SwiftChat Content Policy

This SwiftChat Content Policy (“ Content Policy”) constitutes the content policy of SwiftChat adopted in accordance with the applicable laws in India and general industry practices and applies to the Business in relation to their uploading and providing their Company Content to Users on SwiftChat.

The “ Company”, “ Business”, “ you”, “ your” shall refer to any natural person and/or any legal entity, its authorized users who agree to the Business Terms by downloading or using the Business Services.

You are required to take the responsibility to exclude Children from direct access to any Content which may not be appropriate for them.

Your Responsibilities as publisher of Content through SwiftChat

1. As a Business hosting Company Content (as defined in the Business Terms of Service), you are responsible for providing Content which is in accordance with the applicable laws of India and general industry practice.

2. You confirm that your Content is as per the guidelines provided in Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

3. Here are some of the best practices to ensure that the Users (or Customers as applicable) get access to proper Content:

a. Content Description: You should prominently display the classification rating specific to each Content You provide on SwiftChat together with a Content Descriptor informing the Users about the nature of the Content, and advising on viewer discretion (if and as applicable) enabling the Users to make an informed decision, prior to watching the Content.

b. You should display the rating of any Online Curated Content and an explanation of the relevant Content Descriptors, prominently at appropriate places in a manner that ensures that Our Users are aware of this information before accessing such Content.

c. You should ensure access control mechanisms to ensure that age verification and access to Online Curated Content as per the age is provided to the Users. You should ensure that no Prohibited Content, Unlawful Content or Sexual Content is published by You on SwiftChat.

d. You are not allowed to host, display, upload, modify, publish, transmit, store, update or share any Content on SwiftChat that (“ Prohibited Content”):

i. belongs to another Person and to which You do not have any right;
ii. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
iii. is harmful to a Child or is not in accordance with Our Child Protection Policy;
iv. infringes any patent, trademark, copyright or other proprietary rights of any Person;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any Information which is patently false or misleading in nature but may reasonably be perceived as a fact;
vii. impersonates another Person;
viii. 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
ix. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
x. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass any Person, entity or agency for financial gain or to cause any injury to any Person.

e. Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government, You should not host, store or publish any unlawful information which is prohibited under any law in relation to the interest of the sovereignty and integrity of India; security of the state; friendly relations with foreign states; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above (“ Unlawful Content”).

f. You should not host, store, publish or transmit any Content which prima facie exposes the private area of any individual, shows any individual in full or partial nudity or shows or depicts any individual in any sexual act or conduct, or is in the nature of impersonation in a digital form, including artificially morphed images of any individual (“Sexual Content”).

Our Rights in relation to your Content

1. In case of your non-compliance with this Content Policy, we may (a) terminate your access or usage rights in relation to SwiftChat immediately; (b) remove Your Content from SwiftChat; and/ or (c) remove or disable access to that Content. We reserve the right to remove or disable the access to any and all Content or Communication Links which constitute Unlawful Content, Prohibited Content and/ or Sexual Content.

2. If it comes to Our knowledge that any Unlawful Content is hosted, stored or published by you on SwiftChat, we reserve the right to remove or disable access to that Content irrespective of if we receive a court order or not; or if we have been notified by the Appropriate Government in this regard or not.

3. We may not control hosting, storing or publishing of certain Unlawful Content pursuant to the temporary or transient or intermediate storage of Content automatically as an intrinsic feature of SwiftChat, involving no exercise of any human, automated or algorithmic editorial control for onward transmission or communication to another computer resource and such instance does not amount to hosting, storing or publishing of any Unlawful Content.

4. We may take into consideration the following factors, when deciding to remove or restrict You or feature, transmission, publication or exhibition of any of Your Content on SwiftChat, after duly considering the implications of any Content as falling under the following categories, and exercise due caution and discretion in relation to the same, namely such Content which:

a. affects the sovereignty and integrity of India;
b. threatens, endangers or jeopardises the security of the State;
c. is detrimental to India's friendly relations with foreign countries; or
d. is likely to incite violence or disturb the maintenance of public order.

5. We may regulate Your Content further taking into consideration India's multi-racial and multi-religious context and exercise due caution and discretion when featuring the activities, beliefs, practices, or views of any racial or religious group. You are advised to do the same prior to publishing any Content on SwiftChat.

Limitation of Liability We are not liable for any third-party Content, or Communication Links made available or hosted by Us if: (a) Our function is limited to providing access to a communication system over which such Content made available by third parties is transmitted or temporarily stored or hosted; (b_ We do not (i) initiate the transmission, (ii) select the receiver of the transmission, and (iii) select or modify the Content contained in the transmission; and/ or (c) We have observed reasonable due diligence in accordance with this Content Policy, applicable laws and such other guidelines as the Government may prescribe in this behalf.

In this Content Policy:

“ Child” means any individual Person below the age of 18 (eighteen) years; and the word “Children” shall be construed accordingly;

“ Content” means any representation of information, knowledge, facts, concepts or instructions which are being prepared or have been prepared in any format (using one or more Components), record, generated, stored, received or transmitted on SwiftChat. Content includes Company Content as defined in Business Terms of Service.

“ Government” or “ Governmental Authority” means any statutory authority, Government department, agency, commission, board, tribunal, court or other entity in India, or abroad, as applicable, authorized to make laws;

“ Online Curated Content” means any curated catalogue of Content, other than news and current affairs Content, which is owned by, licensed to or contracted to be transmitted by You, and made available on-demand, including but not limited through subscription, over the internet or computer networks, and includes films, audio visual programmes, documentaries, television programmes, serials, podcasts and other such Content; and

“ Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, Government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable law.