Merchant T&C

 

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Merchant T&C (as defined below) for access or usage of www.swiggy.com website and ‘Swiggy’ application for mobile and handheld devices.

 

Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the (i) the services agreement executed between Swiggy and the Merchant and (ii)  Terms of Use, as amended from time to time which govern your use of our website www.swiggy.com (the “Website”) and our ‘Swiggy’ application for mobile and handheld devices (the “App”).

 

You wish to avail the Platform Services enabled by Swiggy on a non-exclusive and contractual basis subject to the terms and conditions set out hereinafter.

Merchant and Swiggy are referred individually as ‘Party’ and collectively as ‘Parties’, wherever the context so requires.

·         

1. These terms are called the “Merchant T&C” and these Merchant T&C read together with Terms of Use and the agreements executed between the Parties shall govern your use of Platform. In the event of any inconsistency between the documents/agreements, the terms of the agreement will prevail over these Merchant T&C, which will prevail over the Terms of Use.  Please read these Merchant T&C carefully before you use the Platform Services. If you do not agree to these Merchant T&C, you must not use the Platform Services, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Swiggy and you signify your acceptance to this Merchant Terms, Terms of Use and other Swiggy policies (including but not limited to the Privacy Policy being incorporated by reference herein) which take effect on the date on which you download, install or use the Platform Services, and create legally binding arrangements to abide by the same.
2. These Merchant T&C along with the services agreement or any other agreement signed between the Parties shall constitute the entire agreement between the Parties in relation to the Platform Services.
3. The Platform is owned and operated by Swiggy Limited, a company incorporated under the laws of India and having its registered office at No.55, Sy.no. 8-14, I & J Block, Ground Floor, Embassy Tech Village, Outer Ring Road, Devarabisanahalli, Bangalore - 560103, India. For the purpose of these Merchant Terms, wherever the context so requires “you” or “user” shall mean any natural or legal person who has agreed to become a merchant on the Platform by providing registration data during the registration/ onboarding on the Platform as a registered partner using the computer systems. The term “Swiggy”, “we”, “us” or “our” shall mean Swiggy Limited.
4. Swiggy enables transactions between the buyers (“Buyers”) and participant merchants dealing in selling of FMCG, consumer goods, grocery, electronics etc.. The Buyers who visit the Platform can choose and place orders (“Orders”) from variety of products made available for sale by various merchants like you (“Merchant/s”) on the Platform.
5. Swiggy also enables Facilitation Services i.e. transactions between the pick-up and delivery partner (“PDP”) and the Buyers for delivery of such Orders at select localities of serviceable cities across India.  
6. These Merchant T&C are subject to modifications, and we reserve the right to modify or change the Merchant T&C and other Swiggy policies at any time by posting changes on the Platform and we may intimate you of the changes . Swiggy might choose to communicate such modifications in a separate email and any other form of communication to you for your ready reference. However, Merchant shall, at all times, be responsible for regularly reviewing the Merchant T&C and other Swiggy policies and note the changes made on the Platform, including but not limited to this page. Your continued use of the Platform and the Platform Services after any change is posted or shared with you, confirms your acceptance of the amended Merchant T&C and other Swiggy policies.

7. General Conditions

1.  All commercial/contractual terms are offered by you and agreed by the Buyers alone with respect to product and services you provide on the Platform. Swiggy is only providing a platform for communication and facilitation, and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. The commercial/contractual terms include without limitation, price of the products, applicable taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, quality and warranties related to products and after sales services related to products. Swiggy does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.
2. Swiggy does not make any representations, guarantees or warranties of the products sold by the Merchants on the Platform, to the Buyers.
3. Swiggy is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, or Buyers and PDPs, or Merchant and PDPs on the Platform. Swiggy cannot and does not guarantee that the concerned parties will perform their part of obligation in any transaction concluded on the Platform. Swiggy is not responsible for non-performance   or unsatisfactory services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
4. Swiggy is operating an online marketplace and assumes the role of facilitator only. Swiggy shall not hold any title or interest over the products nor shall Swiggy have any obligations or liabilities in respect of such contract entered into between Merchant and Buyer including but not limited to product liability.
5. In case of complaints from the Buyer pertaining to product efficacy, quality, or any other such issues, Swiggy shall notify the same to Merchant and shall also redirect the Buyer to the consumer call centre, wherever applicable. Merchant shall alone be liable for redressing and bound to take action on the complaints by the Buyer. Swiggy has the right to share with the Buyer, the relevant information including the Merchant details to enable satisfactory resolution of the complaint.
6. You agree that Swiggy is not responsible for any dealing with underage persons or people acting under false pretence.
7. You agree, undertake and confirm that your use of Platform shall be strictly governed by the binding principles more fully detailed in the Terms of Use.    
8. Swiggy may provide recommendations on various campaigns, product categories, and discounts based on analytics, data gathering exercises, etc. The Parties may mutually agree on various modalities for providing discounts, if any, on the products sold by the Merchant on the Platform from time to time. The Merchant shall, in its sole discretion, follow/not follow the recommendations of Swiggy.

8.  Terms and Conditions of Platform Services

1. Swiggy provides no assurance and/or guarantees towards a Buyer placing Orders with any Merchant/s. The Merchant shall be solely responsible for display of the name/details of the store and images of the items/products, which shall be listed for the Buyers to choose from. The Merchant shall be liable to comply with Legal Metrology (Packaged Commodities) Rules,2011 and/or Food Safety and Standards (Labelling and Display) Regulations, 2020 as amended time to time, for displaying such pre-packaged products and share with Swiggy a legible and clear images of the ‘principal display panel’ of such pre-packaged products, which shall be displayed on the Platform for the Buyers. It is clarified that Swiggy shall facilitate but does not and shall not verify the content shared by the Merchant for displaying.
2.  Swiggy shall merely facilitate the pick-up and delivery of the Orders       on the Platform through the PDPs and the PDPs are at liberty to choose the means for the pick-up and delivery of the Orders placed by Buyers on the Platform. Swiggy is merely providing Delivery Facilitation Services between the PDP and the Buyer or Merchant, as the case may be. Swiggy is not providing any delivery services whatsoever through itself, either to the Merchant or to the Buyer. Notwithstanding anything else contained under these Merchant Terms, neither Party shall be liable for any unauthorized act of the PDPs and the liability shall solely rest with the PDPs. With respect to the Merchants providing their own delivery services, the liability arising out of such deliveries shall be that of respective Merchants and neither Swiggy nor PDPs are liable for the same.
3. Notwithstanding anything else contained under these Merchant T&C Swiggy shall not be responsible for any misconduct by the PDPs, for eg., theft of the Order or any illegal activity or misconduct against/with the Buyer(s) and / or the staff of the Merchant or indulge in any vandalism against the Merchant.
4. Swiggy shall at its sole discretion determine the areas where the Platfom Services shall be provided by Swiggy via the Platform. Further, Swiggy reserves the right to at its sole discretion (i) add or remove any area as it may deem fit in order to improve Facilitation Services and (ii) choose the radius within which such Facilitation Services may be extended, i.e., the maximum distance it may choose to extend Facilitation Services from where a Merchant may be located
5. Merchant shall be  responsible to reimburse and/or absorb the cost of Orders for which Buyers have either refused to pay for or have claimed a refund for reasons that are solely attributed to Merchant (“Disputed Orders”), including but not limited to:

1. Buyer’s expectations not being met or Buyer dissatisfaction with regard to the quality of items/products supplied by the Merchant;
2. Expired products;
3. Buyer receiving inferior quality products.

6. The Merchant shall be solely responsible for reviewing information on the Platform and shall ensure that all information       mentioned / advertised      is up to date and in accordance with Applicable Laws. The Merchant shall update all such information and inform Swiggy about the same in accordance with these Merchant Terms. Swiggy shall not be liable or responsible in any way for any change in product description provided by the Merchant.
7. The Merchant shall be solely responsible for any warranty     /guarantee of the products sold to the Buyers and in no event shall it be the responsibility of Swiggy.
8. it shall ensure, at all time, its Personnel, its employees and representatives (Merchant Personnel) behave in a respectable and courteous manner with PDPs, Swiggy representatives and as well as with the Buyers. Merchant personnel shall not be rude, behave discourteously, or use foul or abusive language at any interaction. It shall at all time promptly report to Swiggy immediately, any behavioural issue by such PDPs or Swiggy representatives or Buyers for suitable action;
9. Upon receipt of any communication/complaint from Buyers regarding sale of products above the maximum retail price,  Swiggy shall be at liberty to, on verifying the same, refund such Buyer for excess amounts charged against a product and deduct the same from the Merchant from future settlements; and
10.  it shall be alert to the advisories issued by Swiggy on ancillary charges that may be chargeable by Merchants to Buyers on the Platform. The Merchant shall, in view of such advisories being issued to adopt best industry practices and in the interest of Merchants and Buyers, endeavour to adhere to such advisories swiftly.

 

9. Each Party hereby grants to the other Party a non-exclusive, non-transferable, worldwide, royalty free right to use, copy, publish and display the other Party’s trademarks, logos, name and related information solely in connection with the promotion and marketing of the collaboration between Swiggy and the Merchants and related purposes, including for publishing on the Platform. Swiggy may at its sole discretion, and subject to payment of compensation as may be determined by Swiggy undertake brand promotion within the Merchant outlet(s).
10. Notwithstanding these terms and conditions, Swiggy reserves the right to delist products, temporarily discontinue or terminate the Services with immediate effect for any breach or non-compliance by the Merchant which includes, but is not limited to, the following instances:

1. Buyer complaints received by Swiggy which are directly or indirectly attributable to the quality of product sold by the Merchant;
2. Breach of the provisions of (a) Information Technology Act, 2000 and the rules thereunder; (b) Food Safety and Standards Act, 2006 and the rules and regulations thereunder; (c) Legal Metrology Act, 2009 and the rules thereunder; (d) Drugs and Cosmetics Act, 1940 and the Rules thereunder (e) Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, or      (f)any other applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); or      (e) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to good and service tax and/or any other taxes, custom duty, local levies), as may be applicable, to Merchant;
3. Misbehaviour with Swiggy’s representatives/personnel;
4. Inclusion of marketing or promotional material belonging to competitors in Orders delivered by PDPs;
5. Any other breach of the terms of the Merchant T&C.          .

Swiggy Reserves the right to resume provision of Platform Services to the Merchant at own discretion.

 

11. Notwithstanding anything contained under Clause X above, Swiggy has the right to immediately delist any      product on      the Platform, which is not in compliance with the Applicable Laws.
12. The Merchant acknowledges that all Services offered by Swiggy on the Swiggy Platform are non-exclusive in nature.
13. Swiggy reserves the right to introduce, withdraw or modify any category and attach necessary conditions thereto on its Platform as it may deem fit from time to time.

 

14. Your Account and Registration Obligations

If you use the Merchant interface or the Platform, you shall be responsible for maintaining confidentiality of your login ID and password details and all activities that occur with the use of your login and password details. You agree that if you provide any information or content, required under these terms and conditions to be put up on the Platform, which is untrue, inaccurate, not updated, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not updated     , incomplete, or not in accordance with the Merchant T&C, we shall have the right to indefinitely suspend, terminate or block you from availing Services. Your registration with Swiggy as a Merchant is exclusively for your use to gain access to the Platform and is strictly not transferable.

 

15. Communications

When you use the Merchant interface/Platform or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.

 

16. Swiggy Partner App  And  Use

 

Merchant shall be granted access to Merchant interface for handheld devices and at its sole discretion Swiggy may issue hand held device to the Merchant (with embedded partner App) and the Merchant shall:

1. ensure it has a functional electronic tablet / mobile phone with the Swiggy partner App installed and up to date at all times in (a) receive and confirm Buyer Orders and provide estimates of delivery times or; (b) reject the Order through the Merchant interface;
2. in case it declines Orders through the electronic  tablet / mobile phones provided however, then it shall not use alternate means (phone/ emails) to connect with the Buyer in parallel to take Orders and thereby circumventing the process;
3. Communicate with Swiggy service operator through the phone call and/or SMS;
4. Manage real time status of item stock/inventories and outlet operation time.

 

17. Disclaimer

Platform Services are provided on best effort basis and Swiggy shall have no liability for failure of such services for the reasons beyond its control. To the fullest extent permitted by law, Swiggy and its affiliates, and each of their respective officers, directors, members, employees, and agents disclaim all warranties, express or implied, in connection with these Merchant T&C, the Platform Services and any use thereof, including, without limitation, the implied warranties of its merchantability , fitness for a particular purpose and non-infringement. Swiggy makes no warranties or representations about the accuracy or completeness of the Platform’s           content or the content of any other websites linked to the Platform, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from the Merchant’s access to and use of the Platform and the Platform Services, (c) any unauthorized access to or use of Swiggy servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Platform or otherwise with respect to the      Services, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform or services by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform or Platform Services. Swiggy disclaims any and all liability for direct, indirect, incidental, special, consequential, punitive or other similar damages that may arise due to any deficiency in the Orders attributable to the Merchant, any malfunction or error of the Platform by the Merchant including but not limited to, technical errors, delays, omissions, inaccuracies in the content provided.     .

 

 

18. Intellectual Property

1. Each Party owns all right, title and interest in their respective trade names, service marks, inventions, copyrights, trade secrets, patents, and other intellectual property (“Intellectual Property”). These Merchant T&C do not constitute a license or a right to use any Party’s Intellectual Property other than as expressly set out herein. You and we agree that, in the event of any third-party claims infringement of its intellectual property rights on the Platform, and such content which is alleged to have infringed such third party intellectual property rights has been shared on the Platform by you, it shall be your responsibility to investigate, defend, settle and discharge any such intellectual property infringement claim in relation to such content on the Platform.
2. You recognise that Swiggy is the registered owner of the word marks, ‘Swiggy’ and ‘Swiggy Instamart’, and the logos   ‘’ including but not limited to its variants (‘Licensed Marks’) and further agree not to directly or indirectly, attack or assist another in attacking the validity of Swiggy’s or its affiliates proprietary rights in, the Licensed Marks or any registrations thereof, or file any applications for the registration of the Licensed Marks or any names or logos derived from or confusingly similar to the Licensed Marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. In the event you notice any infringements of Licensed Marks, please write to us at brand-protection@swiggy.in.
3. Swiggy respects third party intellectual property rights and has put in place a ‘IP Notice and Take Down Policy’ so that intellectual property owners can easily report listings that infringe their right to ensure that infringing products are removed from the site, as such intellectual property violations erode Buyer and good Merchant trust.

 

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

 

19. Notice

 

All notices under these Merchant T&C shall be sent by registered post acknowledgment due, contemporaneous courier or email or hand delivered to the address mentioned below; Bundl Technologies Private Limited Reg Office: No.55, Sy.no. 8-14, I & J Block, Ground Floor, Embassy Tech Village, Outer Ring Road, Devarabisanahalli, Bangalore -560103, between 9.30 am to 5.30 pm from Monday to Friday. If the Merchant notices any discrepancy in the Settlement of Collections, the Merchant may raise a ticket by writing an email to partnersupport@swiggy.in and the same will be mutually resolved by both parties within 15 days from the date on which the ticket was raised.

Swiggy shall issue notice to Merchant vide registered post acknowledgment due, contemporaneous courier, hand delivery, partner App or email or mobile number registered with Swiggy.

 

20. Force Majeure

 

If at any time during the currency of the agreement between Merchant and Swiggy, the performance in whole or in part by either Party or any obligations under the contract shall be prevented or delayed by reasons of acts of God, war, hostilities, invasions, act of public enemies, civil commotion, sabotage, fire, explosions, flood, cyclone, earthquake, epidemics and any form of government restrictions on business operations, adverse climatic conditions and other unforeseen events or circumstances etc. (hereinafter referred to as “Force Majeure Conditions”) which directly affect the performance of obligations and which are beyond the reasonable control of either party, provided notice of the happening of any one or more of the Force Majeure Conditions is given by either party to the other within 21 days from the date of the occurrence of the Force Majeure Conditions, the obligation of the party giving notice shall stand suspended without any liability towards the other party so long as such Force Majeure Conditions continues except such obligations as may have accrued till the date of commencement of the Force Majeure.

 

21. Anti Bribery

In case the Parties become aware of any benefit in cash or in kind being provided to any officer or employee, or any relative / associate of any officer or employee, of the other Party or of any of its associate companies, in Order to secure this transaction, it shall notify the other Party of the same and the Parties will determine the way forward. In case of notification to Swiggy, it shall be sent to Swiggy's ethics hotline portal,            whose contact details are captured below:

1. Toll-free: By dialling a toll-free number – 000 800 100 4382 or 0008001008277 or +91 11-71279005 (Available in English language at all times and in Hindi between 11.30 am to 6.30pm). Outside of this window, other reporting channels can be used for providing information.
2. Email: By sending an email to “swiggy@ethics-line.com”
3. Web Portal: www.tip-offs.com/Swiggy