Swiller

User Agreement

Updated on 01/07/2022

These terms of use (Terms) constitute a legally binding agreement between you and the

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

number.

Swiller may add to or change or update these Terms of Use, from time to time entirely at its own

discretion. You are responsible for checking these Terms of Use periodically to remain in

compliance with these terms. Your use of a site after any amendment to the Terms of Use shall

constitute your acceptance of these terms and you also agree to be bound by any such

changes/revisions.

Changes

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.

Charges

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.

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

service.

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.

Location Sharing

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

purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you

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

of the Images as set forth in these Terms of Use, including, by way of limitation, the distribution,

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

products.

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

otherwise transmit.

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.

Prohibited Activities

The User shall not to host, display, upload, modify, publish, transmit, store, update or share any

information that,

 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

or ethnically

 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 person

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

with or without any prior notice for any violation of the Terms of Use.

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

component;

 delete from the site any legal notices, disclaimers, or proprietary notices such as

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

site/Mobile/Service;

 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

thereafter;

 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

Agreement; or

 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

limited to:

 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.

Advertising Material

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.

Data Protection

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.

Relationship

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,

whatsoever.

Force Majeure

Swiller shall have no liability to you for any interruption or delay, to access the site or Mobile apps

irrespective of the cause.

Indian Law

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.

Entire 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.

General Terms

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

law.

 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

This privacy policy (“Policy”) explains our policy regarding the collection, use,

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").

This Policy forms part and parcel of the Terms of Use and other terms on the Site

(“Terms of Use”). Capitalized terms which have been used here but are undefined

shall have the same meaning as attributed to them in the Terms of Use.

This Privacy Policy is applicable to persons who aces, browse or use 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

Registration data:

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 :-

 your name

 sex

 date of birth

 age

 contact number

 e-mail address

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

Interface etc.

Voluntary information:

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

NAVIGATION

Cookies:

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.

Clear GIFs:

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

by the privacy policy of the operator of the application, you are visiting. That privacy

policy may differ from ours. If you can't find the privacy policy of any of these sites

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,

twitter etc.

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,

to investigate and address violations of this Privacy Policy or the website

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

others.

 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.

5.INFORMATION SECURITY

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

you.

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

Policy or the Terms of Use. Any changes we make will be effective immediately on

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

respective grievance officers is being provided in Terms of Use 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: -

 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

be;

 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

may be available in their respective privacy policy or their website, or you can also

write to our Grievance Officer at the address provided above.

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