Terms and Conditions
3.We enable display and information on products offered for sale, for placement of orders/ transactions via the online platform owned by Bundl by connecting/ re-directing the interested Buyer in this website to the Bundl platform (www.swiggy.com) (“Platform”) run and operated by Bundl as per its independent terms, which facilitates and enables transactions between you and us, on the Platform.
4. We, The Bowl Company are available in select Cities, as Bundl also enables delivery of your orders at select localities of serviceable cities across India (“Delivery Services“) by connecting third party service providers i.e. pick-up and delivery partners (“PDPs”) who will be responsible for providing the pick-up and delivery services and completing delivery order initiated by the users in this website via Bundl’s Platform.
5. For the Delivery Services, PDPs may charge the users of the Platform as per Bundl and the PDP’s arrangements, a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time, and morefully described under Bundl’s terms and conditions.
7. Use of Website and Services
I. This Website only displays the products offered for sale, along with relevant information about the product. All commercial/ contractual terms on price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services shall be as offered by Bundl as part of its individual terms and conditions.
II. Upon acceptance of any Order by the PDPs, the Delivery Services undertaken by him/ her, shall constitute a separate contract for services between Buyers and PDPs, which will be governed by that contract as enumerated under the Platform terms and conditions.
III. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us.
IV. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to prohibit any such activity.
V. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, “password mining” or any other illegitimate means.
VI. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
VII. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
VIII. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
X. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) applicable international laws, statutes, ordinances and regulations.
8. Order Booking and Financial Terms
I. The Platform allows the Buyers to connect to the Platform to place Orders and upon acceptance of such orders by us, Bundl will, subject to the terms and conditions set out in the Platform, facilitate Delivery Services through PDP.
II. However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided while placing the Order to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
III. In addition to the foregoing, we may also contact you by phone and/ or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as the case may be. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Bundl reserves the right to not to process Buyer’s Order in the event Buyer or offered products or PDP is unavailable, in such event the provisions of the Cancellation and Refund Policy laid out by Bundl shall be applicable.
9. Cancellations and Refunds
Please refer to the Cancellation and Refund Policy laid out by Bundl for cancellation and refunds terms in relation to usage of the Platform for availing Services.
II. As we are available in the select cities in India, we have complied with applicable laws of India in making the Website and its content available to you. In the event the Website is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Website from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
IV. You also understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
V. You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
I. THE WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
II. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
III. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
IV. WHILE THE IMAGES, MATERIALS PROVIDED ON THE WEBSITE WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN.
V. TTHE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
VI. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE WEBSITE. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
VII. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/ WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Intellectual property
I. We are the owner of intellectual property rights or have the non-exclusive, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Website, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
II. You recognize that we are the registered owner or have applied for the mark and the logo including but not limited to its variants (IPR). If you become aware or acquire knowledge of any infringement of IPR you shall report the same at/ through firstname.lastname@example.org with all relevant information.
13. Treatment of information provided by you
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
16. Governing law and dispute resolution
17. Contact Us
Please contact us at grievances@Swiggy.in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Name: Arun Cyril
Bundl Technologies Private Limited
Reg Office: No.55, Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru – 560103, Karnataka, India
Time: Monday – Friday (9:00 – 18:00)
18. Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SAID WEBSITE/TRANSACTION/BUSINESS. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SINGLE SUCCESSFUL PURCHASE YOU HAVE MADE.
19. Bundl Operated “Swiggy One ” Membership Program Specific Terms
1· YOUR CONSENT
By using the Website and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Website.
2· POLICY CHANGES
We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy, we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.
3· LINKS TO OTHER WEBSITES
The Website may contain links to other websites outside our direct or indirect control. Any personal information about you collected whilst visiting such websites is not governed by this Policy. We shall not be responsible for and have no control over the practices and content of any website accessed using the links contained on the Platform. This Policy shall not apply to any information you may disclose to any of our service providers/ service personnel which we do not require you to disclose.
4· INFORMATION WE COLLECT FROM YOU
Device Information: In order to improve your app or Website surfing experience and lend stability to our services to you, we may collect information or employ third party plugins that collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, mobile network information, installed applications on device and phone state. The information collected thus will be disclosed to or collected directly by these plugins and may be used to improve the content and/or functionality of the services offered to you. Analytics companies may use mobile device IDs to track your usage of the Platform.
1. Authenticating users;
2. Remembering user preferences and settings;
3. Determining the popularity of content;
4. Delivering and measuring the effectiveness of advertising campaigns;
5. Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.
A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.
6. USES OF YOUR INFORMATION
We use the information we collect for following purposes, including:
1. To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your Homely/ Bowl Company account;
2. To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;
3. To administer and enhance the security of our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
4. To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services;
5. To understand our users (what they do on our Website, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), make special offers, provide customer support, process and respond to your queries;
6. To generate and review reports and data about, and to conduct research on, our user base and Website usage patterns;
7. To allow you to participate in interactive features of our Website, if any; or
8. To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
9. To carry out academic research with academic partners.
We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/ or de-identify information collected from you through the Website or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/ or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.
We analyse the log files of our Website that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the Website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.
7. DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION
We may share your information that we collect for following purposes:
1. With Service Providers: We may share your information with our vendors, consultants, marketing partners, research firms and other service providers or business partners, such as the Platform. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Website or products, to help us analyze and improve the use of our Website. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us.
2. With Academic Partners: We may share your information with our academic partners for the purpose of carrying out academic research.
3. For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are:
a. Obligated under the applicable laws or in good faith to respond to court orders and processes; or
b. Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of the Website and other illegal acts;
4. For Internal Use: We may share your information with any present or future member of our “Group” (as defined below) or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person.
While you cannot opt out of advertising on the Website, you may opt out of much interest-based advertising on third party sites and through third party ad networks (including DoubleClick Ad Exchange, Facebook Audience Network and Google AdSense). For more information, visit www.aboutads.info/choices. Opting out means that you will no longer receive personalized ads by third parties’ ad networks from which you have opted out, which is based on your browsing information across multiple sites and online services. If you delete cookies or change devices, your opt out may no longer be effective.
6. To fulfill the purpose for which you provide it.
We may share your information other than as described in this Policy if we notify you and you consent to the sharing.
8. DATA SECURITY PRECAUTIONS
We have in place appropriate technical and security measures to secure the information collected by us.
Please we aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Website. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.
When you sign up for an account, you are opting in to receive emails from Homely/ the Bowl Company. You can log in to manage your email preferences [here] or you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from us.
If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy or you want your data to be deleted, please write to us at email@example.com. Please note that we may take time to process such requests, and your request shall take effect no later than 5 (Five) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent.
10. GRIEVANCE OFFICER
If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at firstname.lastname@example.org or write to our Grievance Officer at the following address:
Bundl Technology Private Limited Grievance Officer
No.55 Sy No.8-14, Ground Floor, I&J Block,
Embassy Tech Village, Outer Ring Road,
Devarbisanahalli, Bengaluru – 560103
If you come across any abuse or violation of the Policy, please report to email@example.com