TERMS AND CONDITIONS FOR WEBSITE USE


1. Acceptance of terms and conditions


    1. The https://www.swaindia.org/ website ("Website") is an internet-based informative portal owned and operated by Screenwriters Association ("SWA", “We”, “Us”), a Trade Union for the rights of Screenwriters registered under the laws of India, with its registered office at 201-204, Plot No. B-29, Off New Link Road, Opposite City Mall, Andheri West, Mumbai, Maharashtra 400053.

    2.  Through the Website, SWA provides you ("User", “You”, “Your”) information related to SWA, its function, membership, work registration, contact information, standard agreements and policy drafts, etc. SWA also provides Users a platform for online registration of their work, booking tickets for SWA Events including workshops, conferences, summits, etc. and other functions as the time to time announced by SWA.

    3. This User Agreement ("Agreement") sets out the general terms and conditions regarding the use of the Website by any User. In addition to this Agreement and depending on the Services (defined below) opted for by the User, the User shall be required to read and accept the relevant Terms of Service (TOS) for each Service given SWA Constitution and Bylaws, which may be updated or modified by SWA from time to time. It is clarified that different Services may different have TOS. Such TOS shall be deemed to be a part of this Agreement. 

    4. Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the TOS, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that the use of the Website by the User constitutes an acknowledgment and acceptance by the User of this Agreement and the TOS. If the User does not agree with any part of such terms, conditions, and notices, the User must not use the Website.



  1. Services provided by the Website and payment terms and conditions


    1. SWA in its sole discretion can provide any service through the Website including but not limited to conducting events/workshops for members and nonmembers, providing SWA membership, providing online script registration facilities, providing facilities for readmission, renewal, upgradation of membership, accepting donations, transporting the documents like SWA membership card, Constitution book, etc. (Hereinafter referred as ‘Service’).

    2. SWA is entitled to accept the payment from the User for any Service (Hereinafter referred as Fee by any valid Debit and Credit Cards and other authorized method. The SWA reserves right to alter the Fee from time to time.

    3. The User shall be liable to pay all applicable charges including internet handling charges, fees, duties, taxes, levies, and assessments for availing the Services, whenever the same is applicable (Applicable Charges). 

    4. User shall pay the Fee and Applicable Charges as specified by SWA. Except as otherwise specified herein or in any specific case by SWA (i) Fee are based on purchase and not actual usage, (ii) payment obligations are non-cancellable and Fee paid are non-refundable.

    5. Members agree that if due to any technical reason, payment is done but the intended outcome (i.e. script-registration/membership renewable/readmission/up-gradation/any similar activities) remains unsuccessful/incomplete, the member shall inform SWA on contact@swaindia.org within twenty-one (21) days of such issue. Any information received after twenty-one (21) days or at any other email ID shall not be entertained. 

    6. The Users will provide SWA with a valid and updated card details with a valid purchase order for the Service or any document reasonably acceptable to Us. You have authorized Us to deduct the Fee and Applicable Charges (if any) as per the payment mode chosen by You. You are responsible for providing SWA complete and accurate billing information and notify Us of any changes to such information.

    7. SWA shall be entitle to terminate or suspend the Service at the ground of the nonpayment of the Fee and Applicable Charges.

    8. Please note that the ‘SWAIND header’ is used to send transactional updates to You vide Our Accounts Portal.

    9. The user can access and get informed by the Cancellation and Refund FAQ given on Website.


  1. Modification of terms and condition


 SWA reserves the right to change the terms, conditions, and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.


3. Privacy Policy


The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of SWA in respect of the Website, The User further consents that the terms and contents of such Privacy Policy are acceptable to him/her. 


4. Limited User



 The User agrees and undertakes not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.

 

5. Limitation of liability


  1. SWA has endeavored to ensure that all the information on the website is accurate and up-to-date. However, information on the Website pages may contain inaccuracies or typographical errors and may be changed or updated without notice.

  2. We are not liable for any loss arising out of the use of the information on this site. The information is provided without warranty of any kind, either express or implied and the contributors do not accept any liability or responsibility for any loss which may arise from any reliance on the content, including, without limitation, any lost profits, business interruption, loss of programs or other data, nor for typographical or other errors or omissions on any page.

  3. The content of this website is for general guidance only and should not be regarded as constituting legal or business advice or opinion. Legal and business advice should be sought and taken about the specific circumstances of each case and nothing appearing on this Website is intended to be a substitute for obtaining specific legal and/or business advice from a competent professional.

  4. This website contains links to other websites. SWA is not responsible and cannot be held liable for the content and/or for the privacy policies of such sites. 


6. Use of Communication Service


  1. The Website may contain services such as email, chat, WhatsApp, information related to recommendations and other Service-related messages (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to send and receive messages and material that are proper and related to the particular Communication Service.

  2.  By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not: 

  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others including SWA;

    • send/upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents;

    • send/upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or computer;

    • advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

    • conduct or forward surveys, contests, pyramid schemes or chain letters;

    • falsify or delete any 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 uploaded;

    • violate any code of conduct or other guidelines, which may apply for or to any particular Communication Service;

    • violate any applicable laws or regulations for the time being in force in or outside India, and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.


7. No liability in the case of third party collaboration


It is understood that under no circumstances the SWA shall assume any responsibility for or obligation or duty with respect to any part or all, on behalf of any third party that it collaborates with for any event/workshop/contest, of any nature or kind whatsoever, or any matter or proceedings arising out of or relating thereto. SWA shall not be required to take any action of any kind to collect or protect any interest of its members/nonmember in relation such an  event/workshop/contest, and in no event shall SWA be liable to its member/nonmember for any loss of intellectual property, anticipated profits or other consequential, special or indirect loss or damage of any nature arising at any time, whether arising under contract, tort (including negligence), strict liability or dispute situation or for any other cause whatsoever. However, SWA members can always approach its Dispute Settlement Committee (DSC) with their grievances, if any, related to Copyright infringement, credits and remuneration.   


8. Termination/Access restriction


SWA reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.



10. User’s obligation and User’s Account

  1. In consideration of the use of the Website, the User represents and confirms that the user is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law. 

  2. To avail a Service, the user has and must continue to maintain at his sole cost: (i) all the necessary equipment including a computer and modem, etc. to access the Website/avail Services; (ii) own access to the World Wide Web. The user shall be responsible for accessing the Services and that access may involve third-party fees including, airtime charges or internet service provider charges which are to be exclusively borne by the User.

  3. The user also understands that the services may include certain communications from SWA as announcements and administrative messages. User understands and agrees that the services are provided on an "as is" basis and that SWA does not assume any responsibility for deletions, non-delivery or failure to store any user communications or personalized settings.

  4. The Sign-in of a user on the Website is optional. A user has to become an SWA member as per the Constitution and Bylaws of SWA and then only a User (member) shall be able to Sign In to the Website. A User (member) shall receive a permanent membership number after becoming a member of SWA. Accordingly, the User (member) can log in to the Website using the membership number and password. Subsequently, the User (member) can register his/her work and carry out other permitted activities. 

  5. The User (member)is responsible for the security of theuser id and password and for all activity/transactions undertaken using the password on SWA website. The Password entered by the User (member) is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to SWA. The user (member or non-member) confirms that he or she is the original account holder/authorized holder of any card used in the transactions made to avail of SWA Services. SWA will not be responsible for any financial loss, inconvenience or mental agony resulting from the misuse of the ID/password/credit card number/account details number for using Services. The User (member) also agrees and undertakes to immediately notify SWA of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. SWA shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement. Further, the User (member) agrees not to use any other party's (member’s) user id and password for any purpose whatsoever without proper authorization from such a party.

  6. The User (member) also agrees to (i) provide true, accurate and complete information about himself and his beneficiaries if required for any purpose on the Website; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User (member) provide any information that is untrue, inaccurate, not current or incomplete or SWA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SWA has the right to suspend or terminate the User's membership and refuse any and all current or future use of the Website and/or any Service.

  7. Furthermore, the User (member) grants SWA the right to disclose to third parties his or her Data to the extent necessary for carrying out the Services. 

  8. Users shall follow all the obligations listed in SWA’s Constitution, Bylaws, Rules and Regulations and protocols. 

  9. A User (member) shall never use his/her account for registration of a work created by someone else (hereinafter referred to as “Proxy Registration”). The Proxy registration is invalid. SWA can take disciplinary action against any person engaged in Proxy Registration and immediately cancel the same. Further, there shall not be any refund of the registration fee in the case of Proxy Registration cancellation.

11. Breach


  1. Without prejudice to the other remedies available to SWA under this Agreement, the TOS or SWA’s constitution, Bylaws or other applicable law, may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:

  • The User is in breach of this Agreement, the TOS and/or the documents it incorporates by reference;

  • SWA is unable to verify or authenticate any information provided by the User including the payment details; 

  • SWA believes that the user's actions may infringe on any third party rights or breach any applicable law or SWA Constitution and Bylaws or otherwise result in any liability for the user, other users of the website and/or SWA;

  • SWA believes that User has violated the Constitution, Bylaws and Rules and Regulation and guidance of SWA. 

  1. SWA may at any time in its sole discretion reinstate suspended users. Once the user has been indefinitely suspended the user may not register or attempt to register with SWA or use the website in any manner whatsoever until such time that the user is reinstated by SWA. Bylaws, SWA reserves the right to recover any amounts due and owing by the user to SWA and/or the service provider and to take strict legal action as SWA deems necessary. 


12.  Proprietary


SWA may provide the User with content such as sound, photographs, graphics, video or other material on its Website. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as authorized by SWA and duly site the same. 


13. Complaints & Queries


  1. The SWA aspires to the highest standards in relation to the conduct and treatment of both our staff and members in relation to matters concerning data protection. For this reason, we take any complaints we receive very seriously. Please bring to our notice in case of any misleading, inappropriate or unfair information that has been posted on our website sent or communicated to you in the name of SWA. Please refer to our Privacy Policy to understand how we use and collect your data, however, if you have a grievance with regards to how we have processed your personal information please email us at and register a complaint regarding the same. We also welcome feedback and suggestions to improve our services.

  2. Please note that when we receive a complaint from a person we make up a file containing the details of the complaint. This normally contains the identity of the complainant and any other individuals involved in the complaint. We at SWA do not in any way make commercial use of the data given to us in any way.  We will only use the personal information we collect to process the complaint and to assess the level of service we provide. We may compile and publish statistics showing information, such as the number of complaints we receive, but not in a form that identifies anyone. Similarly, where enquiries are submitted to us we will only use the information supplied to us to deal with the enquiry and any subsequent issues and to check on the level of service we provide.

  3. Any email Communication from SWA shall be only through official email ID having domain ‘swaindia.org’. Please do not response to an email sent (impersonating SWA) through any personal email ID/unauthentic ID. SWA shall not be liable for any loss suffered by you while responding to any unauthentic email communications. 


14. Termination of Agreement and services


  1. SWA may terminate this Agreement and a Service with or without cause at any time to be effective immediately.

  2. The User agrees that SWA may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the TOS, requests by enforcement or government agencies, requests by the User, Constitution, and Bylaws of SWA. 


15. Indemnification


You shall release, indemnify, defend and hold harmless SWA, and any of its employees, affiliates and member’s liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and expenses, of third parties, relating to or arising out of material breach of website use terms and conditions and privacy policy along with unauthorized use of the website.


16.  Governing law and Jurisdiction


This Agreement and each TOS shall be governed by and constructed per the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai. 


 


 


 

Refund and Cancellation Policy

GENREAL

  1. SWA provides online payment facilities through its websitewww.swaindia.org for SWA membership, Readmission, Renewal, Upgradation, Penalty, Script Registration, purchase/registration of event/workshop/conference tickets, donation, sponsorship amount, courier charges, printing charges (for SWA membership card), DSC commission, as well as any other charges or services as determined, fixed and revised by SWA Constitution and Byelaws and/or its working Executive Committee from time to time.


  1. Our Constitution Book and Byelaws are available as PDF files, free to download on our website the link of which is also shared with every new member in the welcome email. Members can also order for the hard copy of the Constitution Book. SWA charges additional courier charges if the Constitution Book and/or SWA Membership Card needs to be couriered to the member. 


  1. SWA has strict NO REFUNDS policy for any successful transaction related to any of its services or functions.


 

  1. We initiate a refund only in the case of a technical error in which money has been deducted and reflects in our Payment Gateway account but the transaction did not fetch the desired result on the system due to a technical issue. For all such cases, the concerned member must bring the issue to SWA's notice within twenty-one (21) days, in case of online script registration within five (5) days, of the said transaction by sending an email with specific details and screenshots. After twenty-one (21) days, in case of online script registration after five (5) days, such refund requests shall not be entertained.(Send us an email at contact@swaindia.org with screenshots of the error page and/or the last page that you saw while the transaction and message/email of money being deducted. We will check and initiate a refund if the money reflects in our Payment Gateway account, within 8-10 business day.)

  2. In case, the money is deducted and it does not reflect in our Payment Gateway account then it's a situation which is between the payee's bank/card and the payment gateway, and NOT under SWA's functioning.

  3. Cancellation or Expiry of SWA membership takes place at its own when the membership expires OR if the Executive Committee resolves to cancel the membership of any member for disciplinary or other reasons. 


  1. We accept payments through our Online Payment Gateway partner/s Our Online Payment Gateway partner has multiple options to make a payment like credit card, debit card, net banking, wallets, UPI payments etc. 


  1. SWA’s fees/charges remain the same online and offline as determined, fixed and revised by SWA Constitution and Byelaws and/or its working Executive Committee from time to time.


  1. All the payments are being done at the Third Party Payment Gateway partners. The SWA website is not aware of any specific details of the Credit/Debit Cards, mode of payment used SWA bears the expenses of the Convenience Fees to its Payment Gateway partners, for all the transactions. 


  1. SWA website may or may not secure the data which the user fills while making a transaction, namely - Name, Email ID, Phone number, Billing Address and any additional special remarks entered by the user along with the records of the transactions like Payment Gateway reference number, order ID, transaction ID, date and time of transaction etc.



SWA EVENTS


  1. All the details about SWA events (conferences, workshops, summits, etc.) shall be uploaded on the website of SWA along with other social networking platforms. There shall be details of all necessary information about the events like important dates, venue, price of tickets and all other terms and conditions of the online/offline booking. Stay tuned. 


  1. Arbitrary Cancellation and Refund is not allowed, after bookings. However, in case of an emergency situation, the Hon. General Secretary and/or the Executive Committee may use their discretion and entertain a refund request. 


  1. We shall inform the process of refund through email incase a refund request is approved by the Hon. General Secretary and/or the Executive Committee for any special circumstances, or if SWA cancels the event due to any emergency circumstances. Usually it takes 8-10 business day to initiate such a refund. You may write an email to event@swaindia.orgto request for a refund on an event ticket under special circumstances.


  1. The option of buying event tickets at SWA office, with cash or card swipe, will depend on the discretion of the Hon. General Secretary and/or the Executive Committee for any specific event. This policy may vary from event to event. In case the purchase of event tickets at the SWA office with cash or card swipe has been allowed then the same shall be offered only if there are unreserved seats/spot left. SWA does not keep a specific quota for purchase at SWA office, and if all the seats/spots get sold out online, there will not be any purchases at SWA office.


  1. Similarly, same day On-The-Spot purchase of event tickets shall be allowed as per the discretion of the Hon. General Secretary and/or the Executive Committee for any specific event and this policy may vary from event to event. In case same day On-The-Spot purchase of event tickets has been allowed then the same shall be offered only if there are unreserved seats/spot left. SWA does not keep a specific quota for On-The-Spot purchases, and if all the seats/spots get sold out online, there will not be any On-The-Spot purchases.


  1. For all event tickets, there will be an additional 18% GST per transaction over and above the workshop/conference/event fees, which shall not be applicable in case SWA is doing a fundraiser activity and asking for donations.




PRIVACY POLICY


The Screenwriters Association’s (SWA) website ("Website"), https://www.swaindia.org/ is copyrighted by SWA. All rights are reserved with us. Neither the Website nor any part thereof may be reproduced or copied in any form or by any means without the express written consent of SWA.


Links to Other Internet Sites


At certain places on the Website, there may be live "links" to other Internet addresses. Such external Internet addresses contain information created, published or maintained by institutions or organizations independent of SWA. The SWA does not necessarily endorse, approve, certify, or control these external Internet addresses. It does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary. The reliance on the same should only be undertaken, after an independent review of its accuracy, completeness, efficacy, and timeliness.


Privacy Policy


Thank you for visiting our Website. Your privacy is important to us. We provide this notice describing our online information practices to keep you informed about how your information is collected and used and to better protect your privacy. This Privacy Policy applies only to information collected by SWA through the Website. This policy may differ in some respects from the SWA’s policy concerning personal information collected from its members through other sources.


How We Collect Personal Information and How It Is Used:


  1. In general, if you visit our website to access information, you do so anonymously. We do not require you to register or provide personal information to view our Site. However, you need to be our member and login to our website in case you want to register your work.

 

  1. Our Web server will not automatically recognize any visitor's information regarding the domain or email address. SWA may collect the email or postal addresses the person who register to the Website or communicate with us via email or another medium. We keep a record of registration details, name, address, telephone number, etc. We use the same for communication and other official purposes.

  2. We collect and retain personal information of all SWA members, like name, pen/screen name, date of birth, father/mother’s name, permanent address, temporary address, email ID, mobile number, secondary mobile number, Photo ID proof, Address ID proof, Eligibility Proof (to be admitted to Associate/Regular/Life category), education qualification; which they submit at the time of applying for SWA membership. We keep the information submitted to us confidential and maintain it as membership details of our members. However, as per our Constitution and Byelaws, we do not share any personal details of members, including phone numbers, e-mail ids, and addresses with other members or with any other persons or agencies, without written permission of the member whose details have been requested. Provided, in matters of dispute, with the express permission of the General Secretary, a member's details can be shared with a legitimate agency.


  1. We store details and records of Online Script Registration when a member registers his or her script/work on our website. This record contains Title, Type, Number of Pages, Date of registration, Author’s name, Author’s SWA Membership Number, Author’s email ID and/or phone number, Co-author/s, Co-author/s SWA Membership Number, Co-author’s email ID and/or phone number, Payment Gateway reference number, Order ID, Transaction ID in relation with a particular transaction. However, our website, online system, office staff, developers as well as the Executive Committee or anyone working for and with SWA do not READ, STORE or ASSESS the registered script/work. We provide the member his or her registered copy and keep it on online server for temporary period so that the member can download it. During this period, the file is in encrypted form and the human eye can’t read its content. Later, for secrecy and safety purpose, this file is deleted from our server on a permanent basis. We do not store any physical or soft copy of your work in our system. It’s entirely the member’s responsibility to save the registered copy with him or her, as a safeguard against Copyright infringement.

  2. We store data of members and non-members who register to attend our events. This is the data which they submit while registration or buying an event ticket, like name, email ID, phone number, billing address, special remarks and system generated data including Transaction ID, Payment ID and Payment Gateway Reference number.