Swayam Analytics Pvt. Ltd. (hereinafter referred to as “We/ Us/ Our ”) through its website https://swayamanalytics.com/, (hereinafter referred to as the “Portal/Platform”) provides individuals (hereinafter referred to as “You”) with Psychometric Analysis by assessing and analyzing their needs, wants, thought processes, behaviour and thinking patterns by collecting certain personal information thorough our online test (“Test”), in order to come up with a solution for them to work to their full potential (“Report”) (The Test, Report and other allied services provided by Us to You on the Portal/Platform shall collectively be referred to as “Services”)
Your access and use of the Services are subject to these Terms of Use and the Privacy Policy applicable to your device. These Terms of Use are in addition to any other agreements between You and Us. By using the Services, You acknowledge that You have read and understood these Terms of Use and You agree to be bound by them at all times. If You do not agree to these Terms of Use, kindly do not use the Services.
We reserve the right to modify any of these Terms of Use at any time and in any manner whatsoever, at our sole discretion, including but not limited to the right to charge for the Services (or any part thereof). All modifications to these Terms of Use shall be posted on the Portal/Platform and shall be effective from the date of posting such notice. You agree that We shall not be liable to You or to any third party for any modification to these Terms of Use. You have the right to cease using any or all of the Services at any given time at Your discretion.
By accessing the Portal/Platform and/or utilizing the Services, you hereby agree and/or consent to the following:
1.1 You hereby agree and accept that We will take reasonable measures to protect Your privacy with regard to information—personal or otherwise provided to us, except where disclosure may be necessary for providing You with the Services or if required by any legal authority.
1.2 You hereby agree and accept that the responses to the Tests may be used by Us for research and other commercial and non-commercial purposes or any other purposes that We may deem necessary.
1.3 You hereby also agree that You are undertaking the Test out of Your own free will and accord and that You have not been forced or coerced to undertake the Test. By undertaking the Tests You certify that You are above eighteen (18) years of age and are capable of undertaking it independently whilst in a sound state of mind.
1.4 Unless otherwise specified herein, the Services are for Your personal and non-commercial use. You shall not modify, distort, block, copy, distribute, transmit, display, perform, reproduce, reverse engineer, decompile, decrypt, disassemble, attempt to derive the source code, publish, license, create derivative works from, transfer, or sell any information, software, products or Services obtained from the Portal/Platform.
1.5 As a condition to Your use of the Services, You agree that You shall not use the Services, the Portal/Platform or any part thereof, for any purpose that is unlawful or prohibited by these Terms of Use or the Privacy.
You understand that You may not use the Services in any manner that could damage, disable, overburden, or impair the Swayam™ server, or the network(s) connected to any Swayam™ server, or interfere with any other party’s use and enjoyment of any our Services.
You further undertake not to gain or attempt to gain unauthorized access to any Services, accounts, computer systems or networks connected to any Swayam™ server or to any of the Services, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. (By hacking we mean, the unauthorized access to a computer resource with or without the intention to edit, delete, destroy, and alter any file in any user’s directory. By password mining We mean, the unauthorized process/ method of trying to retrieve or collect the user ID and passwords of users of the Portal/Platform.)
1.6 You agree that You shall not use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of the owner of such intellectual property.
1.7 You agree that You will not download any file posted by another user of the Portal/Platform that cannot be legally reproduced, displayed, performed, and/or distributed.
1.8 You agree that You will not falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is downloaded.
1.9 You agree that You shall not supply, use or attempt to create alternative methods of using the Porta/Platform.
1.10 You agree that You shall not harvest or otherwise collect information about other users of the Portal/Platform, including e-mail addresses, personal data or any other information of whatsoever nature.
1.11 You agree that You shall not violate any applicable laws or regulations applicable to the country You reside in, or from which You are accessing the Portal/Platform. You further agree not to publish, host, or provide Us with information 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 offence or prevents investigation of any offence or is insulting to any other nation.
1.12 You agree that You shall not create a false identity for the purpose of misleading others or provide Us with information that is false, inaccurate or misleading and which may impose any liability on Us or cause Us to lose (in whole or in part) the services of its internet service providers (ISP) or other suppliers.
1.13 You acknowledge that You have read and understood the sample profile-results report, payment details and terms of the Privacy policy fully. You agree and consent to making payments to Us (We have authorized “Avenues India Pvt. Ltd.” for collecting the amount on Our behalf) for the purpose of undertaking the Tests and obtaining the Reports.
1.14 You agree that You are making such payment on being satisfied with the sample profile and report. You understand that the sample profile and report is only an indicator of the Test and Report and the final Test and Report may or may not produce the same results as under the sample profile and report provided on the Portal/Platform.
1.15 You agree that the payment made by You shall be deducted in advance and is non-refundable. You are not entitled to seek a refund on the amount paid by You for any reason whatsoever including but not limited to Your dissatisfaction with the Services, except unless incorrectly deducted from Your bank account due to a technical mishap.
1.16 By clicking on the “Download Report” button, You agree that the Report has been delivered to You. You further understand that the Report is accessible on the Portal/Platform for Your future reference and may be downloaded at any point of time in the future by logging in with Your username and password, at no additional cost.
1.17 You shall not use, download, copy, or otherwise provide (whether or not for a fee) to a other person or entity, a directory of users of the Services or the Portal/Platform (or any portion thereof) or any other details of such users..
1.18 You understand and agree that materials uploaded to the Portal/Platform may be subject to posted limitations on usage, reproduction and/or dissemination and that You are responsible for adhering to such limitations if and when You download the materials.
1.19 You further understand and agree that You shall not publish, post, upload, distribute or disseminate any inappropriate, impersonating, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
1.20 You further understand and agree that You shall not publish, post, upload, distribute or disseminate any information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; providing or creating computer viruses.
1.21 You agree that You shall not use the Portal/Platform in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
1.22 You agree that You have read the Privacy Policy, Disclaimers, Instructions and the Conditions and Terms of Use applicable to the Portal/Platform and the Services. You further declare that You are aware of the content and style of the Sample Profiling report and the pricing for each such Report. You agree and consent that the Services are not free-services and are subject to Us receiving complete payments from You.
You agree to undertake the Tests sincerely and truly to the best of Your knowledge, belief and ability.
Content
You agree that You shall be personally responsible for all the content transmitted by You through the Portal/Platform or the Services. You shall ensure that all such content is in accordance with Our Privacy Policy and these Terms of Use. We may at our sole discretion review and delete any content, in whole or in part that We may perceive to be offensive, illegal or violating any third-party rights and / or otherwise breaches these Terms of Use. You hereby grant Us complete access to the Your content including but not limited to a royalty free, worldwide, transferable license to use such content for the purposes of rendering the Services or rendering you access to the Services (or to any part thereto).
Termination
These Terms of Use shall remain in full force and effect unless terminated in accordance with this section. You may choose to terminate Your account for any reason, at any given time.
You agree that We may at any given time, at our sole discretion terminate Your login details, Your account (or any part thereof), use of the Services and/or access to the Portal/Platform (or any part thereof) due to improper use of the Services, violation of any law in force or these Terms of Use or other policies applicable to you or failure to pay any fees, where applicable.
You agree that under no circumstances shall We be liable to You or any third party for any modification or termination of Your access to the Services, or for Your inability to recover any of your content.
Limited liability
We, our affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents shall not be held liable for any indirect, speculative, consequential, exemplary, incidental, special or punitive damages, which may include but not be limited to loss or theft of data, failure in the Services, business interruptions, and loss of profits, revenues or data or any other financial loss, regardless of whether such persons had advance notice of the possibility of any such damages. To the extent permitted by law, Our liability including those of our suppliers, distributors, shareholders, directors and employees shall not exceed the amount paid by You for the purpose of availing the Services.
Each of these provisions are severable and independent of all other provisions of these Terms of Use. Notwithstanding the above, We shall not be liable for any unforeseeable and/or unreasonable damages.
We shall not be liable for any third-party content, actions, services; or links to third-party websites on the Portal/Platform, which are not under our control. You are advised to exercise discretion while relying on the same.
Indemnity
You agree to defend, indemnify and hold harmless Us, Our affiliates, suppliers, and their respective officers, directors, shareholders, employees, and agents from and against any and all cost, damages, liabilities and expenses (including reasonable attorney fees, costs, penalties interest and disbursements) which may be incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to Your use of the Services/Portal/Platform or the use of the Services/Portal/Platform by any person using Your account, including any claim that Your use of the Services/Portal/Platform violates any applicable law or regulation, rights of any third party or these Terms of Use.
Representations and Warranties
The Services and content thereto made available to You through Portal/Platform are provided to You on an ‘as is’ basis, without representations or warranties of any kind. We disclaim all representations and warranties whether expressed or implied, oral or written with respect to the Services or content thereto, whether alleged to arise by operation of law, by reason of custom, usage or otherwise.
We further make no representation or warranty with respect to the quality, value, scalability, functionality, accuracy, authenticity, title and non-infringement of the content or Services offered on Portal/Platform or otherwise.
Intellectual Property
You shall own all right, title and interest including all intellectual property rights to the content you provide Us with. We shall not be responsible for any infringement of any third-party intellectual property rights in the content provided by You on the Portal/Platform.
We shall retain all rights, title and interest in and to the Services and Portal/Platform and all intellectual property thereto including but not limited to various tangible and intangible information including, various data, trademarks, trade names, trade secrets, registered or unregistered patents, copyrights, designs, or any other documents.
Dispute Resolution
These Terms of Use shall be governed and construed in accordance with the laws of India. The competent courts at Bengaluru City, India alone shall have the jurisdiction over issues arising out of this Agreement.
Severability
Any provision of this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
Contact information: If you have a query, which was not addressed in these Terms of Use, you may contact us here: support@swayamanalytics.com
Disclaimer
Copyright: This Psychometric Analysis Portal/Platform is Copyrighted by No. 11330/2011-COA. Any reproduction, republishing, distributing, transmitting, copying, broadcasting, displaying adaptation or similar use of the said Portal/Platform is not permitted without the prior express written permission of the Copyright owner. Unless you are licensed by Swayam Personality Assessment™ under a specific license or agreement, use of our intellectual property without our prior written permission is not allowed.
Trademark: Swayam® and Swayam Personality Assessment™ are registered trademarks owned by us. The names, trademarks, service marks, logos, icons and trade dress featured or referred are our sole and exclusive property of Swayam Personality Assessment..
Patent Pending: This Psychometric Analysis Portal/Platform is the subject matter of Indian Patent Application Number 3096/CHE/2010.
