Updated on 01/07/2022
company regarding your use of the website i.e. www.swiller.com (“Swiller”) and its mobile
applications offered by the company including but not limited to delivery of content via the Site,
any mobile or internet-connected device or otherwise (the "the Service"). By accessing the site or
service and/or by clicking "I agree", you agree to be bound by these terms. “User” or “You”
means any person who accesses or avails this site of the company for the purpose of hosting,
publishing, sharing, transacting, displaying or uploading information or views and includes other
persons jointly participating in using the site of the company. You hereby represent and warrant
to the company that you are at least eighteen (18) years of age or above and are capable of
entering, performing and adhering to these Terms and that you agree to be bound by the
following terms and conditions. While individuals under the age of 18 may use Swiller services,
they shall do so only with the involvement & guidance of their parents and / or legal guardians,
under such Parent / Legal guardian’s registered account. You agree to register prior to uploading
any content and / or comment and any other use or services of this site and provide your details
including but not limited to complete name, age, email address, residential address, contact
constitute your acceptance of these terms and you also agree to be bound by any such
Swiller reserves the right to suspend / cancel, or discontinue any or all channels, products or
service at any time without notice, make modifications and alterations in any or all of the content,
products and services contained on the site without prior notice.
Swiller reserves the right to charge subscription and / or membership fees from a user, by giving
reasonable prior notice, in respect of any product, service or any other aspect of this site.
Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on
the site and mobile apps (including but not limited to text, audio, video or graphical images),
trademarks and logos appearing on this site are the property of Swiller, its parent, affiliates and
associates and are protected under applicable Indian laws. You agree not to use any framing
techniques to enclose any trademark or logo or other proprietary information of Swiller; or
remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-
line on other mark or source identifier included on the site / service, including without limitation,
the size, color, location or style of all proprietary marks. Any infringement shall be vigorously
defended and pursued to the fullest extent permitted by law.
Limited Permission to Copy
Swiller grants you permission to only access and make personal use of the site and you agree
not to, directly or indirectly download or modify / alter / change / amend / vary / transform / revise
/ translate / copy / publish / distribute or otherwise disseminate any content on Swiller's site /
service, or any portion of it; or delete or fail to display any promotional taglines included in the
site / service either directly or indirectly, except with the express consent of SWILLER. However,
you may print or download extracts from these pages for your personal / individual, non-
commercial use only. You must not retain any copies of these pages saved to disk or to any
other storage medium except for the purposes of using the same for subsequent viewing
purposes or to print extracts for personal / individual use.
SWILLER forbids you from any attempts to resell or put to commercial use any part of the site;
any collection and use of any product listings, descriptions, or prices; any derivative use of the
Site or its contents; any downloading or copying of account information for the benefit of any
other merchant; any renting, leasing, or otherwise transferring rights to the site / service;
displaying the name, logo, trademark or other identifier of another person in such a manner as to
give the viewer the impression that such other person is a publisher or distributor of the service
on the site, or any data gathering or extraction tools; or any use of meta tags. You may not
(whether directly or through the use of any software program) create a database in electronic or
structured manual form by regularly or systematically downloading and storing all or any part of
the pages from this site. No part of the Site may be reproduced or transmitted to or stored in any
other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-
electronic form, nor included in any public or private electronic retrieval system or service without
prior written permission.
Sharing of Personal Information
Swiller is designed to help you find the best of restaurants, nightlife, events and movies around
you and your city. In order to do this, Swiller requires the use of such information including, but
not limited to, your email, password and or other informations that was used while Signing Up
with the services. Swiller offers Sign Up process with our own sign up system and other
platforms such as Gmail.
The user data collected by Swiller shall only be through the above mediums which will be be
provided by the intended user through their gmail, no other data shall be collected/used by
Swiller apart from those that was permitted during Sign Up process.
However, kindly note that the manner in which gmail uses, stores and discloses your information
is governed solely by its policies, and Swiller bears no liabilities/responsibility for its privacy
practices and/or other actions of any third-party site or service that may be enabled within the
For certain services such as email, personal web pages, contests and shopping, signing up by
the visitor is required. To sign up for these services you have to open an account by completing
the signing up process (i.e. by providing us with current, complete and accurate information as
prompted by the applicable registration form). You also will choose a password. You are entirely
responsible for maintaining the confidentiality of your password and account. By Signing Up, you
agree to the following terms in addition to any other specific terms which shall be posted at an
appropriate location of the Site. Each sign up is for a single individual user only. To access these
services, you will be asked to enter your individual Email Address and Password, as chosen by
you during your signing up. Therefore, we do not permit any of the following :-
Any other person sharing your account and password;
Any part of the site being cached in proxy servers and accessed by individuals who have
not registered with Swiller as users of the site; or
Access through a single account and password being made available to multiple users
on a network.
If Swiller reasonably believe that an account and password is being used / misused in any
manner, Swiller shall reserve the right to cancel access rights immediately without notice, and
block access to all users from that IP address.
Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify Swiller immediately of any unauthorized use of your account or any other
breach of security. Swiller will not be liable for any loss that you may incur as a result of someone
else using your password or account. However, you could be held liable for losses incurred by
Swiller or another party due to someone else using your account or password.
Use of Profile Data
We may use the personal information to provide the services you request. However, to the extent
we use your personal information to market to you, we will also provide you the ability to opt-out
of such uses. The personal information shall be used by us to resolve disputes; troubleshoot
problems; help/promote a safe service; measure consumer interest in our products and services,
inform you about online and offline offers, products, services, and updates; customize your
experience; detect and protect us against error, fraud and other criminal activity; enforce our
terms and conditions; and as otherwise described to you at the time of collection. In our efforts to
continually improve our products and services, we collect and analyze demographic and profile
data about our users' activity on our mobile application.
We may occasionally ask you to engage in factual or interest based surveys. These surveys may
ask you for more information around your interest and demographic information (like movies of
choice, or prefered cuisines). The data so collected through surveys is solely to enhance your
experience in the usage of the mobile application, providing you with content that we think you
might be interested in, and to display content according to your preferences. It is however
clarified that, filling in of such surveys is optional.
Swiller is about recommending you restaurants / places around you and your city and in order to
do that we would need to know your location. Whenever you open and interact with Swiller app
or www.swiller.com on your mobile, we use the location information from your mobile device or
browser (latitude and longitude) to customize the experience around your location (i.e., showing
you recommended places to eat, club or watch a movie nearby). Your location information is
NEVER shared with others. Swiller mobile app also allows you to select a locality of your choice
or let the app determine your current location by tapping on your location name on Location
Change screen. It allows us to tell you where the recommendations are based on the location
that is determined by the device or your selection.
No unlawful or prohibited use
As a condition of your use of the services, you will not use the Services for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may not use the services in
any manner that could damage, disable, overburden, or impair any of our servers, or the
network(s) connected to any SWILLER server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain unauthorized access to any Services,
other accounts, computer systems or to any of the services, through hacking, password mining
or any other means. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
Material Posted/transmitted at Swiller
All information, data, text, software, music, sound, photographs, graphics, video, messages or
other materials ("Content"), whether publicly or privately transmitted / posted, is the sole
responsibility of the person from where such content is originated (the Originator). By posting any
material which contain images, photographs, pictures or that are otherwise graphical in whole or
in part ("Images"), you warrant and represent that (a) you are the copyright owner of such
Images, or that the copyright owner of such Images has granted you permission to use such
Images or any content and/or images contained in such Images consistent with the manner and
have the rights necessary to grant the licenses and sublicenses described in these Terms of
Use, and (c) that each person depicted in such Images, if any, has provided consent to the use
public display and reproduction of such Images.
You represent that you have valid rights and title in any and all Content/Images that you submit
on the Site, that you have not infringed on any IPR belonging to any party and further that you
will indemnify Swiller for all claims arising out of any content that you post on the Site or its
Swiller accepts no responsibility for the said Content / Images. However, you understand that all
Content / Images posted by you becomes the property of Swiller and you agree to grant/assign
to Swiller, a non-exclusive, royalty free, perpetual, irrevocable and sub-licenseable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and
display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed throughout the world".
Exchange of Information & other Community Services
You represent that you are a responsible adult (18 years or above) and/or otherwise capable of
entering into and performing legal agreements, and that you agree to be bound by the following
terms and conditions. While individuals under the age of 18 may use Swiller, the service, they
may do so only with the involvement of a parent or legal guardian, under such person’s account
and otherwise subject to these Terms. In certain jurisdictions, the age of majority may be older
than 18, in which case you must satisfy that age in order to become a member of the site or
service and you shall be solely responsible for all Content/Images that you upload post or
Swiller endeavours to provide a web platform for various community interactions for persons to
interact and exchange views with each other. The content posted on such services is by general
public therefore the accuracy, integrity or quality of such content cannot be guaranteed. You
understand that by using such services, you may be exposed to objectionable matter. By using
the facility of review/rating and other community services you agree not to upload, post, or
otherwise transmit any matter or views, which are, defamatory, abusive, pervasive, obscene,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. You may
also not indulge in cyber stalking, become or create a nuisance for any visitor / user of the site.
You may not send, submit, post, or otherwise transmit, material or messages that contain
software virus, or any other files that are designed to interrupt, destroy, and negatively affect in
any manner whatsoever, any electronic equipment in connection with the use of this site or
Mobile, or other user's ability to engage in real time exchanges.
The User shall not to host, display, upload, modify, publish, transmit, store, update or share any
belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy,
including bodily privacy, insulting or harassing on the basis of gender, libellous, racially
objectionable, relating or encouraging money laundering or gambling, or otherwise
inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights,
violates any law for the time being in force;
deceives or misleads the addressee about the origin of 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;
impersonates another person;
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;
contains software virus or any other computer code, file or program designed to interrupt,
destroy or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to
mislead or harass a person, entity or agency for financial gain or to cause any injury to
Any Content and or comment uploaded by you, shall be subject to relevant Indian laws and may
be disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you
are found to be in non-compliance with the laws and regulations, these terms, or the privacy
policy of the site, the Company shall have the right to immediately terminate/block your access
and usage of the site and the Company shall have the right to immediately remove any non-
compliant Content and or comment, uploaded by you and shall further have the right to take
recourse to such remedies as would be available to the Company under the applicable laws.
Limitation of Liability
Any transactions relating to booking of table or reservations of goods or services not directly
offered by Swiller are to be settled inter-se between the parties to such transaction and all
warranties express or implied of any kind, regarding any matter pertaining thereto, including
without limitation the implied warranties of merchantability, fitness for a particular purpose, and
non-infringement are disclaimed by Swiller. Swiller merely endeavours to provide a platform
where you and other party may interact, exchange information or carry out a reservation on such
basis that are mutually agreed between you and the other party. Swiller shall not be liable for any
loss that you may incur, while making reservations or bookings of the third party. Under no
circumstances shall Swiller be held responsible or liable, in any way, for any content which in
Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public
sensibilities or morals and shall also not assume liability for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use of any content
posted or uploaded on the site, or any infringement of another's rights, including intellectual
property rights. You specifically agree that Swiller is not responsible for any content sent using
and/or included in Swiller’s site/mobile/service by any third party.
Termination of Account
Swiller reserves its right to (a) refuse Service, (b) restrict, suspend, or terminate your account; (c)
terminate this Agreement; (d) terminate or suspend your access to the site; (e) refuse, move or
remove for any reason any Content / Image that you submit on or through the Services; (f)
refuse, move, or remove any Content / Image that is available on or through the Services; (g)
establish general practices and limits concerning use of the Services at any time and, (h) remove
or edit contents or cancel orders (entered by you) in its sole discretion with or without cause, and
User Conduct and Obligations
You hereby agree and assure Swiller that the site/Services shall be used for lawful purposes only
and that you will not violate laws, regulations, ordinances or other such requirements of any
applicable Central, State or local government or any other international laws. You further concur
that you will not, through site/Mobile/Service:
post, distribute, or otherwise make available or transmit any software or other computer
files that contain a virus trojan horses, time bombs, bots, botnets, malicious content,
content theft, data manipulation, threats or any other harmful programs or elements or
delete from the site any legal notices, disclaimers, or proprietary notices such as
copyright or trademark symbols, or modify any logos that you do not own or have
express permission to modify;
not use the site / Mobile / Service in any manner that could damage, disable, overburden,
or impair and not to undertake any action which is harmful or potentially harmful to any
Swiller's server, or the network(s), computer systems / resource connected to any
Swiller's server, or interfere with any other party's use and enjoyment of the
obtain or attempt to obtain any materials or information through any means not
intentionally made available through the site/Mobile/Service;
engage in any activity that causes / may harm minors; or
perform any activity which is likely to cause such harm;
impersonate any person or entity, including, but not limited to, Swiller’s official, forum
leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
take any action which encourages or consists of any threat of harm of any kind to any
person or property;
carry out any "denial of service" (DoS, DDoS) or any other harmful attacks on application
or internet service or;
use the Site/Mobile/Service for illegal purposes;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to
make or attempt any unauthorized access to any Swiller’s website or mobile apps.
transmit through the Site or Mobile apps, any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or
otherwise objectionable material of any kind or nature. This includes text, graphics,
video, programs or audio, etc.;
collect or attempt to collect personally identifiable information of any person or entity
without their express written consent and you shall maintain records of any such
written consent throughout the terms of this agreement and for a period of 2 years
engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as those terms are commonly understood and used
on the Internet
forge headers or otherwise manipulate identifiers in order to disguise the origin of any
content transmitted through the site.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised
advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid
schemes", duplicative messages or any other form of solicitation.
encumber or suffer to exist any lien or security interest on the subject matter of this
make any representation or warranty on behalf of Swiller.
You agree not to post, distribute, transmit or otherwise make available any data, text,
message, computer file, or other material that infringes and/or violates any right of a
third party or any domestic or international law, rule, or regulation, including but not
infringement of any copyright, trademark, patent, trade secret, or other proprietary rights
of any third party, including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of copyrighted software;
right of privacy (specifically, you must not distribute another person's personal
information of any kind without their express permission) or publicity;
any confidentiality obligation. Unless otherwise permitted, you will: (i) display the Service
on your site or Products in the exact form received by you, and not modify or edit any
of the foregoing without Swiller's prior written consent; (ii) ensure that the fundamental
meaning of the Service is not changed or distorted; (iii) comply with all applicable laws
and all limitations and restrictions (if any) placed by Swiller on the use, display or
distribution of any Service and (iv) not archive any of the Service for access by users
at any future date after the Service has been removed from your Website or product
accordingly. You acknowledge that the service must link and redirect to the appropriate
Swiller's web page when a user clicks on the Service (e.g. a headline). You shall not
display the Service in such a manner that does not allow for successful linking and
redirection to, and delivery of, Swiller's Web page.
No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the site to transmit, directly
or indirectly, any unsolicited bulk communications (including emails and instant messages).
Swiller will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest
information about users of Swiller for the purpose of sending or to facilitate the sending of
unsolicited bulk communications. We may terminate your access or use of the service
immediately, with or without any notice, and take any other legal action if you, or anyone using
your access details to the site or Mobile apps, violates these terms. We may adopt any technical
remedy (including any filtering technology or other measures) to prevent unsolicited bulk
communications from entering, utilising or remaining within our computer or communication
networks. Such filtering technology or other measures may block, either temporarily or
permanently, some e-mail sent to you through the Swiller's Websites.
Consent Template Registration
Once you are a registered customer of Swiller, your email address and other personally
identifiable information may be used to send product updates and marketing communications. To
opt-out from such messages, click on Unsubscribe link on any such email you receive from us.
We may still continue to use your email address to notify you of any major administrative or
operational updates for customer services purposes, account information, billing, etc.
Disclaimer of Warranties and Liability
Swiller disclaims all warranties, express or implied, statutory or otherwise, as to the Services
provided, including without limitation, the implied warranties of merchantability, fitness for a
particular purpose, workmanlike effort, title and non-infringement are disclaimed and excluded.
Swiller shall not be liable, at any time for any, direct, indirect, punitive, incidental, special,
consequential, damages (including, without limitation, damages for loss of business projects,
damage to your computer system or damages for loss of profits, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of the Swiller
sites/mobile/services, with the delay or inability to use the Swiller's sites/mobile/services or
related services, the provision of or failure to provide services, or for any information, software,
products, services and related graphics obtained through the Swiller sites/mobile/services, or
otherwise arising out of the use of the SWILLER sites/mobile/services) arising in contract, tort or
otherwise from the use of or inability to use the site, or any of its contents, or from any act or
omissions a result of using the site or any such contents or for any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus,
communications line failure, theft or destruction or unauthorised access to, alteration of, or use of
information contained on the site. No representations, warranties or guarantees whatsoever are
made by Swiller as to the (accuracy, adequacy, reliability, completeness, suitability or
applicability of the information to a particular situation; (b) that the service will be uninterrupted,
timely, secure, or error-free; (c) the quality of any products, services, content, information, or
other material purchased or obtained from the website or mobile apps will meet your
expectations or requirements; or (d) any errors in the website or mobile apps will be corrected.
Links to Other sites
All the contents of this Site and Mobile apps are only for general information or use. They do not
constitute advice and should not be relied upon in making (or refraining from making) any
decision. Any specific advice or replies to queries in any part of the Site and Mobile apps is/are
the personal opinion of such experts/consultants/persons and are not subscribed to by this Site
or Mobile app. The information from or through this site is provided on "AS IS" basis, and all
warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to
any goods, service or channel, including without Certain links on the Site lead to resources
located on servers maintained by third parties, these sites of third party(s) may contain Swiller's-
logo, please understand that it is independent from Swiller, over whom Swiller has no control or
connection, business or otherwise as these sites are external to Swiller. You agree and
understand that by visiting such sites you are beyond the Swiller's website. Swiller, therefore
neither endorses nor offers any judgement or warranty and accepts no responsibility or liability
for the authenticity, availability, suitability, reliability, accuracy of the information, software,
products, services and related graphics contained, of any of the goods/services/or for any
damage, loss or harm, direct or consequential or any violation of local or international laws that
may be incurred by your visit and/or interactions/s on these site(s), as the same is provided on
"as is" without warranty of any kind. Swiller gives no warranty and makes no representation
whether expressed or implied, that the information contained in this site is error free. Swiller shall
not be responsible nor liable for any consequential damages arising on account of your relying
on the contents of the advertisement. Before relying on the material, users should independently
verify its relevance for their purposes, and should obtain any appropriate professional advice.
Material Submitted by Users
Certain elements of the Site will contain material submitted by users. Swiller accepts no
responsibility for the content, accuracy, conformity to applicable laws of such material. You will
indemnify and hold harmless Swiller against all third party claims, demands and actions brought
against Swiller which arises from or relates to the material submitted by you.
Part of the Site contains advertising information or promotion material or other material submitted
to Swiller by third parties. Responsibility for ensuring that material submitted for inclusion on site
or Mobile apps complies with applicable International and National law is exclusively on the party
providing the information/material. Your correspondence or business dealings with, or
participation in promotions of, advertisers other than Swiller found on or through the Website and
or Mobile apps, including payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with such dealings, are solely
between You and such advertiser. Swiller will not be responsible or liable for any claim, error,
omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such non-Swiller advertisers on the
Website and Mobile apps. Swiller reserves the right to omit, suspend or change the position of
any advertising material submitted for insertion. Acceptance of advertisements on the site and
Mobile apps will be subject to these terms and conditions.
Swiller may send information and offer products and services to you from time to time. For further
details relating to our policy relating to such offer please refer to our privacy statement.
Notwithstanding the foregoing, Swiller reserves the right to disclose any information in
responto/thathat it is required to be shared, disclosed or make made available to any
governmental, administrative, regulatory or judicial authority under any law or regulation
applicable to Swiller. Further, you authorize Swiller to disclose your name, street address, city,
state, zip code, country, phone number, email, and company name to Intellectual Property right's
owners, as we in our sole discretion believe necessary or appropriate in connection with an
investigation of fraud, intellectual property infringement, piracy, or other unlawful activity.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or
agency between you and Swiller and you shall have no authority to bind Swiller in any manner,
Swiller shall have no liability to you for any interruption or delay, to access the site or Mobile apps
irrespective of the cause.
The Agreement shall be governed by the Laws of India. The Courts of law at Delhi/New Delhi
shall have exclusive jurisdiction over any disputes arising under this agreement.
These Terms of Service constitute the entire agreement between the parties with respect to the
subject matter hereof and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter.
Right to remove inappropriate messages
We reserve the right to remove any messages we deem to be inappropriate, i.e, racist, sexist or
threatening. Messages using inappropriate language will also be removed. We do not wish to be
censors, but our forums must remain civilized and respect the rights of others.
Limited time to bring your claim
You and Swiller agree that any cause of action arising out of or related to the Swiller’s websites
or mobile apps, only, must commence within one (1) year after the cause of action accrues
otherwise, such cause of action will be permanently barred.
Acceptance Policy of Privacy
By using Swiller’s sites and services, you signify your acceptance of this Privacy Statement. If
you do not agree or are not comfortable with any policy described in this Privacy statement, your
only remedy is to discontinue use of Swiller sites or mobile apps. We reserve the right, to modify
this Privacy Statement at any time.
Rights and obligations under the Terms which by their nature should survive will remain in full
effect after termination or expiration of the Terms.
Any express waiver or failure to exercise promptly any right under the Terms will not create a
continuing waiver or any expectation of non-enforcement.
If any provision of the Terms is held invalid by any law or regulation of any government, or by any
court or arbitrator, the parties agree that such provision will be replaced with a new provision that
accomplishes the original business purpose, and the other provisions of the Terms will remain in
full force and effect.
Swiller’s role is limited to managing the web platform for the display of the services/offers/deals
provided by the restaurants and third parties and other incidental services to facilitate the dining
transactions between the restaurant and the diners. Accordingly, Swiller is merely an
intermediary and is only a platform/facilitator where the restaurants and other service providers
offer its services/deals/offers and discounts for marketing purposes. The contract for service shall
be a strictly bipartite contract between such service provider and the diner. At no time shall
Swiller have any obligations or liabilities in respect of such contract nor shall Swiller hold any
rights, title or interest in the services provided by such service provider. Swiller shall not be
responsible for any unsatisfactory or delayed performance or any actions or inactions of the
restaurants/third party service provider including deficiency in services provided by such
restaurants and the service providers.
Swiller may on request of any third party promote its products/services by issuing promotional
offers/gift coupons/discount vouchers/pre-paid vouchers (“promotional offers”). It is clarified that
such promotional offers received from Swiller are to be settled inter-se between the parties to
such transaction and the respective third party promoting its service/product and warranties
express or implied of any kind, regarding any matter pertaining thereto, including without
limitation the implied warranties of merchantability, fitness for a particular purpose, and non-
infringement are disclaimed by Swiller.
Notice of Copyright Infringement and Grievance Redressal Mechanism:
Swiller is not liable for any infringement of copyright arising out of materials posted on or
transmitted through the site or mobile apps, or items advertised on the site or mobile apps, by
end users or any other third parties.
Redressal Mechanism:Any complaints, abuse or concerns with regards to content and or
comment or breach of these terms shall be immediately informed to the designated Grievance
Officer as mentioned below via in writing or through email signed with the electronic signature
to [email protected]
We request you to please provide the following information in your complaint:-
A physical or electronic signature of a person authorized to act on behalf of the copyright
owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material on our website that is claimed to be infringing or to be the
subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent or the
A statement, under penalty of perjury, that the information in the notice of copyright
infringement is accurate, and that the complaining party is authorized to act on behalf
of the owner of the right that is allegedly infringed
This disclaimer/ terms of service notification is subject to change without notice.
Last Reviewed Date: 01/07/2022
disclosure and transfer of your information by Swiller which operates and its sub-
sites, platforms, applications, m-web platforms and other platforms (collectively
referred to as “Sites”) for delivery of information, products, offerings and content via
any mobile or internet connected device or otherwise (collectively the "Services").
(“User”). For the purpose of this Policy, wherever the context so requires "you" or
"your" shall mean User and the term "we", "us", "our" shall mean Company.
As we update, improve and expand the Services, this Policy may change, so please
refer back to it periodically. By accessing and using the Sites or otherwise using the
Services, you consent to collection, storage, and use of the personal information you
provide (including any changes thereto as provided by you) for any of the Services
that we provide.
The Company respects the privacy of the Users of the Services and is committed to
protect it in all respects. The information about the User as collected by the
Company is: (a) information supplied by Users and (b) information automatically
tracked while navigation (c) information collected from any other source (collectively
referred to as “Information”).
1. INFORMATION RECEIVED, COLLECTED AND STORED BY THE COMPANY
A.INFORMATION SUPPLIED BY USERS
To avail certain sites/ services on our Sites, Users may be required to provide certain
information for the registration process that may include but not limited to :-
date of birth
When you register using third party sign-in services/widgets/pluggin like Facebook,
Twitter, Gmail, Instagram or any other social networking or similar widgets/plugins
You will be allowing us to access/retrieve Information from such sign-in
services/widgets/pluggin to continue to interact with you and to continue providing
the Services on our platform.
Subscription or paid service data:
When you choose any of our subscription/paid service provided as part of our
Services, third-party service providers such as payment gateway provider who are
generally compliant with Payment Card Industry Data Security Standard (PCI-
DSS)may collect or have access to your purchase, address or billing information,
including your credit or /debit card number , its expiration date, Unified Payment
We may collect additional information at other times, including but not limited to,
when you provide feedback, comments, change your content or email preferences,
respond to a survey, or any communications with us.
B. INFORMATION AUTOMATICALLY COLLECTED/ TRACKED WHILE
To improve and help us understand your preferences based on previous or current
Site activity , we may use "cookies", or similar electronic tools to collect Information
to assign each visitor a unique, random number as a User Identification (User ID) to
understand the User's individual interests using the identified computer or device.
Unless you voluntarily identify yourself (through registration, for example), we will
have no way of knowing who you are, even if we assign a cookie to your computer or
device. The only personal information a cookie can contain is information you supply.
A cookie cannot read data off your hard drive or device. Our advertisers may also
assign their own cookies to your browser (if you click on their ads etc.), a process
that we do not control. We receive and store certain types of Information whenever
you interact with us via Site or Service though your computer/laptop/netbook or
mobile/tablet/pad/handheld device etc.
Log File Information
We automatically collect limited information about your computer's connection to the
Internet, mobile number, including your IP address, when you visit our site,
application or service. Your IP address is a number that lets computers attached to
the Internet know where to send you data -- such as the pages you view. We
automatically receive and log information from your browser, including your IP
address, your computer's name, your operating system, browser type and version,
CPU speed, and connection speed, browser type, language, Internet service
provider (ISP), referring, app crashes, page viewed and exit websites and
applications, operating system, date/time stamp, and clickstream data. We may also
collect log information from your device, including your location, IP address, your
device's name, device's serial number or unique identification number (e.g. UDiD on
your iOS or android device), your device operating system, browser type and
version, CPU speed, and connection speed etc.
We may use "clear GIFs" (Web Beacons) to track the online usage patterns of our
Users in an anonymous manner, without personally identifying the User. We may
also use clear GIFs in HTML-based emails sent to our Users to track which emails
are opened by recipients. We use this information to inter-alia deliver our web pages
to you upon request, to tailor our Sites or Service to the interests of our users, to
measure traffic within our Sites to improve the quality, functionality and interactivity
of our Sites and let advertisers know the geographic locations from where our Users
come without personally identifying the Users.
Information from other Sources:
We may receive information about you from other sources, add it to our account
information and treat it in accordance with this Policy. If you provide information to
the platform provider or other partner, whom we provide services, your account
information and order information may be passed on to us.
Demographic and other information:
We may reference other sources of demographic and other information in order to
provide you with more targeted communications and promotions. We use Google
Analytics, among others, to track the user behaviour on our Sites. Google Analytics
specifically has been enabled to support display advertising towards helping us gain
understanding of our users' demographics and interests. The reports are anonymous
and cannot be associated with any individual personally identifiable information that
you may have shared with us. You can opt-out of Google Analytics for display
advertising and customize Google Display Network ads using the Ads Settings
options provided by Google.
Links to third party sites / ad-servers
The Sites may include links to other websites or applications. Such websites or
applications are governed by their respective privacy policies, which are beyond our
control. Once you leave our servers (you can tell where you are by checking the URL
in the location bar on your browser), use of any information you provide is governed
via a link from the application's homepage, you should contact the application
owners directly for more information
When we present Information to our advertisers -- to help them understand our
audience and confirm the value of advertising on our Sites -- it is usually in the form
of aggregated statistics on traffic to various pages / content within our Sites. We use
third-party advertising companies to serve ads when you visit our Sites. These
companies may use Information (excluding your name, address, email address or
telephone number or other personally identifiable information) about your visits to
this and other websites or application, in order to provide advertisements about
goods and services of interest to you.
We do not provide any personally identifiable information to third party websites /
advertisers / ad-servers without your consent.
2. INFORMATION USE BY THE COMPANY
The information as supplied by the users enables us to improve the Services and
provide you the most user-friendly experience. In some cases/provision of certain
service(s), we may require your contact address as well. All required Information is
service dependent and the Company may use the above said user Information to,
maintain, protect, and improve the Services (including advertising and
personalisation on the Sites) and for developing new services. We may also use
your email address or other personally identifiable information to send commercial or
marketing messages about our Services and/or such additional updates and features
about third parties products and services with an option to subscribe / unsubscribe
(where feasible). We may, however, use your email address for non-marketing or
administrative purposes (such as notifying you of major changes, for customer
service purposes, billing, etc.).
Any personally identifiable information provided by you will not be considered as
sensitive if it is freely available and / or accessible in the public domain like any
comments, messages, blogs, scribbles available on social platforms like Facebook,
Any posted/uploaded/conveyed/communicated by users on the public sections of the
Sites becomes published content and is not considered personally identifiable
information subject to this Policy.
In case you choose to decline to submit personally identifiable information on the
Sites, we may not be able to provide certain services on the Sites to you. We will
make reasonable efforts to notify you of the same at the time of opening your
account. In any case, we will not be liable and or responsible for the denial of certain
services to you for lack of you providing the necessary personal information.
When you register with the Sites or Services, we contact you from time to time about
updating of your personal information to provide the Users such features that we
believe may benefit / interest you.
3. INFORMATION SHARING
The Company shares your Information with any third party without obtaining the prior
consent of the User in the following limited circumstances:
When it is requested or required by law or by any court or governmental
agency or authority to disclose, for the purpose of verification of identity, or
for the prevention, detection, investigation including but not limited to cyber
incidents, or for prosecution and punishment of offences. These disclosures
are made in good faith and belief that such disclosure is reasonably
necessary for enforcing these Terms or for complying with the applicable
laws and regulations. We may also share your information to investigate
and address threats or potential threats to the physical safety of any person,
terms and conditions, or to investigate and address violations of the rights
of third parties and/or to protect the rights, property and safety of the
Company and its group companies, our employees, users or the public.
This may involve the sharing of your information with law enforcement,
government agencies, courts, and/or other organizations on account of
legal request such as subpoena, court order or government demand to
comply with the law.
The Company proposes to share such Information to conduct its business and
to share such Information within its group companies and officers and
employees of such group companies for the purpose of processing personal
information on its behalf. We also ensure that these recipients of such
Information agree to process such information based on our instructions
and in compliance with this Policy and any other appropriate confidentiality
and security measures.
The Company may present Information to our advertisers and third parties - to
help them understand our audience and confirm the value of advertising on
our Sites – however it is usually in the form of aggregated statistics on
traffic to various pages within our site.
We may share such information with our officers and employees and/or third
party service provider for the purpose of processing Personal Information
on its behalf, subject to the recipients of such information agreeing to
process such information in compliance with the appropriate confidentiality
and security measures as instructed by the Company and / or its Group
Companies, as deemed fit.
The Company may share your Information regarding your activities on Sites
with third party social websites to populate your social wall that is visible to
other people however you will have an option to set your privacy settings,
where you can decide what you would like to share or not to share with
We may share your Information to enforce or protect our rights or any or all of
its affiliates, associates, employees, directors or officers or when we have
reason to believe that disclosing Information of User(s) is necessary to
identify, contact or bring legal action against someone who may be causing
interference with our rights or our Sites, whether intentionally or otherwise,
or when anyone else could be harmed by such activities.
4. ACCESSING AND UPDATING PERSONAL INFORMATION
When you use the Services or Sites (or any of its sub sites), we make good faith
efforts to provide you, as and when requested by you, with access to your personal
information and shall further ensure that any personal information or sensitive
personal data or information found to be inaccurate or deficient shall be corrected or
amended as feasible, subject to any requirement for such personal information or
sensitive personal data or information to be retained by law or for legitimate business
purposes. We ask individual users to identify themselves and the information
requested to be accessed, corrected or removed before processing such requests,
and we may decline to process requests that are unreasonably repetitive or
systematic, require disproportionate technical effort, jeopardize the privacy of others,
or would be extremely impractical (for instance, requests concerning information
residing on backup tapes), or for which access is not otherwise required. In any
case, where we provide information access and correction, we perform this service
free of charge, except if doing so would require a disproportionate effort. Because of
the way we maintain certain services, after you delete your information, residual
copies may take a period of time before they are deleted from our active servers and
may remain in our backup systems.
Retention of Data
We shall retain the records as per the PMLA (Prevention of Money Laundering Act
2002) guidelines and such other statutory / regulatory requirements from time to
time. In the event any legal / regulatory proceeding is pending, we can retain records
for a longer period as may be required by regulatory / statutory authorities.
We may keep our records of the electronic instructions/transactions in any form as
permitted under applicable Laws. In this regard, all records, whether in electronic
form, magnetic form, documents or any other form with respect to electronic
instructions/online transactions shall be conclusive evidence of such
instructions/transactions and shall be binding on the User. The User shall not
request/demand any evidence or proof for the transactions undertaken through the
internet and the audit trail of the log-in would be conclusive proof to establish the
bona fides of the transactions. In the event of any dispute, records kept by us/
business partners/ third party shall be binding as conclusive evidence of the
transactions carried out through the electronic mode.
Because of the way we maintain certain services, after you delete your information,
residual copies may take a period of time before they are deleted from our active
servers and may remain in our backup systems.
Data deletion pertaining to Facebook
If you registered on our platform using Facebook login and now wish to delete your
data from our platform, you can send an email to us at [email protected] for the
same. Please mention your email Id and mobile number (associated with your
Swiller account) in this email.
We take appropriate security measures to protect against unauthorized access to or
unauthorized alteration, disclosure or destruction of data. These include internal
reviews of our data collection, storage and processing practices and security
measures, including appropriate encryption and physical security measures to guard
against unauthorized access to systems where we store personal data. All
information gathered on SWILLER is securely stored within the Company controlled
database. The database is stored on servers secured behind a firewall; access to the
servers is password-protected and is strictly limited. However, as effective as our
security measures are, no security system is impenetrable. We cannot guarantee the
security of our database, nor can we guarantee that information you supply will not
be intercepted while being transmitted to us over the Internet. And, of course, any
information you include in a posting to the discussion areas is available to anyone
with Internet access.
We use third-party advertising companies to serve ads when you visit or use our
Sites or Services. These companies may use information (excluding your name,
address, email address or telephone number or any personally identifiable
information) about your visits or use to particular website, mobile application or
services, in order to provide advertisements about goods and services of interest to
6. UPDATES / CHANGES
The internet is an ever evolving medium. We may alter our Policy from time to time
to incorporate necessary changes in technology, applicable law or any other variant.
In any case, we reserve the right to change (at any point of time) the terms of this
notice, which we may give by posting the new policy on the Sites. Your use of the
Sites or Services after such notice will be deemed acceptance of such changes. We
may also make reasonable efforts to inform you via electronic mail. In any case, you
are advised to review this Policy periodically on the Sites to ensure that you are
aware of the latest version.
7. QUESTIONS / GRIEVANCE REDRESSAL
Redressal Mechanism: Any complaints, abuse or concerns with regards to the use,
processing and disclosure of Information provided by you or breach of these terms
should immediately be informed to the designated Grievance Officers, the list of
through email signed with the electronic signature to [email protected]
We request you to please provide the following information in your complaint: -
Identification of the information provided by you;
Clear statement as to whether the information is personal information or
sensitive personal information;
Your address, telephone number or e-mail address;
A statement that you have a good-faith belief that the information has been
processed incorrectly or disclosed without authorization, as the case may
A statement, under penalty of perjury, that the information in the notice is
accurate, and that the information being complained about belongs to you;
You may also contact us in case you have any questions / suggestions about
the Policy using the contact information mentioned above.
The Company may reach out to you to confirm or discuss certain details about your
complaint and issues raised.
The Company shall not be responsible for any communication, if addressed, to any
non-designated person in this regard.
8. POLICY RELATED TO MINORS
We do not knowingly collect personal information from minors under the age of 18.
Minors are not permitted to use our website or Services, and we request that minors
under the age of 18 not submit any personal information to the website. Since
information regarding minors under the age of 18 is not collected, we do not
knowingly distribute personal information regarding minors under the age of 18.
9. GENERAL DISCLAIMER
We engage various banks and payment gateway providers, the data of the User,
may be collected by them or be stored on their servers. These third parties have
security measures in place to protect the loss, misuse and alteration of the
information, details of which are available at their respective website. We are not
responsible for the use or storage of such data or security measures adopted by
these third parties.
In the event you have questions or concerns about the security measures adopted
by such third parties, you can contact them or their data protection / privacy team /
legal team or their designated the grievance officer directly, whose contact details
write to our Grievance Officer at the address provided above.
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