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Terms of Service

Effective Date

Last Updated

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Applicable To

All visitors, clients, prospective clients, users, collaborators, suppliers, contractors, researchers, and other individuals or organizations interacting with SWAPN’s websites, digital platforms, software, products, and professional services.

These Terms of Service are part of SWAPN’s corporate governance framework and should be read alongside our Privacy Policy and Intellectual Property Policy. Where product-specific software documentation exists—such as for SAQIP—those documents complement these Terms and govern the specific products or services to which they apply.

These Terms of Service ("Terms") govern access to and use of the websites, digital platforms, software, products, consulting services, research activities, publications, reports, and other services provided by SWAPN ("SWAPN", "we", "our", or "us").

By accessing or using any SWAPN website, platform, software, digital product, professional service, or otherwise engaging with SWAPN, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with any additional agreements, policies, or service-specific conditions that may apply.

If you do not agree to these Terms, you should not access or use SWAPN’s websites, services, or digital platforms.

These Terms apply to all visitors, clients, prospective clients, users, collaborators, suppliers, contractors, researchers, and other individuals or organizations interacting with SWAPN unless otherwise governed by a separate written agreement.

SWAPN provides environmental consulting, scientific research, policy advisory, software solutions, digital platforms, and related professional services.

Our services may include, without limitation:

  • Environmental consulting and advisory services.
  • Air quality assessment and management.
  • Environmental monitoring and data analysis.
  • Scientific research and technical studies.
  • Environmental intelligence platforms.
  • Software applications and digital products.
  • Data processing and visualization services.
  • Environmental modelling and analytical tools.
  • Research publications and technical documentation.
  • Professional training, workshops, seminars, and educational resources.
  • Custom software development.
  • APIs, dashboards, or cloud-based services where applicable.
  • Other products or services introduced from time to time.

Certain services may be governed by additional contractual terms, proposals, statements of work, software licences, or service-specific agreements. Where such agreements exist, they supplement these Terms to the extent applicable.

You represent and warrant that:

  • you possess the legal authority to enter into these Terms;
  • you are legally capable of entering into binding agreements under applicable law;
  • any organization you represent has authorized you to act on its behalf;
  • all information provided to SWAPN is accurate, complete, and current.

SWAPN’s services are intended primarily for professional, commercial, governmental, academic, institutional, and research purposes.

Where applicable law imposes age restrictions for entering into legally binding agreements, users must satisfy those requirements before accessing or using SWAPN’s services.

Users are responsible for ensuring that their use of SWAPN’s websites, software, products, and services complies with these Terms and all applicable laws and regulations.

Users agree to:

  • provide accurate information when requested;
  • use SWAPN services only for lawful purposes;
  • maintain the confidentiality of any credentials issued to them;
  • promptly notify SWAPN of any unauthorized access affecting their accounts or information;
  • cooperate reasonably where required for the delivery of professional services.

Users remain responsible for the accuracy, legality, and completeness of information, materials, datasets, documents, or instructions that they provide to SWAPN.

SWAPN is not responsible for delays, inaccuracies, or limitations arising from incomplete, inaccurate, or unavailable information supplied by users or third parties.

Certain SWAPN services, software platforms, or future digital products may require the creation of user accounts.

Where accounts are provided, users are responsible for:

  • maintaining the confidentiality of account credentials;
  • restricting unauthorized access to their accounts;
  • ensuring account information remains accurate and up to date;
  • all activities conducted using their accounts unless otherwise required by applicable law.

SWAPN reserves the right to suspend, restrict, or terminate accounts where reasonably necessary to protect the security, integrity, availability, or lawful operation of its services.

SWAPN provides consulting, advisory, analytical, scientific, technical, and research services based upon the information, assumptions, scope, and objectives agreed with the client.

Unless expressly agreed otherwise in writing:

  • project scope is limited to the applicable proposal, quotation, contract, or statement of work;
  • timelines may depend upon timely client cooperation and information;
  • deliverables are prepared using information reasonably available at the time of the engagement;
  • recommendations are provided for the intended purpose of the engagement.

Clients remain responsible for reviewing deliverables and informing SWAPN of any material inaccuracies, omissions, or changes relevant to the engagement.

Nothing in these Terms creates an obligation for SWAPN to provide services beyond the agreed contractual scope.

SWAPN may provide software applications, digital platforms, APIs, cloud-based services, dashboards, data processing tools, or other digital products, including products developed or operated by SWAPN.

Unless otherwise agreed in writing:

  • access is provided on a limited, non-exclusive, non-transferable, and revocable basis;
  • users may access the software solely for its intended purpose;
  • software functionality may evolve through updates, enhancements, maintenance, or operational improvements;
  • SWAPN may introduce, modify, suspend, or discontinue features where reasonably necessary.

Users shall not attempt to:

  • reverse engineer software except where expressly permitted by applicable law;
  • circumvent security measures;
  • interfere with platform operations;
  • introduce malicious code;
  • exploit vulnerabilities;
  • use automated methods to impair service availability;
  • access restricted systems without authorization.

All intellectual property rights relating to SWAPN’s websites, software, research, reports, documentation, methodologies, branding, visual content, source code, databases, publications, and other proprietary materials remain the property of SWAPN or its respective licensors unless expressly agreed otherwise in writing.

Nothing contained within these Terms transfers ownership of any intellectual property rights to users.

The ownership, licensing, protection, permitted use, and enforcement of SWAPN’s intellectual property are governed by the SWAPN Intellectual Property Policy, which forms part of SWAPN’s corporate governance framework.

Where a separate written agreement grants specific intellectual property rights or licences, that agreement shall govern to the extent of any inconsistency.

SWAPN is committed to handling personal information responsibly and transparently.

The collection, use, storage, disclosure, and protection of personal information are governed by the SWAPN Privacy Policy.

Where a SWAPN product or service publishes a separate product-specific privacy notice, that notice supplements the Privacy Policy for the applicable product or service.

Users acknowledge that they have reviewed the applicable Privacy Policy before using SWAPN’s websites, services, or digital platforms.

Clients retain ownership of the information, documents, datasets, materials, and other content that they provide to SWAPN unless otherwise agreed in writing.

Clients represent that they possess the necessary rights and permissions to provide such information for the purposes of the applicable engagement.

SWAPN may process client-provided information solely to:

  • perform contracted services;
  • operate requested software functionality;
  • provide technical support;
  • comply with legal obligations;
  • protect legitimate business interests;
  • improve services using aggregated or anonymized information where appropriate.

SWAPN does not acquire ownership of client data solely by virtue of providing professional services.

Users shall not use SWAPN’s websites, software, platforms, or services to:

  • violate applicable laws or regulations;
  • infringe intellectual property rights;
  • distribute malicious software or harmful code;
  • interfere with the operation or security of SWAPN systems;
  • gain unauthorized access to systems or information;
  • impersonate another individual or organization;
  • submit false, misleading, or fraudulent information;
  • conduct unauthorized automated scraping, harvesting, or data extraction;
  • attempt to bypass technical restrictions or access controls;
  • misuse SWAPN’s name, branding, trademarks, or reputation.

SWAPN reserves the right to investigate suspected misuse and to take reasonable measures, including suspension or termination of access, where necessary to protect its services, users, legal rights, or business operations.

SWAPN’s websites, software, platforms, reports, or professional services may incorporate, reference, integrate with, or rely upon information, software, services, or datasets provided by third parties.

Such third-party resources may include, without limitation:

  • publicly available environmental or meteorological datasets;
  • government publications and regulatory information;
  • mapping or geospatial services;
  • cloud infrastructure;
  • communication services;
  • analytical tools;
  • external software integrations; or
  • other independent service providers.

SWAPN does not own or control third-party services unless expressly stated.

The availability, accuracy, completeness, security, and continued operation of third-party services remain the responsibility of their respective providers.

References to third-party services do not constitute an endorsement, partnership, certification, or guarantee unless expressly stated by SWAPN.

Certain SWAPN services may be offered for a fee under a separate quotation, proposal, contract, subscription, licence, or statement of work.

Unless otherwise agreed in writing:

  • fees shall be payable in accordance with the applicable commercial agreement;
  • taxes, duties, levies, or governmental charges remain the responsibility of the client where applicable;
  • payment obligations survive completion or termination of services where amounts remain outstanding.

Failure to make timely payments may result in suspension of services, withholding of deliverables, or other remedies permitted under applicable law or contract.

Nothing in these Terms obligates SWAPN to provide services before the applicable commercial arrangements have been finalized.

During the course of providing professional services, either party may disclose confidential or proprietary information.

Each party agrees to use reasonable care to protect confidential information and not to disclose such information except:

  • with the consent of the disclosing party;
  • where required by law, regulation, or judicial order;
  • to authorized personnel or professional advisers who require access for legitimate business purposes and who are subject to appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that:

  • is publicly available without breach of these Terms;
  • was lawfully obtained from an independent source;
  • was independently developed without reference to the confidential information; or
  • is required to be disclosed under applicable law.

Where separate confidentiality agreements exist between SWAPN and a client, those agreements shall govern to the extent of any inconsistency.

SWAPN provides scientific, analytical, technical, engineering, environmental, and policy-related services using methodologies, data sources, assumptions, models, software tools, and professional judgment considered appropriate at the time of the applicable engagement or service.

Scientific analyses, environmental assessments, modelling outputs, software-generated results, forecasts, recommendations, visualizations, technical reports, and related deliverables should be interpreted within the scope, assumptions, limitations, intended purpose, and available information applicable to the relevant engagement or product.

Unless expressly agreed otherwise in writing, SWAPN’s outputs are intended to support informed decision-making and should not be relied upon as the sole basis for regulatory, legal, commercial, engineering, operational, medical, public health, investment, or other significant decisions without appropriate independent evaluation where warranted by the circumstances.

Scientific knowledge, environmental conditions, regulatory frameworks, technologies, and available datasets evolve over time. Accordingly, conclusions or recommendations may change as new information becomes available.

SWAPN provides its websites, software, digital platforms, publications, and general informational content on an "as available" basis, subject to applicable law.

To the fullest extent permitted by applicable law, SWAPN does not warrant that:

  • services will always be uninterrupted;
  • software will always operate without errors;
  • websites will always remain continuously available;
  • information will always be complete, current, or suitable for every purpose;
  • outputs will satisfy every regulatory, commercial, operational, or technical requirement.

Professional consulting services are provided using reasonable skill, care, and diligence appropriate to the agreed scope of work. However, no professional service can eliminate all uncertainty associated with environmental systems, scientific analysis, predictive modelling, regulatory interpretation, or evolving data.

Except where expressly agreed in writing, SWAPN does not guarantee regulatory approvals, legal outcomes, commercial success, investment performance, environmental performance, policy decisions, or specific project outcomes arising from the use of its services or deliverables.

Nothing in these Terms excludes any warranties or rights that cannot lawfully be excluded under applicable law.

To the fullest extent permitted by applicable law, SWAPN shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the use of its websites, services, software, reports, publications, platforms, or professional engagements.

This includes, without limitation:

  • loss of profits;
  • loss of business opportunities;
  • loss of goodwill;
  • business interruption;
  • loss of data;
  • loss of anticipated savings; or
  • other indirect commercial losses.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability arising from fraud, wilful misconduct, or other non-excludable legal obligations.

Where liability cannot be excluded, it shall be limited to the maximum extent permitted under applicable law.

You agree to indemnify, defend, and hold harmless SWAPN, its founders, directors, officers, employees, contractors, consultants, affiliates, successors, and permitted assigns from and against claims, liabilities, damages, losses, costs, and reasonable expenses arising from:

  • your breach of these Terms;
  • your misuse of SWAPN’s services;
  • your violation of applicable laws;
  • infringement of third-party rights resulting from information or materials supplied by you; or
  • unauthorized use of SWAPN’s intellectual property or systems.

This obligation applies only to the extent permitted by applicable law.

SWAPN reserves the right to suspend, restrict, or terminate access to its websites, software, digital platforms, or services where reasonably necessary to:

  • protect system security;
  • investigate suspected misuse;
  • comply with legal obligations;
  • protect intellectual property;
  • prevent fraud or unlawful activity;
  • maintain operational integrity.

Termination of access does not affect any rights or obligations that accrued prior to termination, including payment obligations, confidentiality obligations, intellectual property rights, or any provisions that by their nature are intended to survive termination.

SWAPN shall not be responsible for delays or failures in performance resulting from events beyond its reasonable control.

Such events may include, without limitation:

  • natural disasters;
  • severe weather events;
  • public health emergencies;
  • war;
  • terrorism;
  • civil unrest;
  • governmental actions;
  • labour disputes;
  • power failures;
  • internet or telecommunications disruptions;
  • cyber incidents affecting infrastructure;
  • failures of third-party service providers; or
  • other circumstances beyond reasonable control.

Where reasonably practicable, SWAPN will make commercially reasonable efforts to resume normal operations as soon as circumstances permit.

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

The parties shall make reasonable efforts to resolve disputes through good-faith discussions before commencing formal legal proceedings.

Subject to applicable law, the courts having jurisdiction in New Delhi, India, shall have exclusive jurisdiction over disputes arising out of or relating to these Terms, unless otherwise agreed in writing.

Nothing in this section prevents either party from seeking urgent interim or injunctive relief before a court of competent jurisdiction where necessary to protect its legal rights.

SWAPN may update these Terms from time to time to reflect changes in applicable laws, business operations, services, technologies, regulatory requirements, or corporate practices.

The updated version will become effective upon publication unless otherwise stated.

Continued use of SWAPN’s websites, software, products, or services after the effective date of revised Terms constitutes acceptance of those revised Terms.

The version number and revision history displayed with this document assist users in identifying the current published version.

Questions regarding these Terms of Service or other legal matters may be directed to:

Legal Contact
Email: [email protected]

SWAPN will make reasonable efforts to respond to legal enquiries through the appropriate communication channels.

This document supersedes all previous versions unless otherwise stated.