Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.swiggypack.zepo.in website.

Terms of Use

  1. These terms of use (the “Terms of Use”) govern Parties’ use of our website www.swiggypack.zepo.in (the “Website” or “Platform”). Please read these Terms of Use carefully before using the services. If a Party does not agree to these Terms of Use, such Party may not use the services on the Website. By using the Website, a Party shall be contracting with Swiggy and such Party signifies its acceptance to the Terms of Use and other Swiggy policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which a Party uses the Services, and creates a legally binding arrangement to abide by the same.

  1. The Platform is operated and owned by Bundl Technologies Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at No. 17/9B, 4th Floor, Maruthi Chambers, Rupena Agrahara, Hosur Road, Bangalore – 560 068. For the purpose of these Terms of Use, wherever the context so requires, “Party” or “Parties” or “User” shall mean any natural or legal person who has agreed to become a buyer or merchant on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems. The terms “Swiggy”, “we”, “us” or “our” shall mean Bundl Technologies Private Limited.

Swiggy offers listing services to participant merchants enabling online discovery of packaging materials for the users (“Platform Services” or “Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from variety of products listed and offered for sale on the Website by various merchants (“Merchant/s”).

Buyers and Merchants shall hereinafter individually be known as “Party” and collectively as “Parties”.

  1. AMENDMENTS

These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other Swiggy policies at any time by posting changes on the Platform, and a Party shall be liable to update itself of such changes, if any, by accessing the changes on the Platform. A Party shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Swiggy policies and note the changes made on the Platform. User’s continued usage of the services after any change is posted constitutes an acceptance of the amended Terms of Use and other Swiggy policies. As long as a Party complies with these Terms of Use, Swiggy grants such Party a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, Parties also accept and agree to be bound by the other terms and conditions and Swiggy policies as may be posted on the Platform from time to time.

  1. Use of Platform and Services

  1. All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, warranties related to products and services. Swiggy does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Swiggy may, however, offer support services to Parties in respect to order fulfilment, payment collection, call centre, and other services.

  1. Swiggy does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. Buyers are advised to independently verify the bona fides of any particular Merchant that the Buyer chooses to deal with on the Platform and use their best judgment in that behalf. All Merchant offers, and third-party offers are subject to respective party’s terms and conditions. Swiggy takes no responsibility for such offers.

  1. Swiggy neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Swiggy accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

  1. Swiggy is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Swiggy cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. Swiggy is not responsible for products which are out of stock, unavailable or back ordered.

  1. Swiggy is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Swiggy hold any right, title or interest over the products nor shall Swiggy have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.

  1. Swiggy is providing a platform for sale and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to quality or any other such issues, Swiggy shall notify the same to Merchant and shall also redirect the Buyer to the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event Buyers raise any complaint on any Merchant accessed using our Platform, we shall assist the Buyer to the best of our abilities by providing relevant information to the Buyer, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.  

  1. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

  1. Swiggy - Use of the Website

Parties agree, undertake and confirm that the use of Platform shall be strictly governed by the following binding principles:

  1. Parties shall not host, display, upload, download, modify, publish, transmit, update or share any information which:

  1. belongs to another person and which a Party does not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. is misleading or misrepresentative or false or inaccurate in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
  9. promotes an illegal or unauthorized copy of another person's copyrighted work (see “copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  13. contains video, photographs, or images of another person (with a minor or an adult);
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Swiggy’s prior written consent means a communication coming from Swiggy’s Legal Department, specifically in response to a Parties’ request, and expressly addressing and allowing the activity or conduct for which a Party seeks authorization;
  16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  17. interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
  18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  19. harm minors in any way;
  20. infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  21. violates any law for the time being in force;
  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. impersonate another person;
  24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  25. 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 criminal offence or prevents investigation of any offence or is insulting any other nation;
  26. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
  27. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
  1. Parties shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
  2. Parties shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means.
  3. Parties shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. User may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or either Party, including any account on the Platform not owned by a Party, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the Parties own information, as provided for by the Platform.
  4. Each Party shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name ‘Swiggy’, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Swiggy or Merchant on platform or otherwise tarnish or dilute any Swiggy’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. Parties agree that they will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Swiggy’s systems or networks, or any systems or networks connected to Swiggy.
  5. Parties agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
  6. Parties may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal they send to us on or through the Platform or any service offered on or through the Platform. Parties may not pretend that they are, or that such Parties represent, someone else, or impersonate any other individual or entity.
  7. Parties may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Swiggy and/or others.
  8. Each Party shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding use of our service and Merchant’s listing, purchase, solicitation of offers to purchase, and sale of products or services. Parties shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  9. In order to allow us to use the information supplied by the Parties, without violating their rights or any laws, Parties agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights that Parties have in their Information, in any media now known or not currently known, with respect to their Information. We will only use the Parties information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
  10. From time to time, Merchant shall be responsible for providing information relating to the products or services proposed to be sold by them. In this connection, Merchant undertakes that all such information shall be accurate in all respects. Merchant shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
  11. Merchants shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. Parties may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. Parties understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and Parties hereby expressly authorize us to) disclose any information about them to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  12. Please be advised that such Content posted does not necessarily reflect Swiggy views. In no event shall Swiggy assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. Parties hereby represent and warrant that they have all necessary rights in and to all Content which Parties provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
  13. Parties correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Parties and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
  14. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that Parties may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about a Party due to their use of the Platform, and that the recipient may use such information to harass or injure the Party. We do not approve of such unauthorized uses, but by using the Platform Parties acknowledge and agree that we are not responsible for the use of any personal information that Parties publicly disclose or share with others on the Platform. Please carefully select the type of information that a User publicly discloses or shares with others on the Platform.
  15. Swiggy shall have all the rights to take necessary action and claim damages that may occur due to Party’ involvement/participation in any way on Parties’ own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

  1. Account Registration or use of the Platform

  1. Parties may access the Platform by registering to create an account (“Swiggy Account”) and become a member (“Membership”).; or (c) Users can also register to join by logging into their account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, Users may link their Swiggy Account with Third Party Accounts, by either:

  1. providing Third Party Account login information to us through the Platform; or
  2. allowing us to access Third Party Account, as is permitted under the applicable terms and conditions that govern a Party’s use of each Third Party Account.

  1. Parties represent that they are entitled to disclose Third Party Account login information to us and/or grant us access to their Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by the Party of any of the terms and conditions that govern a Party’s use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

  1. By granting us access to any Third Party Accounts, Parties understand that we will access, make available and store (if applicable) any content or information that the Parties have provided to and stored in their Third Party Account (“SNS Content”) so that it is available on and through the Platform via each Party’s Swiggy Account.

  1. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be the User’s content for all purposes of these Terms of Use.

  1. Depending on the Third Party Accounts, Users choose, and subject to the privacy settings that they have set in such Third Party Accounts, personally identifiable information that they post to  Third Party Accounts will be available on and through each User’s Swiggy Account on the Platform.

  1. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Platform.

  1. We will create a Swiggy Account for each Party’s use of the Platform services based upon the personal information provided to us or that we obtain via an SNS, as described above. Parties may only have one Swiggy Account and not permitted to create multiple accounts. If a Party is found having multiple accounts, Swiggy reserves right to suspend such multiple account without being liable for any compensation.

  1. Parties agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

  1. We reserve the right to suspend or terminate User’s Swiggy Account and the access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that a Party’s actions may cause legal liability for such Party, other users or us; and/or (iii) if a Party is found to be non- compliant with the Terms of Use.

  1. Parties are responsible for safeguarding the password. Parties agree that they will not disclose their password to any third party and that they will take sole responsibility for any activities or actions under the Swiggy Account, whether or not they have authorized such activities or actions. Parties will immediately notify us of any unauthorized use of their Swiggy Account.

  1. Products and services purchased from the Platform are intended for Parties’ own use only and Parties represent that the same are not for resale or Parties are not acting as an agent for other parties.

  1. Bookings and Financial Terms

  1. The Platform allows such parties to place order bookings.

  1. Swiggy does not own, sell, resell on its own and/or do not control the Merchants or the related services provided in connection thereof. Each Party understands that any order that is placed shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability.

  1. As a general rule, all orders placed on the Platform are treated as confirmed.

  1. All payments made against the purchases/services on the Platform by a Party shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. Buyer can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. Buyer understands, accepts and agrees that the payment facility provided by Swiggy is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Swiggy is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

  1. Buyer acknowledges and agrees that we act as the Merchant’s payment agent for the limited purpose of accepting payments from a Party on behalf of the Merchant. Upon payment of amounts to us, which are due to the Merchant, Buyer’s payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant subject to statutory deductions, if any. Buyer shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.

  1. Buyer agrees to pay us for the total amount for the order placed on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to the Buyer by the Buyer’s bank related to our collection of the total amount, and we disclaim all liability in this regard.

  1. In connection with the order, Buyer will be asked to provide customary billing information such as name, GSTN, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the order placed on the Platform, in accordance with these Terms, using of the methods described under clause VI (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If the Buyer is directed to our third-party payment processor, the Buyer may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once a confirmed booking transaction is complete the Buyer will receive a confirmation email summarizing the confirmed booking.

  1. The final tax bill will be issued by the Merchant to the Buyer along with the order and Swiggy is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Swiggy holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

  1. The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such the Buyer’s order(s).

  1. The Merchant shall be solely responsible for any warranty/guarantee of the products sold to the Buyers and in no event shall be the responsibility of Swiggy.

  1. The transaction is bilateral between the Merchant and Buyer and therefore, Swiggy is not liable to charge or deposit any taxes applicable on such transaction, unless specified under applicable laws.

  1. Terms of service

  1. Buyer agrees and acknowledge that we shall not be responsible for:
  1. The services or products supplied by the Merchant including, but not limited, serving of  orders suiting Buyer’s requirements and needs;
  2. The Merchant’s services or products not being up the Buyer’s expectations or leading to any loss, harm or damage to the Buyer;
  3. The availability or unavailability of certain items on the menu; or
  4. The Merchant serving the wrong items in an order.

  1. The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.

  1. The Buyer may not be able to make purchases if the Buyer’s delivery location is outside  Merchant’s delivery service range.

  1. Buyer understands that delivery periods quoted at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of the Buyer’s order.

  1. Buyer’s order will be only delivered to the address designated by the Buyer at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery is notified by the Merchant and the Buyer shall not be entitled to any refund for the same, however, can reschedule the delivery time. Delivery in the event of change of the delivery location shall be at Merchant’s sole discretion.
  2. Services provided:
  1. Buyer confirms that we shall not be responsible for any deficiency in payment of consideration payable towards the products purchased
  2. Buyer agrees and acknowledges that neither us nor the Merchant shall be liable in the event of failing to adhere to the Terms of Use.
  3. Buyer might be required to provide credit or debit card details to the approved payment gateways while making the payment. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by the Buyer, i.e. in any transaction, Buyer must use their own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer will be solely responsible for the security and confidentiality of credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Buyer’s credit/ debit card.

  1. We do not offer any refunds against products already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.

  1. We constantly strive to provide the Parties with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact the Parties with further instructions.

  1. If the Parties use the Platform, they do the same at their own risk.

  1. No Endorsement

  1. We do not endorse any Merchant. In addition, although these Terms of Use require the Merchant to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from Merchant’s interactions with other Members.

  1. By using the Services, the Parties agree that any legal remedy or liability that the Parties seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused a party harm and the Parties agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

  1. General terms of use

  1. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If any Party is under 18 years of age and wishes to download, install, access or use the Platform, such Party’s parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should a Party’s parents or legal guardian fail to agree or acknowledge the Terms of Use and Swiggy policies, such Party shall immediately discontinue its use. Swiggy reserves the right to terminate the Membership and / or deny access to the Platform if it is brought Swiggy’s notice that the Party is under the age of 18 years.

  1. If a Party chooses to use the Platform, it shall be the Party’s responsibility to treat its user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if the Party has failed to comply with any of the provisions of these Terms of Use.

  1. As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to the Parties. In the event the Platform is accessed from outside India , it shall be entirely at such Parties’ risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If a Party chooses to access or use the Platform from or in locations outside select cities, such Party may do so on its own risk and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

  1. Each Party shall at all times be responsible for the use of the Services through a Party’s computer or mobile device and for bringing these Terms of Use and Swiggy policies to the attention of all such persons accessing the Platform on a Party’s computer or mobile device.

  1. Parties understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. Parties also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. Parties shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

  1. Parties agree and grant permission to Swiggy to receive promotional SMS and e-mails from Swiggy or allied partners. In case Parties wish to opt out of receiving promotional SMS or email please send a mail to [email protected].

  1. By using the Platform, Parties represent and warrant that:
  1. All registration information submitted is truthful, lawful and accurate and that Parties agree to maintain the accuracy of such information.
  2. Parties use of the Platform shall be solely for their own use and each Party shall not authorize any other to use their  account, including a Party’s profile or email address and that each Party is are solely responsible for all content published or displayed through the account, including any email messages, and a Party’s interactions with other users and each Party shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
  3. Each Party will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them. 
  4. All necessary licenses, consents, permissions and rights are owned by the Merchant and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that the Merchant submits, posts, uploads, distributes or otherwise transmits or makes available.
  5. Merchant will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event a Party wants to advertise their product or service contact [email protected].
  6. Each Party shall not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
  7. Each Party shall not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.  
  8. Each Party shall not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent a Party’s identity or affiliation with any person or entity. 
  9. Each Party will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
  10. Merchant will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that Merchants do not own or have express permission to modify.
  11. Each Party will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
  12. Each Party shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
    1. any part of the Platform or the Platform software; or
    2. any equipment or any network on which the Platform is stored or any equipment of any third party.

  1. Each Party shall release and fully indemnify Swiggy and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims such Party may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Swiggy cannot take responsibility or control the information provided by other Users which is made available on the Platform. A Party may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

  1. Access to the Platform, Accuracy and security

  1. We do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

  1. We do not warrant that the Platform will be compatible with all hardware and software which a Party may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to a mobile device), software, data or other property as a result of download, installation, access to or use of the Platform or obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

  1. We do not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable.

  1. We reserve the right to suspend or withdraw access to the Platform to a Party, individually, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

  1. Relationship with operators if the Platform is accessed on mobile devices

  1. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).

  1. Any download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

  1. Parties and Swiggy acknowledge that these Terms of Use are concluded between the Parties and Swiggy only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

  1. The license granted to each Party for the Platform is limited to a non-transferable license to use the Platform on a mobile device that a Party owns or controls and as permitted by these Terms of Use.

  1. We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. Each Party and Swiggy acknowledges that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

  1. Parties and Swiggy acknowledge that Swiggy, not the relevant Operator, is responsible for addressing any claims of each Party or any third party relating to the Platform or a Party’s possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

  1. Parties and Swiggy acknowledge that, in the event of any third party claim that the Platform or a Party’s possession and use of the Platform infringes that third party’s intellectual property rights, Swiggy, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

  1. Each Party must comply with any applicable third party terms of agreement when using the Platform (e.g. User must ensure that the use of the Platform is not in violation of their  mobile device agreement or any wireless data service agreement).

  1. Parties and Swiggy acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon Parties’ acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against such Party as a third party beneficiary thereof.

  1. Disclaimers

  1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

  1. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

  1. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.

  1. PARTIES ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. PARTIES MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO THE PARTIES. HOWEVER, PARTIES ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO EACH PARTY OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY SUCH PARTY OR ANY THIRD PARTY. EACH PARTY HEREBY DISCLAIMS AND WAIVES ANY RIGHTS AND CLAIMS IT MAY HAVE AGAINST SWIGGY WITH RESPECT TO THIRD PARTY’S / MERCHANTS SERVICES.

  1. SWIGGY DISCLAIMS ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AND PLASTIC WASTE MANAGEMENT RULES, 2016 FOR THE TIME BEING IN FORCE AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.

  1. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO EITHER PARTY OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

  1. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

  1. WE SHALL NOT BE LIABLE TO THE PARTIES OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO EACH PARTY OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY A PARTY’S RELIANCE ON THE CONTENT CONTAINED HEREIN.

  1. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  1. Intellectual property

  1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.

  1. Users may print off one copy, and may download extracts, of any page(s) from the Platform for  personal reference and may draw the attention of others within the User’s organisation to material available on the Platform.

  1. Parties must not modify the paper or digital copies of any materials printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

  1. Parties must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

  1. If a Party prints, copies or downloads any part of the Platform in breach of these Terms of Use, a Party’s right to use the Platform will cease immediately and each Party must, at our option, return or destroy any copies of the materials they have made.

  1. Treatment of information provided by Parties

  1. We process information provided by the Parties to us in accordance with our Privacy Policy.

  1. Third Party Content

  1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between the Parties and us, each Party hereby assumes all risk of harm or injury resulting from any such lack of compliance.

  1. Parties acknowledge that while accessing a link that leaves the Platform, the site a Party will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, Parties acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.

  1. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

  1. Non-assignment

Each Party shall not assign or transfer or purport to assign or transfer the contract between a Party and us to any other person.

  1. Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.

  1. IP Notice and Take Down Policy

  1. Swiggy has put in place IP Notice and Take Down Policy (“Take Down Policy”) so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

  1. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If a Party is not the intellectual property rights owner, it can still help by getting in touch with the rights owner and encouraging them to contact us.

(Note: Swiggy does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products. However, Swiggy is committed ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Swiggy.)

  1. Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Grievance officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Abhishek Kumar

Bundl Technologies Private Limited

Reg Office: 3rd Floor (Internally designated as 4th Floor)

Maruthi Chambers, Survey No 17/9B,

Roopena Agrahara Bangalore- 560068, India

Phone: +91-7259085922

Email: [email protected]

Time: Mon - Sat (9:00 - 18:00)