State clearly that by accessing or using the website [www.swatioven.com], you agree to be bound by these Terms and Conditions and all policies referenced herein.
Include a statement that if the user disagrees with any part of the terms, they must not use the website.
1.2. Changes to Terms:
State that the Company reserves the right to modify or replace these Terms at any time.
Explain how users will be notified of changes (e.g., posting the updated T&Cs on the site, notification upon login).
Specify that continued use after changes constitutes acceptance of the new terms.
1.3. Definition of Parties:
Define “The Company,” “We,” “Us,” or “Our” as RKSWATI INTERNATIONAL PRIVATE LIMITED
Define “User,” “You,” or “Your” as the individual or entity accessing or using the website.
1.4. Effective Date:
3/12/2025
2. User Accounts and Eligibility
2.1. Registration:
Explain the requirements for creating an account (if applicable).
Require users to provide accurate, complete, and current information.
2.2. Account Security:
State that users are responsible for maintaining the confidentiality of their passwords and accounts.
Users must notify the Company immediately of any unauthorized use.
2.3. Minimum Age:
Specify the minimum age required to use the service, typically 18 years old, or state that minors must have parental/guardian permission.
2.4. Termination of Accounts:
State that the Company reserves the right to suspend or terminate accounts at its sole discretion, with or without notice, for breach of these Terms.
3. Intellectual Property Rights (IPR)
3.1. Company Content:
State that all content on the website (text, graphics, logos, images, software) is the exclusive property of RKSWATI INTERNATIONAL PRIVATE LIMITED or its licensors and is protected by copyright and trademark laws.
3.2. Limited License:
Grant the user a limited, non-exclusive, non-transferable license to access and use the website for personal/internal business use only.
3.3. Restrictions:
Prohibit the user from reproducing, distributing, modifying, creating derivative works of, publicly displaying, or exploiting any content without prior written permission.
3.4. Trademarks:
Specify that RKSWATI INTERNATIONAL PRIVATE LIMITED and Ovens and Other Products These are trademarks and may not be used without permission.
4. User-Generated Content (UGC) – If users can post reviews, comments, etc.
4.1. Responsibility for Content:
Users are solely responsible for any content they post.
Warrant that the user owns the UGC or has the necessary rights to grant the license below.
4.2. License to Company:
Grant the Company a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, and display the UGC for the purpose of operating and promoting the site.
4.3. Prohibited Content:
List content that is strictly forbidden (e.g., illegal, offensive, defamatory, harassing, infringing on third-party rights, spam/chain letters).
5. Acceptable Use Policy
5.1. General Prohibitions:
Prohibit illegal or unauthorized purposes.
Prohibit attempting to gain unauthorized access to the site or its systems.
Prohibit interfering with the security or operation of the website.
Prohibit using automated means (e.g., bots, scripts) to access the site.
5.2. Monitoring:
State that the Company reserves the right, but is not obligated, to monitor activity on the website.
6. E-commerce/Sales Terms – If you sell products or services
6.1. Product/Service Description:
Acknowledge that while descriptions and pricing are accurate, errors may occur. The Company reserves the right to correct errors.
6.2. Pricing and Payment:
State that all prices are in [Currency] and are subject to change.
Describe acceptable payment methods.
6.3. Orders and Acceptance:
State that receipt of an order confirmation does not constitute acceptance; it is merely an offer. The Company reserves the right to accept or decline any order for any reason.
6.4. Shipping, Returns, and Refunds:
Reference a separate Shipping Policy and Return/Refund Policy for specific details. It is best practice to have these policies on their own pages.
7. Disclaimers and Limitation of Liability
7.1. Disclaimer of Warranties (AS IS):
State that the website and all services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Example: We do not warrant that the website will be uninterrupted or error-free.
7.2. Limitation of Liability:
State that in no event shall RKSWATI INTERNATIONAL PRIVATE LIMITED Its directors, employees, or affiliates are liable for any direct, indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the website or any products/services procured through it.
This section is extremely important and should be drafted with legal counsel.
8. Indemnification
8.1. User Obligation:
The User agrees to indemnify, defend, and hold harmless RKSWATI INTERNATIONAL PRIVATE LIMITED its affiliates, officers, directors, and employees from and against any claims, liabilities, damages, losses, and expenses (including attorney’s fees) arising out of or in connection with:
Your access to or use of the website.
Your violation of these Terms.
Your infringement of any third-party right, including intellectual property rights.
9. Governing Law and Dispute Resolution
9.1. Governing Law:
Specify the laws of the jurisdiction that will govern the Terms (e.g., “The laws of the State of New Delhi In the country of India.
9.2. Dispute Resolution (Optional but Recommended):
Option A (Arbitration): Mandate binding arbitration as the primary method for resolving disputes, waiving the right to a jury trial.
Option B (Litigation): Specify the exclusive venue and jurisdiction for any legal actions (e.g., “Any legal suit, action, or proceeding arising out of or related to these Terms shall be instituted exclusively in the federal or state courts located in New Delhi
10. Miscellaneous
10.1. Privacy:
Reference your separate Privacy Policy (e.g., “The use of the website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference.”).
10.2. Severability:
State that if any provision of these Terms is deemed unlawful or unenforceable, that provision will be removed, and the remaining provisions will remain in full force and effect.
10.3. Entire Agreement:
State that these Terms constitute the entire agreement between you and the Company regarding the website and supersede all prior or contemporaneous understandings.
11. Contact Information
Provide clear contact details for legal inquiries regarding the Terms:
Company Name: RKSWATI INTERNATIONAL PRIVATE LIMITED
Fill in the blanks with your company’s information and policies.
Create your Privacy Policy and any other referenced policies (like Shipping/Refunds).
Consult Legal Counsel:This is the most important step. Have a lawyer review your final document to ensure it protects your business and is compliant with local laws (GDPR, CCPA, etc., may also apply depending on where your customers are).
