal Penalties: You acknowledge and agree that any violation of the no spam policy or unauthorized use of the MAGICALSWAP PRIVATE LIMITED systems may subject the sender and their agents to both civil and criminal penalties, as stipulated by applicable laws. These penalties may include but are not limited to financial penalties, suspension of user accounts, and legal actions..


VIOLATION OF THESE TERMS

  1. Acknowledgement of Harm: You acknowledge and agree that any violation of these Terms by You may cause irreparable harm to MAGICALSWAP PRIVATE LIMITED. Such violations could result in damages that cannot be adequately compensated for by monetary means alone. Therefore, You recognize that financial compensation may not be a sufficient remedy for MAGICALSWAP PRIVATE LIMITED in the event of a breach by You.


  1. Injunctive or Equitable Relief: In light of the potential harm caused by Your violation of these Terms, You consent to the Company seeking any injunctive relief, specific performance, or any other equitable remedies deemed necessary or appropriate by MAGICALSWAP PRIVATE LIMITED. This includes but is not limited to the Company seeking a court order to prevent or stop further violations, or any other immediate action to protect its interests, users, and Platform.


  1. Additional Remedies: The remedies set forth in this section, including injunctive relief or equitable remedies, are in addition to and not a replacement for any other remedies available to MAGICALSWAP PRIVATE LIMITED. This means that MAGICALSWAP PRIVATE LIMITED may pursue both legal and equitable remedies simultaneously or sequentially, as the situation demands, under applicable law.


  1. No Limitation on Legal Action: The Company’s right to seek injunctive or equitable relief does not limit its ability to pursue other legal actions, including claims for damages, under applicable laws or in accordance with the Terms. You agree that these actions do not preclude MAGICALSWAP PRIVATE LIMITED from exercising its right to seek full legal recourse and protection for the harm caused by Your violation of these Terms.

SUSPENSION AND TERMINATION

  1. Duration of Terms and Termination:


  • The Terms outlined herein shall remain in full force and effect unless terminated by either You or MAGICALSWAP PRIVATE LIMITED in accordance with the provisions set forth in this section.

  • In the event that You object to these Terms or are dissatisfied with the App, You may terminate your use of the App by:

(i) Closing Your Account on the App; and/or

(ii) Ceasing to access the App in any manner.

  • Such actions by You will not affect any obligations You may have incurred prior to terminating access to the App.

  1. Company’s Right to Suspend or Terminate:


  • MAGICALSWAP PRIVATE LIMITED reserves the right, at its sole discretion, to disable Your access to the Platform, block Your future access to the App, or suspend/terminate Your Account if it reasonably believes that You have violated any provision of these Terms or the Privacy Policy or have otherwise acted unethically.

  • The Company may exercise this right immediately upon detecting such violations without prior notice.

  • Notwithstanding the above, certain provisions, by their nature, are intended to survive termination of the agreement. These provisions will continue to be in effect indefinitely unless MAGICALSWAP PRIVATE LIMITED explicitly chooses to terminate them.


  1. Effect of Termination:


  • Any termination of these Terms, whether initiated by You or by MAGICALSWAP PRIVATE LIMITED, shall not relieve You of any obligation to pay for any products purchased or services provided before the date of termination.

  • Any outstanding financial or contractual obligations You have incurred during the period prior to termination must be fulfilled even after termination.


  1. Outstanding Fees and Charges:

  • You remain responsible for any fees, charges, or costs incurred in relation to supplies purchased or services rendered through the App prior to the termination of the Agreement, irrespective of whether the termination is initiated by You or by MAGICALSWAP PRIVATE LIMITED.

  • Any amounts due will be payable immediately upon termination and must be settled by You..


ASSIGNMENT

  1. Transfer and Assignment by You:

  • You acknowledge and agree that the Terms, including any rights, obligations, and licenses granted under these Terms, may not be transferred or assigned by You to any third party, in whole or in part, without the prior written consent of MAGICALSWAP PRIVATE LIMITED.

  • Any attempt to transfer or assign these Terms by You shall be considered null and void and have no legal effect.


  1. Assignment by the Company:

  • MAGICALSWAP PRIVATE LIMITED reserves the right to assign or transfer its rights and obligations under these Terms, in whole or in part, at its sole discretion, without any restriction or requirement for prior consent from You.

  • Such assignments may occur without notice to You and will not affect Your rights under these Terms unless expressly stated otherwise.


GOVERNING LAW AND JURISDICTION

  1. Governing Law:

These Terms shall be governed by, and construed in accordance with, the laws of India, without reference to its conflict of laws principles or any international law or regulations that may be applicable.


  1. Jurisdiction:

  • Any dispute, controversy, or claim arising out of, or in connection with, these Terms, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts located in Indore, and You hereby consent to the personal jurisdiction of such courts.

  • You agree that any legal action or proceeding arising under or in connection with these Terms shall be exclusively brought in these courts.


CONTACTING US

If you have any questions or comments regarding this Policy, or if you need any assistance, please feel free to contact us by email at support@magicalswap.com We will make every effort to respond to your inquiries as promptly as possible.

Please note that for your own security, we advise you not to send sensitive information, such as passwords or financial details, via email, as email communications are not always secure.