Please read these terms and conditions ("terms and conditions", "terms") carefully before using MAGICALSWAP (“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.
Before you continue using our App, we advise you to read our Privacy Policy regarding our user data collection. It will help you better understand our practices.
By using this App, you certify that you have read and reviewed this Agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this Agreement, you are advised to stop using the app accordingly. Magicalswap Private Limited only grants use and access of this App, its products, and its services to those who have accepted its terms. By even merely using/accessing the Platform, You shall be contracting with Magicalswap Private Limited and You signify Your acceptance to these Terms and other policies (including but not limited to the cancellation & refund policy of the Company and published privacy policy (‘Privacy Policy’)) as posted on the website and amended from time to time, which takes effect on the date on which You use the App, and thereby create a legally binding arrangement to abide by the same. Further, by furnishing Your personal information, You consent to Magicalswap Private Limited accessing Your personal information for the purpose of providing services, You also agree that You are interested in availing the services through the App in accordance with these Terms.
Magicalswap Private Limited retains an unconditional right to modify or amend these Terms. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. You can access the latest version of these Terms at any given time on the App. You should regularly review the Terms on the App. Your continued use of and access to the App shall be Your consent to such changes. In the event the modified Terms are not acceptable to You, You should discontinue accessing the App.
IN THE EVENT OF NON-COMPLIANCE WITH THESE TERMS OF USE, Magicalswap Private Limited HAS THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS OR USAGE RIGHTS TO THE PLATFORM IMMEDIATELY OR REMOVE NON-COMPLIANT INFORMATION OR BOTH AS THE CASE MAY BE, IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021. BY USING THE Magicalswap Private Limited PLATFORM AND ACCESSING OUR SERVICES, YOU INDICATE YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THE TERMS STATED UNDER TERMS OF USE.
To the extent permitted by law:
Magicalswap grants you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes. You may only use the App on android and apple devices that you own or control and as permitted by the App Store Terms of Service.
You agree not to post, email, message, host, display, upload, modify, publish, transmit, store, update or share any information on the Platform, or otherwise make available Content:
Additionally, you agree not to:
You hereby represent that You are: (i) of legal age to form a binding contract, (ii) not a person barred from receiving the supplies from the App under the applicable laws; and (iii) competent to enter into a binding contract. If You are under the age of 18, You shall use and access the App only with the express consent of a parent or guardian and under their supervision.
Magicalswap grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: (a) access to or use of the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Magicalswap or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by Magicalswap, your use will be considered to be in violation of these Terms, unless Magicalswap expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Magicalswap, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Magicalswap.
You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed under Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are licensed to Magicalswap, and are subject to copyright and other intellectual property rights under Indian law. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to Magicalswap. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you on an ‘AS IS’ basis for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners or licensees, as applicable. Magicalswap reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws and, other laws currently in force in India. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and, other laws currently in force in India. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate, or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that Magicalswap is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Magicalswap with respect thereto.
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Magicalswap email addresses or through Magicalswap computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time Magicalswap may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Magicalswap email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Magicalswap computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You agree that any violation by You of these Terms will likely cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
We may use your Information to send you promotional Information about third parties which, we think you may find interesting, if you tell us that you wish this to happen. We shall not be responsible for any disclosure of Information due to unauthorized third-party access or other acts of third parties or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our negligence or wilful default. We use support services of third-party platforms and/or companies to direct you to payment gateways when you opt to pay for our Services. Your financial information is collected, stored and retained by such third-party platforms. We and such third-party platforms undertake measures designed to provide a security level that is appropriate to the risks of processing your personal information. However, you are requested to check and consent to the “Privacy Policy” of such third-party platforms in order to accept how such third-party platforms handle your information. Once you leave the Platform, we are not liable for any use/ storage/ processing/collection of your information obtained by any third-party websites or payment facilitators or provided by you to these third-parties or payment facilitators. Such entities and their respective websites/platforms may be governed by their own “Privacy Policy” and “Terms of Service”, which are beyond our control.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Magicalswap without restriction. Any assignment or transfer by you shall be null and void.
These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at by the laws of India and the courts in MP, Indore.
If you have any questions or comments regarding this Policy, please contact us by email at Support@magicalswap.com Please do not send sensitive information to us by email, since email communications are not always secure.