This website and the mobile application offered now or may be introduced in future (the "site") and its related services is offered by Swiggy Limited or its affiliates (“Company”). Throughout the site, the terms "we", "us" and "our" refer to the Company. The Service is provided by the Company for itself and its current and future parent corporations, subsidiaries, sister companies, and other affiliates, whether directly or indirectly, wholly or partially, owned or controlled by the Company or its parent corporations (the foregoing, collectively the “Company Affiliates”). For the purposes of these Terms of Use, the terms “you”, “your”, “yours”, and “user” shall refer to any individual, person, or visitor who accesses, browses, or uses the site and Services.
Where the context so permits (a) If you are a minor, “you” includes your parent or legal guardian who has consented to your use of the Service; (b) If you are accessing the Service on behalf of an Organization, “you” refers collectively to you as the individual user and to the Organization you represent; and (c) References to the singular include the plural and vice versa.
We offer the Services (defined hereunder), including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your use of this site constitutes your agreement to these Terms of Use. If you do NOT agree to these Terms of Use, please do NOT use this site. By using this Site or the Services, you provide your unconditional acceptance and agree to be legally bound by these Terms of Service. To the fullest extent permitted under all applicable laws, rules, regulations and requirements (collectively, "Applicable Laws"), your use of the Service reaffirms your continuing agreement to the then-current Terms of Use.
The Company provides this informative platform through this site that currently allows you to browse, view, and access information regarding the Company’s products, brand materials, and related content. The "Services" provided by the Company through the site include, but are not limited to (a) Providing the infrastructure for viewing, accessing and navigating the Site and its Materials; (b) Displaying product catalogues, descriptions, information and related multimedia content; (c) Providing access to tools, calculators, quizzes, interactive functionalities or search functionalities as available; (d) Managing, maintaining and updating the site’s performance and security; and (e) Any future offerings, new features, tools, or services that the Company may introduce, which may include e-commerce functionality (transactions), user-generated content portals (uploads), or personalized account dashboards.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. We reserve the right to add, modify, suspend, or discontinue any aspect of the Service in our sole discretion.
Certain features or future services may be subject to additional guidelines, rules, or terms and conditions (“Supplemental Terms”). These Supplemental Terms will be presented to you in the context of those specific services and your continued use of such features constitute your acceptance of the Supplemental Terms. In the event of a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms shall prevail specifically regarding that new feature or service.
While we strive to provide a seamless experience, "Services" are provided on an "as-is" and "as-available" basis. We do not guarantee that the site or any Service will be functional, secure, or available at all times.
The display of products or prices on the Site does not constitute an offer to sell. We reserve the right to correct any errors in pricing or description and to cancel any orders resulting from such errors, even after an order has been submitted.
By accessing or using the site and Services, you represent and warrant that (a) You are a legal resident of India; (b) You are at least 18 years of age or older; and (c) You are competent to contract within the meaning of the Indian Contract Act, 1872.
If you are under the age of 18 ("Minor"), you may only use the site and Services under the consent and supervision of a parent or legal guardian. In such cases, the parent or legal guardian is deemed to have accepted these Terms of Use on behalf of the Minor and shall be responsible for the Minor's conduct on the site and any use of the Services.
If you are an individual using the Service on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms of Use on behalf of yourself and such Organization. You represent and warrant that you have the legal authority to bind such Organization to these Terms of Use.
In the event of organizational use, all references to “you” and “your” in these Terms of Use will refer collectively to both the individual user and the Organization.
Access to certain features of the site or specific Services may require the creation of a user account (“Account”). If you choose not to create an Account, you acknowledge that you may be unable to access those specific parts of the Service or the Site in its entirety.
If you create an Account, you agree to the following: (a) You must not allow any third party to access the Service using the email address and password provided during registration (“Log-in ID”); (b) You are strictly prohibited from using any other person’s Log-in ID and password to access the Service; (c) You are solely responsible for any and all activity that occurs under your Account and we will deem any use of the Service via your Log-in ID as being done or authorized by you; (d) You must notify the Company immediately if you suspect any unauthorized use of your Account, Log-in ID, or any other breach of security; (e) You represent that all information provided during registration is accurate, current, and complete. You agree to maintain and promptly update this information to keep it accurate at all times; (f) We reserve the right, but are not obligated, to verify the information provided by you and may request supporting documentation to confirm your eligibility; (g) Unless expressly permitted by us in writing, you may only possess one active Account; (h) You agree to exit from your Account at the end of each session, especially when using a public or shared computer; and (i) We reserve the right, in our sole discretion, to suspend or terminate your Account and refuse any and all current or future use of the Service if we suspect that the information provided is untrue, inaccurate, or if you have violated these Terms.
By creating an Account or providing your contact information, you expressly consent to receive communications from us electronically, such as via email, SMS, or push notifications. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
For the purposes of these terms:
All right, title, and interest in and to the Site, the Materials, and the Trademarks are the exclusive property of Swiggy Limited or its licensors. As the owner/ authorized user, the Company reserves the absolute right to sell, license, modify, exploit, or distribute these assets in any manner it deems fit, at its sole discretion, without requiring notice, permission, or consent from you or any third party.
Subject to your strict compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to access and view the Materials solely for your personal, non-commercial use in connection with availing the Services. This license does not grant you any ownership interest in the Materials or Trademarks.
Except as expressly permitted in writing by the Company, you shall not: (a) reproduce, redistribute, copy, republish, upload, post, transmit, store, or incorporate any Materials into any other website or retrieval system; (b) Commercialize, rent, lease, sell, or sublicense any portion of the site or Materials; (c) Decompile, disassemble, reverse engineer, or attempt to derive the source code of the Site; or modify, alter, or create derivative works of any Materials; (d) Use any robot, spider, or automated device for data mining or to "scrape" or monitor the Material; (e) Interfere with or use any software or routine to interfere with the proper working of the Site or impose an unreasonable load on our infrastructure; (f) use any Materials or content from this site for the purposes of training, developing, or fine-tuning any artificial intelligence (AI) models, machine learning algorithms, or large language models without an express written license from the Company or (g) use any automated system, including “robots”, “spiders” or “offline readers” to access the site or use the Service.
Your use of the Trademarks is strictly prohibited except as integrated into your authorized viewing of the Site. You may not use our Trademarks in meta-tags, hidden text, or in any way that disparages the Company, suggests an unauthorized affiliation or causes confusion among consumers regarding the origin of products or services. You shall not use the Trademarks in any way that is defamatory, disparaging, or derogatory to the Company, its products, or its reputation. Any use that tarnishes the goodwill associated with our Trademarks is strictly prohibited and will result in the immediate termination of your license to use the Site.
Any use of the Materials or Trademarks not expressly authorized herein is a material breach of these Terms and a violation of copyright and trademark laws. All rights not expressly granted to you are reserved by the Company and its licensors.
From time to time, the Company may provide certain software, interactive tools, scripts, or downloadable files (collectively, the "Software") through the Service. You acknowledge that the Software is licensed to you, subject to your compliance with these Terms of Use and not sold. The Company or its licensors retain full and complete title to the Software and all Intellectual Property Rights therein.
You are granted a limited, non-exclusive license to use the Software solely for the purpose of availing the Services as intended. You shall not (a) Redistribute, sell, auction, or lease the Software; (b) Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or reduce the Software to a human-perceivable form; (c) Use the Software for any commercial purpose or in any way that exceeds the scope of the license granted.
You represent and warrant that your use of any Software provided through the site or Service will comply with all applicable Indian laws.
You may terminate your use of this site or Service at any time. We may suspend, discontinue or terminate your access to or use of this Service at any time immediately and without prior notice or obligation to you (i) if you violate any of the terms contained in these Terms of Use as determined by us in our sole discretion, or (ii) for any other reason in our sole discretion. We may notify you of any such suspension, discontinuance or termination by posting a notice on this site, on any webpage opened when using the Service, or by email to an email address you provided to us (if any). Upon your receipt of such notice, you shall immediately discontinue accessing the site and cease to use of this Service during the period of suspension (for a suspension) or permanently (for a discontinuance or termination). Upon any discontinuance or termination of your use of this Service, you must uninstall any Software (as defined above) downloaded from this Service and promptly destroy all Materials (as defined above) obtained through this Service, as well as any copies of such Materials. You agree that We shall not be liable to you for any suspension, discontinuance, termination, change or modification of your use of or access to this site or the Service.
The Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Unless otherwise required by applicable law, we may not provide you with individual notice of such changes and such modifications shall be effective immediately upon posting on the Site. It is your responsibility to visit this page regularly and review these Terms of Use to stay informed of the current terms. Your continued use of the Site and Services following the posting of any changes will mean that you accept and agree to the modifications.
If you do not agree with any modification to these Terms of Use, your sole and exclusive remedy is to immediately discontinue your access to the Site and your use of all Services.
For information on how we use and protect the personal information please read the Company’s Privacy Policy at: [●]. The Privacy Policy is incorporated into these Terms of Use and explains our privacy practices. By using the site, you agree to the terms of the Privacy Policy and you acknowledge that by using the Service, you consent to the collection and processing of your personal data as described therein, in compliance with the Digital Personal Data Protection Act, 2023.
In using or accessing this Service, you agree, without limitation:
In addition, you agree that you will comply with all Applicable Laws that relate to your use of or activities in connection with this Service. You also agree to act consistent with the requirements set forth in these Terms of Use and the requirements of the Company.
You agree to immediately notify the Company if you suspect illegal, fraudulent or abusive activity, or any activity in violation of these Terms of Use, including any unauthorized access to your Account. If you so notify the Company, or we otherwise suspect such activity, you agree to cooperate with the Company in any investigation and to use any prevention measures we prescribe.
If any portion of the Service permits you to submit any post, transmit, or upload content created by you ("User Submissions"), which may include, without limitation, photographs, information, text, images, graphics, video, comments, suggestions, reviews, ratings, ideas (including product and advertising ideas), posts to blogs/ social networks/ discussion forums, and communications with other Service users.
In connection with User Submissions, you agree that you will not submit User Submissions that:
By submitting, transmitting, posting, uploading, modifying or otherwise providing any User Submissions to us through this Service, whether solicited or unsolicited, you agree that you are granting the Company, its third-party service providers who provide the Service, and our partners as we decide in our sole discretion (collectively, the "Licensed Parties") a royalty-free, fully paid, non-exclusive, irrevocable, perpetual, unrestricted, worldwide, sub-licensable, transferable license to use, reproduce, broadcast, publish, transmit, perform, display, create derivative works from, translate, adapt, modify, distribute, exhibit, disseminate and otherwise exploit (collectively, "Use") such User Submissions for any purpose, including, without limitation, advertising, marketing and promotional purposes, in any media, now or hereafter known, even if these Terms of Use are later modified or terminated.
No credit, approval or compensation is due to you for any such Use of User Submissions you may submit. The Licensed Parties also have the right, but not the obligation, to Use your information provided in connection with your Account or User Submission, including without limitation your real name, image, likeness, caption, location information or other identifying information, in connection with broadcast, print, online or any other Use of your User Submissions. All User Submissions become the unrestricted licensed property of the Licensed Parties.
By submitting, posting, transmitting or uploading User Submissions through or to the Service, you authorize the Licensed Parties to make copies thereof and retain such User Submissions and copies as the Licensed Parties deem necessary to facilitate the Use of the User Submission.
You represent and warrant that neither the User Submissions, nor the Use of the User Submissions as permitted in these Terms of Use, will infringe upon, misappropriate or violate the intellectual property, privacy, publicity, statutory, contractual, personal or other rights of any person or entity or any Applicable Laws, and that you have obtained all necessary rights for the grants to the Licensed Parties, including without limitation, written releases of all rights of privacy and publicity from all individuals included in any way in the User Submissions. All User Submissions must comply with the User Code of Conduct set forth above.
Although the Licensed Parties are under no obligation to review or monitor User Submissions, the Licensed Parties reserve the absolute right to do so in their sole discretion. In addition, the Licensed Parties reserve the right to alter, edit, refuse to post or remove any User Submissions, in whole or in part, for any reason or for no reason. We also reserve the right to terminate your Account if you violate any of these Terms of Use or our policies, as determined in our sole discretion. You agree that we do not have any obligation to use or respond to any User Submissions. The Licensed Parties have no control over whether such User Submissions are of a nature that you might find offensive, distasteful or otherwise unacceptable and, accordingly, the Licensed Parties expressly disclaim any responsibility for User Submissions.
If you are aware of any User Submissions on this Service which violate these Terms of Use or intellectual property of any third party, please contact us by visiting [●] and filling out the contact form, or by calling [●], or writing to us at [●]. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Submissions should be removed. Please note that filing a complaint will not guarantee its removal; we will only remove User Submissions if we believe the measure is necessary, in our sole discretion.
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting User Submissions that violate these Terms of Use or any law or regulation. We may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of the Company, its customers or the public.
If the Company, at any time, conducts or makes available any contests, games and/or promotional offers through the site, such activities shall be governed by separate and specific rules and/or terms and conditions applicable to each such program. Participation in any such activity shall constitute deemed acceptance of the applicable rules, and users are advised to review the same carefully prior to participation. In the event of any inconsistency between such specific rules and these Terms of Use, the former shall prevail solely to the extent of such inconsistency. Further, where any such activities are hosted, advertised, or facilitated through third-party platforms (including social media platforms), participation shall also be subject to the respective terms and conditions of such third-party platforms.
The website is controlled and operated by the Company from within India. While access to the website may be available from locations outside India, we do not represent, warrant, or undertake that the website, its content, or any Products described therein are appropriate, compliant, or available for use in any jurisdiction other than India, nor is the website specifically directed at or intended for users in any such jurisdictions. Unless expressly stated otherwise, the website is intended to provide information relating only to Products that are marketed, distributed, or made available by the Brand Owner within India.
All information made available on the website in relation to the Products, including without limitation descriptions, specifications, ingredients, and representations, is intended for general informational purposes and shall be subject to applicable Indian laws. Users accessing the website from any jurisdiction outside India shall do so at their own initiative and risk and shall be solely responsible for ensuring compliance with all applicable local laws in their respective jurisdictions. The use of this website shall, in all respects, be governed by and construed in accordance with the laws of India, and any disputes arising in relation thereto shall be subject to the exclusive jurisdiction of the competent courts in India.
We may provide links to other websites, applications, or platforms on the internet that are not part of this specific Service (“External Sites”). These External Sites may be operated by third parties or by the Company’s affiliates. You acknowledge and agree that (a) We do not warrant that we have reviewed, vetted, or screened any External Site; (b) The inclusion of any link does not imply an endorsement, sponsorship, or referral by us of the External Site or any products, services, or content available therein; (c) We are not responsible or liable for the availability, security, privacy practices, or accuracy of any External Site or the content therein.
Your access to and use of any External Site is at your own sole risk. Once you leave our Service via a link or redirect, you are subject to the terms and conditions and privacy policies of that respective External Site. We have no control over, and assume no responsibility for, your conduct on such platforms, nor for any act or omission of the operators of those External Sites.
Under no circumstances shall the Company be held liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with (a) Your use of or reliance on any content, goods, or services available on or through an External Site; (b) Any webcasting, data transmission, or technical issues encountered on an External Site; or (c) Any interaction between you and the third-party providers of such websites.
We may provide functionality allowing you to share information or interact with social media platforms (e.g., through overlays or integrated "share" buttons). While these features may appear integrated into our Service, the data is collected directly by the respective social network or third-party provider. Your use of these features is governed strictly by the terms of the applicable social network. We are not responsible for how these platforms handle your data or for your behaviour while utilizing their integrated tools.
THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE, PRODUCT RECOMMENDATIONS, CALCULATORS, OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS (INCLUDING PRICING OR PRODUCT SPECIFICATIONS). THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. THE COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
THE SITE MAY ALLOW USERS TO POST OR SUBMIT CONTENT. YOU UNDERSTAND AND AGREE THAT WHEN USING THIS SERVICE, YOU MAY BE EXPOSED TO USER SUBMISSIONS POSTED AND/OR SUBMITTED BY THIRD-PARTY USERS. YOU ACKNOWLEDGE THAT THE COMPANY ONLY ACTS AS A PASSIVE CONDUIT FOR THE DISTRIBUTION OF USER GENERATED CONTENT (“USER SUBMISSION(S)”) AND IS AN ONLY "INTERMEDIARY". WE DO NOT GUARANTEE THE ACCURACY, INTEGRITY, OR QUALITY OF USER SUBMISSIONS. WE CANNOT ASSURE THAT THERE WILL NOT BE AND WILL NOT BE RESPONSIBLE FOR ANY OFFENSIVE, DEFAMATORY, OR UNLAWFUL CONTENT POSTED BY THIRD PARTIES. THE INFORMATION, MATERIALS AND OPINIONS EXPRESSED IN ANY USER SUBMISSIONS ARE NOT NECESSARILY THOSE OF THE COMPANY OR ITS AFFILIATES.
THE COMPANY ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SERVICE OR ITS OPERATION. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU DOWNLOAD ANY MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU ARE RESPONSIBLE TO TAKE CUSTOMARY PRECAUTIONS AGAINST COMPUTER VIRUSES, INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER DEFECTS, APPLICATIONS OR ANY OTHER MATERIAL OR INFORMATION ON OR MADE AVAILABLE THROUGH THE SITE, AND YOU ARE ALSO RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF CONTENT OR ANY OTHER MATERIAL ON THE SITE.
THE COMPANY MAKES NO WARRANTY THAT: (I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II) ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
THE SERVICE AND ALL CONTENT THEREIN ARE PROVIDED FOR GENERAL INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL, MEDICAL, LEGAL, OR FINANCIAL ADVICE. ANY RELIANCE ON THE MATERIALS PROVIDED THROUGH THIS SERVICE IS STRICTLY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT THIS SERVICE IS PROVIDED OVER THE PUBLIC INTERNET, AND ANY DATA OR OTHER INFORMATION OBTAINED BY THE COMPANY OR THIRD PARTIES FROM YOUR USE OF THE SERVICE HAS NO MONETARY VALUE TO YOU, AND NO INJURY CAN RESULT FROM YOUR USE OF THE SERVICE.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUTABLE THEORY, WHETHER IN TORT, CONTRACT, STRCT LIABILITY OR OTHERWSE, SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "COMPANY PARTIES") BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, STATUTORY, OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE OR ANY MATERIALS IN THIS SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, STATUTE, OTHER TORTIOUS ACTION, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR SHARED THROUGH THIS SERVICE, INCLUDING INFORMATION SHARED TO THIRD PARTIES.
THE COMPANY PARTIES SHALL NOT BE LIABLE EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, OR COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER HARMFUL COMPONENT.
APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE, OR THE SUM OF ₹2,000 (RUPEES ONE THOUSAND ONLY), WHICHEVER IS LESSER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. YOU UNDERSTAND THAT THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT THESE PROVISIONS. IF YOU DO NOT INTEND TO HONOR THESE PROVISIONS, YOU MUST IMMEDIATELY DISCONTINUE THE USE OF THE SERVICE.
You agree to defend, indemnify, and hold harmless the Company Parties (as defined in Section 9.1) from and against any and all claims, actions, demands, or proceedings of any kind, and from any and all damages, judgments, losses, liabilities, costs, and expenses, including reasonable attorney’s fees and legal costs incurred from counsel selected by the Company Parties in our sole discretion (including any costs incurred in the enforcement of this provision), relating to or arising out of: (a) Your use of the Site and Services, or use of the Site and Services by your dependents or any person using your Account credentials; (b) Any User Submissions you post, upload, or otherwise make available through the Service; (c) Your breach or alleged breach of these Terms of Use, including any of your warranties, representations, or agreements made hereunder; (d) Your violation of any Applicable Laws, including but not limited to the Information Technology Act, 2000, and data protection regulations; or (e) Third-Party Rights: Your violation of any rights of another person or entity, including but not limited to intellectual property, privacy, or publicity rights.
The Company Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company Parties in asserting any available defenses. You shall not settle any claim affecting the Company Parties without our prior written consent.
If you initiate (or threaten to initiate) any litigation, arbitration, or otherwise assert any claim against the Company Parties that is based or relies, in whole or in part, upon a repudiation or breach of any promises, representations, warranties, or consents made by you pursuant to these Terms of Use (collectively “Prohibited Legal Actions”), you agree to indemnify and hold the Company Parties harmless from any and all liabilities, claims, demands, damages, costs, and expenses (including reasonable attorneys’ fees of counsel selected in our sole discretion and other legal costs) that arise from or relate to the Prohibited Legal Action. This applies regardless of the legal theory and whether the action is asserted individually or as part of a collective or class proceeding.
These Terms of Use and your use of the Site and Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms of Use (“Dispute”), you agree to first attempt to resolve the Dispute informally by contacting our designated Grievance Officer in writing:
Name/Title: [Insert Name/Designation]
Address: [Insert Address]
Email: [Insert Email Address]
Phone: [Insert Phone Number]
If the Dispute is not resolved through the Grievance Redressal process within thirty (30) days of the initial written notice, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time). The arbitration shall be conducted by a sole arbitrator mutually appointed by the parties. The seat and venue of the arbitration shall be Bangalore, India. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding upon both parties. Each party shall bear its own costs of arbitration unless the arbitrator directs otherwise in the award.
Subject to the arbitration agreement, the parties agree that the courts located in Bangalore, India shall have exclusive jurisdiction over any legal proceedings arising out of or in connection with these Terms of Use or the Services.
Notwithstanding the agreement to arbitrate, the Company shall have the right to seek and obtain any injunctive, or other equitable relief from a court of competent jurisdiction in Bangalore to protect its intellectual property, confidential information, or to stop any unauthorized use of the Site.
The Company may assign its rights and obligations under these Terms of Use, in whole or in part, to any party at any time without notice to you, including in the event of a merger, acquisition, or sale of assets. Your rights and obligations under these Terms are personal to you and may not be assigned or transferred without our prior written consent.
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Any provision of these Terms which by its nature should survive the termination of your use of the Service (including, but not limited to, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) shall remain in full force and effect after such termination.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction or an arbitral tribunal, then that specific provision shall be deemed severable from these Terms. Such a finding shall not affect the validity, legality, or enforceability of any of the remaining provisions, which shall continue to remain in full force and effect.
No failure or delay on the part of the Company to exercise or enforce any right, power, or provision of these Terms of Use shall constitute a waiver of such right or provision, nor shall it prevent the Company from enforcing such rights in the future regarding past or subsequent actions.
Neither the receipt of any funds by the Company nor the reliance of any person on the Company's actions shall be deemed a waiver.
No waiver by the Company shall be legally effective unless it is specifically documented in writing and signed by an authorized representative of the Company.
The section titles and paragraph headings used in these Terms of Use are included for convenience and ease of reference only. They do not have any legal or contractual effect and shall not be used to interpret or limit the provisions of these Terms.
These Terms of Use (along with any Supplemental Terms or Privacy Policy referenced herein) constitute the entire agreement between you and the Company regarding the use of the Site and Services, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written.
