TERMS OF SERVICE AGREEMENT

LAST REVISION: 1st May 2024

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Following are the key points subjected towards terms of use, while using any Product/Service at SWA TANTRAA Wellness Private Limited.

All our services [Swa.Tantraa Website | SwaHeal | SwaDocs App | SwaDocs EMR | Brain & Mind Gym] are not substitution towards any treatment. This is purely for Educational and Self Exercise purpose. No Activities are based on any kind of certification. There will be no personal communication with (consultation/Doctor) and for Programs the communication will be subjective as per the SWA TANTRAA Wellness Private Limited guidelines.

We do not recommend using our services in case of Medical Emergencies, as we do not substitute for a Doctor or a Hospital.

We appreciate your encouragement to verify any information provided over the website solely with your interest/ownership.

Your every input on website gives sole right to SWA TANTRAA Wellness Private Limited to access and verify your health and medical information as it enables our doctors to access your history.

This Terms of Service Agreement the "Agreement" governs your use of this website, www.Swadottantraa.com the "Website", SWA TANTRAA Wellness Private Limited "Business Name" offer of products/services for purchase on this Website, or your purchase of products/services available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. SWA TANTRAA Wellness Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. SWA TANTRAA Wellness Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. SWA TANTRAA Wellness Private Limited encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with SWA TANTRAA Wellness Private Limited for other products/ services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

I. Products/Services:

Terms of Offer - This Website offers certain products/services. By placing an order for Products/services through this Website, you agree to the terms set forth in this Agreement.

Opt Out Procedure - We provide an easy way to opt out of from future solicitations. You may opt out by replying “Unsubscribe” in any email solicitation that you may receive.

Proprietary Rights - SWA TANTRAA Wellness Private Limited has proprietary rights and trade secrets in the Products/Services. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by SWA TANTRAA Wellness Private Limited. SWA TANTRAA Wellness Private Limited also has rights to all trademarks associated with it.

II. WEBSITE

Content; Intellectual Property: This Website offers Comprehensive solutions for mental wellbeing. The content is protected by intellectual property laws of the India. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. SWA TANTRAA Wellness Private Limited does not endorse the contents on any such third-party websites. SWA TANTRAA Wellness Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on the third-party websites. If you link to third-party websites, you do so at your own risk.

Use of Website: SWA TANTRAA Wellness Private Limited is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will

(1) Abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property)

(2) Not interfere with or disrupt the use and enjoyment of the Website by other users

(3) Not resell material on the Website

(4) Not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and

(5) Not defame, harass, abuse, or disrupt other users of the Website

License - By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from SWA TANTRAA Wellness Private Limited or the applicable third party (if third party content is at issue).

Posting - By posting, storing, or transmitting any content on the Website, you hereby grant SWA TANTRAA Wellness Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. SWA TANTRAA Wellness Private Limited does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. SWA TANTRAA Wellness Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. SWA TANTRAA Wellness Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content SWA TANTRAA Wellness Private Limited deems objectionable.

III. DISCLAIMER OF WARRANTIES:

Your use of this website and/or products/services is at your sole risk. The website and products are offered on an "as is" and "as available" basis. SWA TANTRAA wellness private limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of services and products, and non-infringement with respect to the products/services or website content, or any reliance upon or use of the website content or products/services
Without limiting the generality of the foregoing, SWA TANTRAA Wellness Private Limited makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products/services or that defects in products/services will be corrected.
Regarding any products/services purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

IV. LIMITATION OF LIABILITY

SWA TANTRAA Wellness Private Limited entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products/services and/or for any breach of this agreement is solely limited to the amount you paid, for products/services purchased via the website

SWA TANTRAA Wellness Private Limited will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/services in any manner, including liabilities resulting from (1) the use or the inability to use the website content or products/services; (2) the cost of procuring substitute products/services or content; (3) any products/services purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

V. INDEMNIFICATION

You will release, indemnify, defend and hold harmless SWA TANTRAA Wellness Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' (Lawyer’s) fees and expenses, of third parties relating to or arising out of

(1) This Agreement or the breach of your warranties, representations and obligations under this Agreement;

(2) The Website content or your use of the Website content;

(3) The Products/Services or your use of the Products/Services (including Trial Products);

(4) Any intellectual property or other proprietary right of any person or entity;

(5) Your violation of any provision of this Agreement; or

(6) Any information or data you supplied to SWA TANTRAA Wellness Private Limited.

When SWA TANTRAA Wellness Private Limited is threatened with suit or sued by a third party, SWA TANTRAA Wellness Private Limited may seek written assurances from you concerning your promise to indemnify SWA TANTRAA Wellness Private Limited; your failure to provide such assurances may be considered by SWA TANTRAA Wellness Private Limited to be a material breach of this Agreement. SWA TANTRAA Wellness Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of SWA TANTRAA Wellness Private Limited choice at its expense. SWA TANTRAA Wellness Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SWA TANTRAA Wellness Private Limited against any claim, but you must receive SWA TANTRAA Wellness Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products/Services.

VI. PRIVACY:

SWA TANTRAA Wellness Private Limited believes strongly in protecting user privacy and data. Please refer to SWA TANTRAA Wellness Private Limited privacy policy, incorporated by reference herein, which is posted on the Website.

VI. AGREEMENT TO BE BOUND:

By using this Website or Products/Services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

VIII. GENERAL:

Force Majeure - SWA TANTRAA Wellness Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

Cessation of Operation - SWA TANTRAA Wellness Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and providing Services and selling of the Products.

Entire Agreement - This Agreement comprises the entire agreement between you and SWA TANTRAA Wellness Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver - The failure of SWA TANTRAA Wellness Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect

Statute of Limitation - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products/Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Termination - SWA TANTRAA Wellness Private Limited reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and SWA TANTRAA Wellness Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products/Services. If your access to the Website is terminated, SWA TANTRAA Wellness Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until SWA TANTRAA Wellness Private Limited chooses, in its sole discretion and without advance to you, to terminate it.

Cancellation and Refund - In case of any unforeseen emergency, if appointment/subscription gets cancelled on the part of the SWA TANTRAA Wellness Private Limited / SwaDocs, the hospital fees amount paid shall be refunded by contacting the desired hospital for which the appointment has been witholded. The reason to not redeposit the needful amount in your original source of payment is because of the validation of that particular point with the respective hospital. Hence, the entire refund responsibility is catered by the desired hospital for which the appointment was taken. SWA TANTRAA Wellness Private Limited will not be responsible for any kind of delay in refund, caused as a result of delay in banking procedures. All disputes related to monetary compensations shall be subject to the courts of Maharashtra, India jurisdiction.

Domestic Use - SWA TANTRAA Wellness Private Limited makes no representation that the Website or Products/Services are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment - You may not assign your rights and obligations under this Agreement to anyone. SWA TANTRAA Wellness Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

BY USING THIS WEBSITE OR ORDERING PRODUCTS/SERVICES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.