Welcome to MySwish, a web based tool operated by MySwish Solutions Pvt Ltd., a duly registered company in India with registered business address at Plot No. 88, Above MRF Tyres, 2nd Floor, Gachibowli, Miyapur Road, Hyderabad, 500032, bearing GSTIN [36AAECE5867E1ZI] ("MySwish", "we" or "us").
MySwish is a social, engaging, and effective Tool that empowers employers to help their employee stay, work and live Happy. MySwish brings together on one single platform, four very strong tools focused at Employees' Happiness and Well-being:
i) Total Health - End-to-end online Health Management Tool, ii) Employee Assist - Expert and Confidential Employee Counselling Tool, iii) Learning Minds - Impactful Training and Learning Tool iv) Employee Benefits Tool - Convenient and complete employee benefits management tool.
Users can browse through a wide range of verified professionals (each referred to as a "Service Provider") who will provide professional services which includes but are not limited to counselling, financial consultancy, personal consultancy, legal consultancy, nutrition/health consultancy, medical consultancy etc. (the "Services"). Users can choose a Service Provider of their choice and budget; schedule an appointment for free or at a nominal cost; avail discounts and get preferential treatment; and pay directly to the Service Provider, using the Platform.
1 Services and Support
1.1 MySwish Services are provided by the Service Providers and initial appointment can be scheduled through the MySwish web app or any other platform as launched by MySwish in future (the "Platform"). The Services are performed by Service Provider either using digital communication means or in-person meetings as agreed between User(s) and Service Provider from time to time. 1.2 The Services are designed purely for your educational, informative and personal use of Users. 1.3 The Platform also enables the Users to get in touch with us or to join our Email list. In order to get in touch with us or to join our Email list, you will have to provide us with certain personal and contact information. You acknowledge that by getting in touch with us or by joining our Email list, you give us consent to contact you via Email, text messages, letters, phone calls or other digital means.
2 User Account and Booking of Services
3 Fees, Payments and Refunds
3.1 MySwish provides a Platform for exchanging information between Users and Service Providers. MySwish does not represent the Service Provider or the User in any transactions. MySwish does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered by Service Provider via the Platform. All the fees, payments and refunds are handled by Service Provider directly, MySwish has no role in any financial transaction between Service Providers and Users.
4 Intellectual Property Rights
5 Interaction with Other Members
5.1 The Platform allows the Users to with Service Providers. A User and a Service Provider can interact only if both give their consent by approving each other. 5.2 Users must interact with Service Providers at their own discretion and risk. Although we try our best to maintain a user-friendly and safe Platform, you hereby acknowledge and agree that MySwish cannot and does not review the background of its Service Providers. Users are advised to run their own background checks before meeting any stranger in real life. MySwish and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from interaction among Users and Service Providers.
7 Limitation of Liability
7.1 To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Platform and the Services, including any downloads from the Platform. We and our team will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
8.1 The information contained on the Platform has been conveyed by MySwish for general guidance only, MySwish, its representatives and its employees are not attorneys, accountants, doctors or financial advisors and therefore such information or advice does not constitute financial, accounting, legal or medical advice. Users are advised to contact Service Providers directly for advice concerning specific matters before making any decision. 8.2 The MySwish may advise and/or recommend certain Service Providers if it is of the opinion that such Service Providers will help you in achieving set goals. In such case, MySwish will provide you and discuss with you, reasons behind such recommendation, however, the final decision to follow the recommendation of MySwish rests with you and MySwish does not accept any liability for the outcome of any decisions or recommendations which you may decide to implement. 8.3 Testimonials, reviews, feedback and experiences of other Users regarding the quality of Services provided by a Service Provider is posted on the Platform for illustrative purpose only. The testimonials, reviews, feedback, and photos used are true and belong to legitimate Users who have described their actual experience without any undue influence. Such testimonials, reviews or feedbacks are not intended to represent or guarantee that Users will achieve the same or similar results.
9 No Warranties
9.1 To the maximum extent permitted by law, we provide the material, suggestion, advice or recommendation published on the Platform "as-is". That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Users are responsible to conduct their own due diligence before taking any action based on the material, suggestion, advice or recommendation published on the Platform. 9.2 From time to time down-time, either scheduled or unscheduled, may occur. MySwish will work within reason to ensure this amount of down-time is limited. MySwish will not be held liable for the consequences of any down-time. 9.3 MySwish cannot guarantee that Platform Content or Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release MySwish entirely of all responsibility for any consequences of its use.
You agree to indemnify and hold us and our team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
12 Choice of Law
13 Dispute Resolution
14 Force Majeure
We won't be held liable for any delays or failure in performance of any part of the Service or Platform, from any cause beyond our control. This includes, but is not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers are provided only to make this agreement easier to read and understand.
18 Amendments and Waiver
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Platform. Any notice to us will be effective when delivered to us at firstname.lastname@example.org, or any addresses as we may later post on the Platform.
20 Entire Agreement