Terms & Conditions

SwigCom Technologies Private Limited, on behalf of itself and its affiliates/group companies under the brand "SpeekHive" (“SpeekHive”), is the author and publisher of the internet resource www.SpeekHive.com and the mobile application ‘SpeekHive’ (together, “Website”).

• 1. NATURE AND APPLICABILITY OF TERMS

  Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at www.SpeekHive.com/privacy_policy.html  (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by SwigCom. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and SwigCom in connection with your visit to the Website and your use of the Services (as defined below).

  The Agreement applies to you whether you are -

  • A professional or service provider (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Website, including designated, authorized associates of such consultants or institutions (“Consultant(s)”, “you” or “User”); or
  • An individual, his/her representatives or affiliates, searching for Consultants or other individuals through the Website (“End-User”, “you” or “User”); or
  • Otherwise a user of the Website (“you” or “User”).

  This Agreement applies to those services made available by SwigCom on the Website, which are offered free of charge to the Users (“Services”), including the following:

  • For Consultants: Listing of Consultants and their profiles, interests, spoken languages, charges, to be made available to the other Users and visitors to the Website;
  • For other Users: Facility to (i) create and maintain ‘User Account’, (ii) search for Consultants by Spoken Langugages, interests, gender, age, specialty, experience, qualification and geographical area, or any other criteria that may be developed and made available by SwigCom, and (iii) to make appointments or conversations with Consultants.

  The Services may change from time to time, at the sole discretion of SwigCom, and the Agreement will apply to your visit to and your use of the Website to avail the Service, as well as to all information provided by you on the Website at any given point in time.

  This Agreement defines the terms and conditions under which you are allowed to use the Website and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@SpeekHive.com.

  By downloading or accessing the Website to use the Services, you irrevocably accept all the conditions stipulated in this Agreement  and Privacy Policy, as available on the Website, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website to avail the Services. By availing any Service, you signify your acceptance of the terms of this Agreement.

  We reserve the right to modify or terminate any portion of the Agreement for any reason and at any time, and such modifications shall be informed to you in writing You should read the Agreement at regular intervals. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Agreement so modified.

  You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Website or avail any Services.

  Your access to use of the Website and the Services will be solely at the discretion of SwigCom.

  The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

• 2. CONDITIONS OF USE

  You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to SwigCom that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

• 3. TERMS OF USE APPLICABLE TO ALL USERS OTHER THAN CONSULTANS

  The terms in this Clause 3 are applicable only to Users other than Consultants.

  • 3.1 END-USER ACCOUNT AND DATA PRIVACY
    • 3.1.1  The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.
    • 3.1.2   SwigCom may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of SwigCom’s services and to build new services.
    • 3.1.3  The Website allows SwigCom to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments, conversations and for obtaining feedback in relation to the Consultants and their conversations with Users.
    • 3.1.4  The Privacy Policy sets out, inter-alia:
      • The type of information collected from Users, including sensitive personal data or information;
      • The purpose, means and modes of usage of such information;
      • How and to whom SwigCom will disclose such information; and,
      • Other information mandated by the SPI Rules.
    • 3.1.5  The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:
      • the fact that certain information is being collected;
      • the purpose for which the information is being collected;
      • the intended recipients of the information;
      • the nature of collection and retention of the information; and
      • the name and address of the agency that is collecting the information and the agency that will retain the information; and
      • the various rights available to such Users in respect of such information.
    • 3.1.6   SwigCom shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to SwigCom or to any other person acting on behalf of SwigCom.
    • 3.1.7  The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify SwigCom of any actual or suspected unauthorized use of the User’s account or password. Although SwigCom will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SwigCom or such other parties as the case may be, due to any unauthorized use of your account.
    • 3.1.8 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or SwigCom has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SwigCom has the right to discontinue the Services to the User at its sole discretion.
    • 3.1.9 SwigCom may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
    • 3.1.10 Against every Consultant listed in SpeekHive.com, you may see a ‘Call’ option. When you choose this option, you choose to call the number through a telephony service provided by SwigCom, and the records of such calls are recorded and stored in SwigCom’s servers. Such records may be accessed by SwigCom for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to you by SwigCom should be used only for conversation purposes, and not for consultation on health-related issues. SwigCom accepts no liability if the call facility is not used in accordance with the foregoing. SwigCom may also choose to not use this facility and show the consultant's direct number.
    • 3.1.11 By using Website the User & Consultant agrees that he/she shall defend and hold harmless SwigCom from any legal action arising by the use of services offered by SwigCom including but not limited to conversation services.
  • 3.2 RELEVANCE ALGORITHM

    SwigCom’s relevance algorithm for the Consultants is a fully automated system that lists the Consultants, their profile and information regarding their Practice on its Website. These listings of Consultants do not represent any fixed objective ranking or endorsement by SwigCom. SwigCom will not be liable for any change in the relevance of the Consultants on search results, which may take place from time to time. The listing of Consultants will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. Such factors may change from time to time, in order to improve the listing algorithm. SwigCom in no event will be held responsible for the accuracy and the relevancy of the listing order of the Consultants on the Website.

  • 3.3 LISTING CONTENT AND DISSEMINATING INFORMATION
    • 3.3.1 SwigCom collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Consultants listed on the Website, such as their specialization, qualification, fees, age, gender and experience. SwigCom takes reasonable efforts to ensure that such information is updated at frequent intervals. SwigCom doesnot screens or vets the information and photos submitted by the Consultants, so it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.
    • 3.3.2 The Services provided by SwigCom or any of its licensors or service providers are provided on an "as is" and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). SwigCom does not provide or make any representation, warranty or guarantee, express or implied about the Website or the Services. SwigCom does not guarantee the accuracy or completeness of any content or information provided by Users on the Website. To the fullest extent permitted by law, SwigCom disclaims all liability arising out of the User’s use or reliance upon the Website, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Website, or any opinion or suggestion given or expressed by SwigCom or any User in relation to any User or services provided by such User.
    • 3.3.3 The Website may be linked to the website of third parties, affiliates and business partners. SwigCom has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Website. Inclusion of any link on the Website does not imply that SwigCom endorses the linked site. User may use the links and these services at User’s own risk.
    • 3.3.4 SwigCom assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, User’s sole remedy is to discontinue using the Website.
    • 3.3.5 If SwigCom determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, SwigCom reserves the right to immediately suspend your access to the Website or any of your accounts with SwigCom and makes such declaration on the website alongside your name/your clinic’s name as determined by SwigCom for the protection of its business and in the interests of Users. You shall be liable to indemnify SwigCom for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected SwigCom or its Users.
  • 3.4 CALL FACILITY

    SwigCom enables Users to connect with Consultants through telephonic services which connect Users directly to the Consultant’s number provided on the Website.

    • 3.4.1 SwigCom reserves the right to share the information provided by the User with the Consultant and store such information and/or conversation of the User with the Consultant, in accordance with our Privacy Policy.
    • 3.4.2 The results of any search Users perform on the Website for Consultants should not be construed as an endorsement by SwigCom of any such particular Consultant. If the User decides to engage with a Consultant to seek consultation, conversation services, the User shall be doing so at his/her own risk.
    • 3.4.3  Without prejudice to the generality of the above, SwigCom is not involved in providing any healthcare or medical advice or diagnosis and hence is not responsible for any interactions between User and the Consultant. User understands and agrees that SwigCom will not be liable for:
      • User interactions and associated issues User has with the Consultant;
      • the ability or intent of the Consultant(s) or the lack of it, in fulfilling their obligations towards Users;
      • any wrong advise, thoughts, medication or quality of treatment being given by the Consultant(s), or any medical negligence on part of the Consultant(s);
      • inappropriate treatment, or similar difficulties or any type of inconvenience suffered by the User due to a failure on the part of the Consultant to provide agreed Services;
      • any misconduct or inappropriate behaviour by the Consultant or the Consultant’s staff;
      • cancellation or no show by the Consultant or abrupt call drop by Consultant or any variation in the fees charged.
    • 3.4.4 Users are allowed to provide feedback about their experiences with the Consultant, however, the User shall ensure that, the same is provided in accordance with applicable law. User however understands that, SwigCom shall not be obliged to act in such manner as may be required to give effect to the content of Users feedback, such as suggestions for delisting of a particular Consultant from the Website.
    • 3.4.4 At any time during the conversation if User or Consultant is rude, disrespectful, threatening, harassing, or overtly sexual, then SwigCom as well as the other party on call (Consultant or User) has the right to end the call, in which case the Client or Consultant shall not be entitled to any refund. SwigCom also has the right to refuse services to any such Client or Consultant for such incident.
    • 3.4.6 Cancellation and Refund Policy
      • Users are charged after each conversation with Consultants, Hence therre will be no refund once chraged for a conversation. Also no charges are taken during booking a Consultants, Hence Cancellation also doesnt apply for the offered services.
  • 3.5 NO DOCTOR-PATIENT RELATIONSHIP; NOT FOR EMERGENCY USE
    • 3.5.1 Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Website (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licensed medical professional/patient relationship, between SwigCom and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified consultant.
    • 3.5.2 It is hereby expressly clarified that, the Information that you obtain or receive from SwigCom, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Website. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
    • 3.5.3 The Services are not intended to be a substitute for getting in touch with emergency healthcare. If you are an End-User facing a medical emergency (either on your or a another person’s behalf), please contact an ambulance service or hospital directly.
  • 3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS
    • 3.7.1 The contents listed on the Website are (i) User generated content, or (ii) belong to SwigCom. The information that is collected by SwigCom directly or indirectly from the End- Users and the Consultants shall belong to SwigCom. Copying of the copyrighted content published by SwigCom on the Website for any commercial purpose or for the purpose of earning profit will be a violation of copyright and SwigCom reserves its rights under applicable law accordingly.
    • 3.7.2 SwigCom authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Website, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Website (collectively, " SwigCom Content"), are the property of SwigCom and are protected under copyright, trademark and other laws. User shall not modify the SwigCom Content or reproduce, display, publicly perform, distribute, or otherwise use the SwigCom Content in any way for any public or commercial purpose or for personal gain.
    • 3.7.3 User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
• 3.8 USER STORIES

  By using this Website, you agree that any information shared by you with SwigCom or with any Consultant will be subject to our Privacy Policy.

  You are solely responsible for the content that you choose to submit for publication on the Website, including any User stories or recommendations (“Critical Content”) relating to Consultants or other professionals. The role of SwigCom in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. SwigCom disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. SwigCom shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms.

  Your publication of user stories on the Website is governed by Clause 5 of these Terms. Without prejudice to the detailed terms stated in Clause 5, you hereby agree not to post or publish any content on the Website that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation, including but not limited to the IG Rules and SPI Rules. SwigCom, at its sole discretion, may choose not to publish your patient stories, if so required by applicable law, and in accordance with Clause 5 of these Terms. You agree that SwigCom may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

  • Obtaining feedback in relation to Website or SwigCom’s services; and/or
  • Obtaining feedback in relation to any Consultants listed on the Website; and/or
  • Resolving any complaints, information, or queries by Consultants regarding your Critical Content;

  and you agree to provide your fullest co-operation further to such communication by SwigCom. SwigCom’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.

• 3.9  PAYMENT
  • 3.9.1 Users are charged for every conversation with Consultant or other Users through the SpeekHive website, mobile application, telephony platform. The charges varies from Consultant to Consultant being contacted and will be displayed on the Website when user clicks "Call" button to connect to the Consultant
  • 3.9.2 Total charged amount includes Consultant's fee & SpeekHive convenience or platform fee. Users will see the total charges in "Wallet" section. The charges are auto deducted from Wallet post each conversation. These charges does not include the call charges that User still have to pay to its mobile, telcom service provider as per their calling plans.
  • 3.9.3 User can setup Email communication as preference to get the invoices emailed post each conversation or may reach out to billing@speekhive.com to get the same.
  • 3.9.4 User charges varies based on various parameters including but not limited to time of actual conversation, End-User rating or preference, Consultant's raniking or performance, marketing or promotional offers from time to time.
  • 3.9.5 User can add money to the Wallet using netbanking, credit cards, UPIs and other payment methods available on website, provided by integrated payment gateways.

4.  TERMS OF USE CONSULTANS

The terms in this Clause 4 are applicable only to Consultants.

• 4.1  LISTING POLICY
  • 4.1.1 SwigCom, directly and indirectly, collects information regarding the Consultants’ profiles, contact details, and practice. SwigCom reserves the right to take down any Consultant’s profile as well as the right to display the profile of the Consultants, with or without notice to the concerned Consultant. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform SwigCom immediately to enable SwigCom to make the necessary amendments.
  • 4.1.2 SwigCom shall not be liable and responsible for the ranking of the Consultants on external websites and search engines
  • 4.1.3 SwigCom shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by SwigCom, where the User has expressly or implicitly consented to the making of disclosures or publications by SwigCom. If the User had revoked such consent under the terms of the Privacy Policy, then SwigCom shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by SwigCom prior to its actual receipt of such revocation.
  • 4.1.4 SwigCom reserves the right to moderate the suggestions made by the Consultants through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, SwigCom shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Consultants are added to the Website.
  • 4.1.5 Consultants explicitly agree that SwigCom reserves the right to publish the Content provided by Consultants to a third party including content platforms.
  • 4.1.6 When you are listed on SpeekHive.com, End-Users may see a ‘Call’ option. When End-Users choose this option, they choose to call your number through a telephony service provided by SwigCom, and the records of such calls are recorded and stored in SwigCom’s servers. Such records may be accessed by SwigCom for quality control and support related purposes and are dealt with only in accordance with the terms of the Privacy Policy. Such call facility provided to End-Users and to you by SwigCom should be used only for conversation purpose. SwigCom accepts no liability if the call facility is not used in accordance with the foregoing.
  • 4.1.7 You as a Consultant hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and SwigCom accepts no liability for the same.
• 4.2 PROFILE OWNERSHIP AND EDITING RIGHTS

  SwigCom ensures easy access to the Consultants by providing a tool to update your profile information. SwigCom reserves the right of ownership of all the Consultant’s profile and photographs and to moderate the changes or updates requested by Consultants. However, SwigCom takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using SwigCom’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, SwigCom may modify or delete parts of your profile information at its sole discretion with or without notice to you.

• 4.3 RELEVANCE ALGORITHM

  SwigCom has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the users. It is a pure merit driven, proprietary algorithm which cannot be altered for specific Consultants. SwigCom shall not be liable for any effect on the Consultant’s business interests due to the change in the Relevance Algorithm.

• 4.4 INDEPENDENT SERVICES

  Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by SwigCom.

• 4.5 SwigCom REACH RIGHTS

  SwigCom reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, SwigCom will not be liable for the accuracy of information or the claims made in the Sponsored ads. SwigCom does not encourage the Users to visit the Sponsored ads page or to avail any services from them. SwigCom will not be liable for the services of the providers of the Sponsored ads.

  You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and SwigCom accepts no liability for the same.

• 4.6  CALL FACILITY
  • 4.6.1 As a valuable partner on our platform we want to ensure that the Consultants experience on the SwigCom platform is beneficial to both, Consultants and their Users.
  • 4.6.2 Consultant understands that, SwigCom shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Consultant. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of SwigCom.
• 4.7  CONSULTANT UNDERTAKING

  The Consultant is and shall be duly registered, licensed and qualified to practice medicine/advisory/consulting/counselling/provide health care, wellness, legal or other services offered by him/her through website, as per applicable laws/regulations/guidelines set out by competent authorities and the Consultant shall not be part of any arrangement which will prohibit him/her from above services within the territory of India. The Consultant shall at all times ensure that all the applicable laws that govern the Consultant shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.

• 4.8  USAGE IN PROMOTIONAL & MARKETING MATERIALS

  In recognition of the various offerings and services provided by SwigCom to Consultant, Consultant shall (subject to its reasonable right to review and approve): (a) allow SwigCom to include a brief description of the services provided to Consultant in SwigCom’s marketing, promotional and advertising materials; (b) allow SwigCom to make reference to Consultant in case studies, and related marketing materials; (c) serve as a reference to SwigCom’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Consultant’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

• 4.9  PAYMENT
  • 4.9.1 Consultant can set or update the fee they want to earn for the conversations with Users of Website at any time using "Earn" page on website. Though SwigCom will govern the minumim and maximum fee a Consultant can charge to ensure Users are not charged with un-reasonable fee.
  • 4.9.2 SwigCom will ensure that Consultant get the converstaion fee they have setup in their "Earn" page, but will not be responsible if same is not met because of any reason including but not limited to complaint by End-User who had that conversation with the Consultant.
  • 4.9.3 Consultant earnings from conversations will be credited into their SpeekHive Wallet after each conversation. Consultant would be able to transfer the Wallet balance to their Bank accounts if wallet balance is more than 500 Rs.
  • 4.9.4 Post conversation an invoice will be raised by Consultant to the End-User for the fee they asked for in "Earn" page of website. By accpeting this Agreement, Consultant authorizes SwigCom to automate the invoice generation and supply to End User through its Website or mobile application.
  • 4.9.5 SwigCom will add a convenience or platform fee on top of Consultant fee to cover connection charges, development & maintainence of its platform/services and related expenses and margins. Hence amount charged to End-User is always more than the Consultant fee for each conversation. SwigCom will raise and supply the invoice of this convenience fee to the End-User for each conversation.
  • 4.9.6 The convenience or platform fee may vary based on various parameters including but not limited to time of actual conversation, End-User rating or preference, Consultant's raniking or performance, marketing or promotional offers from time to time. SwigCom will not be liable for any impact of Consultant's earnings due to this dynamic pricing model of convenience fee.

• 5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

  • 5.1 As mandated by Regulation 3(2) of the IG Rules, SwigCom hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
    • belongs to another person and to which the User does not have any right to;
    • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
    • harm minors in any way;
    • infringes any patent, trademark, copyright or other proprietary rights;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • impersonate another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • threatens the unity, integrity, defence, 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 any other nation.
  • 5.2 Users are also prohibited from:
    • violating or attempting to violate the integrity or security of the Website or any SwigCom Content;
    • transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by SwigCom;
    • intentionally submitting on the Website any incomplete, false or inaccurate information;
    • making any unsolicited communications to other Users;
    • using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
    • attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
    • copying or duplicating in any manner any of the SwigCom Content or other information available from the Website;
    • framing or hot linking or deep linking any SwigCom Content.
    • circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
  • 5.3 SwigCom, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. SwigCom shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
  • 5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, SwigCom has the right to immediately terminate the access or usage rights of the User to the Website and Services and to remove non-compliant information from the Website.
  • 5.5 SwigCom may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit SwigCom to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by SwigCom as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between SwigCom or any person on its behalf and the User or where the User has consented to data transfer.
  • SwigCom respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights

• 6. TERMINATION

  • 6.1 SwigCom reserves the right to suspend or terminate a User’s access to the Website and the Services with or without notice and to exercise any other remedy available under law, in cases where,
    • Such User breaches any terms and conditions of the Agreement;
    • A third party reports violation of any of its right as a result of your use of the Services;
    • SwigCom is unable to verify or authenticate any information provide to SwigCom by a User;
    • SwigCom has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
    • SwigCom believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for SwigCom or are contrary to the interests of the Website.
  • 6.2 Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

• 7. LIMITATION OF LIABILITY

  In no event, including but not limited to negligence, shall SwigCom, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
  • provision of or failure to provide all or any service by Consultants to End- Users contacted or managed through the Website;
  • any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
  • any unauthorized access to or alteration of your transmissions or data; or
  • any other matter relating to the Website or the Service.

  In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 100/- (Rupees One Hundred Only).

• 8. RETENTION AND REMOVAL

  SwigCom may retain such information collected from Users from its Website or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.

• 9. APPLICABLE LAW AND DISPUTE SETTLEMENT

  • 9.1 You agree that this Agreement and any contractual obligation between SwigCom and User will be governed by the laws of India.
  • 9.2 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Website or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by SwigCom. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Gurgaon. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
  • 9.3 Subject to the above Clause 9.2, the courts at Gurgaon, Haryana shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Website or the Services or the information to which it gives access.

• 10. CONTACT INFORMATION GRIEVANCE OFFICER

  • 10.1 If a User has any questions concerning SwigCom, the Website, this Agreement, the Services, or anything related to any of the foregoing, SwigCom customer support can be reached at the following email address: support@SpeekHive.com
  • 10.2 In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:

    Name: Mrs. Usha Aggrawal
    SwigCom Technologies Pvt Ltd
    Plot no 647, Secto 45
    Gurugram
    Haryana - 122003.
    Email: privacy@SpeekHive.com

    In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

• 11. SEVERABILITY

  If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

• 12. WAIVER

  No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by SwigCom. Any consent by SwigCom to, or a waiver by SwigCom of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.