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Terms and Conditions

Magicalswap APP Terms and Conditions

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.

PRIVACY POLICY

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.

CONDITIONS OF USE

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:

  1. (1) we make no promise as to (Magicalswap Private Limited), its completeness, accuracy, availability, timeliness, propriety, security or reliability;
  2. (2) your access and use are at your own risk, and (Magicalswap Private Limited) is provided “AS IS” and “AS AVAILABLE”;
  3. (3) we are not liable for any harm resulting from
    1. (a) user content;
    2. (b) user conduct, e.g. illegal conduct;
    3. (c) your (Magicalswap Private Limited) use; or
    4. (d) our representations;
  4. (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES “Magicalswap Private Limited ENTITIES”, DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
  5. (5) Magicalswap Private Limited ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL)

LIMITED LICENSE

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.

  • DESCRIPTION OF SERVICE AND CONTENT POLICY
    1. i. Magicalswap operates the next generation of online platforms. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy products and services listed on the Platform. Although you may be able to conduct payment and other transactions through the Platform using third-party vendors, Magicalswap is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Magicalswap is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
    2. ii. You understand that Magicalswap does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Magicalswap domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Magicalswap be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Magicalswap cannot and does not pre-screen or approve any Content, but that Magicalswap has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Magicalswap knowledge or for any other reason or no reason at all.
    3. iii. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that:
    4. (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Magicalswap to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms;
    5. (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Magicalswap an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Magicalswap (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Magicalswap in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Magicalswap all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, Magicalswap may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you. Magicalswap makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or Magicalswap remove or delete such Content from the Platform. Further, you grant Magicalswap the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
    6. iv. Magicalswap does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Magicalswap expressly disclaims any and all liability in connection with User Content. Magicalswap does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Magicalswap may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Magicalswap reserves the right to remove any Content without prior notice. Magicalswap may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, Magicalswap reserves the right to decide 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 information on the Platform, or otherwise make available Content:

      1. i.that violates any law or regulation;
      2. ii. that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third-party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Magicalswap all of the license rights granted herein;
      3. iii. that infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
      4. iv. that is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
      5. v. that harasses degrades intimidates, or is hateful towards any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      6. vi. that violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
      7. vii. that threatens the unity, integrity, defense, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
      8. viii. that includes personal or identifying information about another person without that person's explicit consent;
      9. ix. that impersonates any person or entity, including, but not limited to, an Magicalswap employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
      10. x. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      11. xi. that is false, deceptive, misleading, deceitful, misinformative, or constitutes a "bait and switch" offer;
      12. xii. that constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
      13. xiii. that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Platform which are not designated for such purposes; or (2) e-mailed to Magicalswap users who have requested not to be contacted about other services, products or commercial interests;
      14. xiv. that includes links to commercial services or Third Party Websites, except as specifically allowed by Magicalswap;
      15. xv. that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
      16. xvi. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any other computer resource;
      17. xvii. that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
      18. xviii. that employs misleading email addresses, forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
      19. xix. that belongs to another person and to which you do not have any right;
      20. xx. that is harmful to the child;
      21. xxi. that deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      22. Additionally, you agree not to:

      23. xxii. contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
      24. xxiii. make any libelous or defamatory comments or postings to or against anyone;
      25. xxiv. collect personal data about other users or entities for commercial or unlawful purposes;
      26. xxv. post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
      27. xxvii. post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
      28. xxviii. attempt to gain unauthorized access to computer systems owned or controlled by Magicalswap or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
      29. xxix. use any form of automated device or computer program (sometimes referred to as "flagging tools") that enables the use of Magicalswap "flagging system" or other community control systems without each flag being manually entered by a human that initiates the flag (an "automated flagging device"), or use any such flagging tool to remove posts of competitors, other third parties or to remove posts without a reasonable good faith belief that the post being flagged violates these Terms or any applicable law or regulation.
      30. xxx. use any automated device or software that enables the submission of automatic postings on Magicalswap without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
      31. xxxi. Any Content uploaded by you shall be subject to relevant laws and may be disabled, or may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
    • ELIGIBILITY TO USE

      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.

    • USER ACCOUNT, PASSWORD, AND SECURITY
      1. 1. In order to access the supplies on the App, You will have to register and create an account on the App by providing details as may be required in the Privacy Policy (“Account”).
      2. 2. You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the App or request Magicalswap Private Limited for information revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Magicalswap Private Limited reserves the right to refuse any and all the supplies, if Magicalswap Private Limited has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Magicalswap Private Limited reserves the express right to refuse access to the App at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws.
    • USER CARE
      1. 1. The Company is not responsible for any product listed on the App.
      2. 2. You agree and understand that the Product images are representation of the Product and not actual image of the Product sold to You and You shall read the product label, before purchasing the Products. WHILE EVERY REASONABLE EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT, MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM. IT IS RECOMMENDED TO REFER THE INFORMATION PRESENTED ON THE ACTUAL PRODUCT.
    • ACCESS TO THE SERVICE

      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.

    • INTELLECTUAL PROPERTY RIGHTS

      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.

    • USER SUBMISSIONES

      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.

    • DISCLAIMER OF WARRANTIES & LIABILITY
      1. 1. You expressly understand and agree that, to the maximum extent permitted by applicable law:
        1. 1.1 The App and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that the App or supplies will meet Your requirements, or Your use of the App will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
        2. 1.2 Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the App either with or without Your knowledge.
        3. 1.3 Company has endeavoured to ensure that all the information on the App is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the supplies or otherwise. The Company shall not be responsible for the delay or inability to use the App or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond the Company’s reasonable control.
    • INDEMNIFICATION AND LIMITATION OF LIABILITY
      1. 1. You agree to indemnify, defend and hold harmless Magicalswap and its affiliates including but not limited to its (and its affiliates’) officers, directors, consultants, agents, representatives and employees; and its third party partners (“Indemnitees”) 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 that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the App, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.
      2. 2. In no event shall the Company and its directors, officers, partners, consultants, agents, and employees and its third party partners, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the App or Content on the App.
      3. 3. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
    • NO SPAM POLICY

      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.

    • VIOLATION OF THESE TERMS

      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.

    • SUSPENSION AND TERMINATION
      1. 1. The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the App, You may (i) close Your Account on the App; and/or (ii) stop accessing the App.
      2. 2. The Company may disable Your access or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until the Company chooses to terminate them.
      3. 3. Any such termination under clause 1 and 2 above shall not cancel Your obligation to pay for a Product purchased on the App, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
      4. 4. You shall be liable to pay any fees or charges, if applicable in respect of the supplies until the date of termination by either party whatsoever.
    • 12. THIRD PARTY SERVICES

      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.

    • ASSIGNMENT

      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.

    • GOVERNING LAW AND JURISDICTION

      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.

    • CONTACTING US

      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.