Terms of Service

Last Updated: August 10 2019

 

1. ACCEPTANCE OF TERMS.

 

1.1 Overview.

The following terms and conditions (these “TOS”) govern all use by you as a User (as defined below), a Vendor (as defined below), or Visitor (as defined below) of (a) Swif’s websites and domains (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Swif. (“Swif”, “Swif App”, “App”, “Swif Limited”) and the Swif App, in connection with services listed on the Site, and (c) mobile application (as defined below) (collectively, the “Services”). The Services are owned and operated by the Swif App. Swif is licensed by Abu Dhabi Global Markets (ADGM). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Swif Limited. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY THE SWIF APP. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, PLEASE DO NOT USE OR ACCESS THE SERVICES.

 

1.2 Modification.

Please do not try to modify any portions of Swif’s site. While we make changes to our site to give you the best food services and options, it is your responsibility to check these TOS periodically for changes. Your continued use of the Services following the posting of any changes to these TOS means that you have accepted and understood such changes. We only make changes to enhance your experience of our app and website where necessary.

 

2. GENERAL

  1. Subject to these TOS, Swif grants User(s) a license to use Swif App to place orders with Vendor(s).

  2. These TOS are in perpetual force and effect.

  3. Users, Visitors, and Vendors agree to the terms of these TOU and to the terms of Swif’s Privacy Policy.

  4. If a User places a food order, the order forms an independent contract between the Vendor and the User pursuant to these TOU.

  5. In providing an easy and accessible app, Swif is only responsible for providing a platform by which Vendors and Users can transact. Swif does not provide food delivery services, nor does it provide food orders directly to the User.

 

3. DESCRIPTION OF SWIF.

Swif provides a simple and quick means for individuals (“Users”) and (“Visitors”) to order delicious food from their favorite restaurants and venues. Users may visit the mobile application, order their favorite food items from businesses that provide food services (“Vendors”), and the food is brought to a User’s restaurant table. Payments are all transacted with credit card or through a third-party payment service methods, and of course through the Apple store or Google Play. For more information, please see www.swifapp.com. These TOS apply to you and your use of the Services as a Visitor, Vendor, and/or other User of the Services.

 

4. USING’S SERVICES.

While we want our Users to have a great experience using Swif’s services, there are a few housekeeping points to consider. Please do not:

  • Create or manage multiple Swif accounts, unless we have given your express permission to do so

  • Create a fake or false Swif account (or create one on behalf of someone else)

  • Publish any content that is illegal, vulgar, obscene, improper, stolen, or threatening in any way; Swif does not tolerate racist or bigoted content in any shape or form.

  • Publish content that infringes on UAE laws, U.S. laws, International laws and conventions

  • Publish information or content that infringes patents, IP laws, registered trademarks, manufacturing secrets, or any other information which could infringe the right or property of other individuals

 

4.1 Your Account.

Swif reserves the right to adjust the pricing for our app and/or other services, packages, and products, in any manner, at any point in time, without express notification. Please keep in mind that any transactions or food orders are between the User/Visitor and the Vendor.

 

4.2 Registration.

Upon signing up for Swif’s services, you will receive an email notification to confirm and verify your contact information and address. In order to use Swif’s services, you will need a valid credit card and an email address. You may also be required to verify your telephone number and/or social media platform by which you may login to the Swif App. Visitors consent to providing Swif with all required verification in order to receive access to the Swif App.

 

4.3 How to Place an Order.

 Placing an order with the Swif App is simple:

  • Simply access the Swif App from the Apple App Store or Google Play, and register an account with Swif. Swif requires a valid credit card for payment, in addition to all other information required of the Vendor, as noted in the Swif App.

  • Next, search for the food item you wish to have delivered to your restaurant table from your Vendor, enter your details, and your food should be on its way.

Keep in mind the following:

  • Once an order is placed, it cannot be cancelled – even if you try to contact the Vendor right after placing your order. Orders are only cancelled at the discretion of the Vendor.

  • Users are charged for their orders at the time the order is accepted by the venue. This means that your payment method is automatically charged at the time of purchase.

  • User acknowledges that refund requests are handled between the Vendor and the User, if the Vendor agrees to a refund.

  • User covenants and accepts that the Vendor, and not Swif, is responsible for ensuring that all personal and store information on the Swif App is accurate and updated.

  • User covenants and accepts that any alcohol and tobacco served in the Vendor’s premises shall be served pursuant to applicable laws and that the Vendor may refuse service if such service would contravene local laws and applicable legislation.

 

4.4 Leave a Review.

Swif allows its Users to leave reviews regarding their experiences with Vendors. While Swif appreciate critical reviews, reviews must be reasonable, courteous (no profanity or vulgarity) and respectful. The review system allows Users to provide reviews on aspects of their food delivery experience. These aspects include aesthetic of the establishment, service, taste, location, customer service, price, and other variables. Users and Visitors are able to provide reviews of establishments and Vendors they have not personally visited.

Users agree not to:

  • Provide inaccurate or dishonest information about the Vendor or its products and services; and

  • Provide uncharacteristically high reviews or arbitrary reviews of the Vendor which are dishonest or fraudulent, in an attempt to garner deals or discounts from the Vendor.

 

5. ORDERING ALCOHOLIC BEVERAGES & TOBACCO PRODUCTS

If you order alcohol from one of our Vendors, you represent that:

  • You have an alcohol license;

  • You are not Muslim;

  • You possess a residency visa; and

  • You are above the age of 21 years old.

Swif is not responsible for denied alcoholic beverages at any point of the transaction. It is the sole responsibility of the Visitor to ensure that they have appropriate documentation and licenses. It is the sole responsibility of the Vendor to ensure that Users have appropriate documentation and fit all criteria for legal consumption of alcohol.

 

5.1 Tobacco Products

Tobacco products include shisha, cigars, and cigarettes. If you purchase a tobacco product, you represent that:

  • You will consume it in a licensed restaurant or shisha establishment;

  • You are above the age of 18 years old; and

  • You will not consume it any prohibited areas, including public spaces and outside of the establishment.

It is the sole responsibility of the Visitor to ensure that they comply with UAE Tobacco regulations. It is the sole responsibility of the Vendor to ensure that Users have appropriate documentation and fit all criteria for legal consumption of tobacco.

 

6. SITE CONTENT, COPYRIGHT, & INTELLECTUAL PROPERTY.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by Swif belong to the Swif app and is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws.

 

6.1 A Note on Copyright.

Our copyright rules are simple. Don’t reproduce our logos, trade-marks or pictures without our written consent. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of Swif. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

 

7. NO GUARANTEE.

While Swif makes every effort to provide stellar services 24/7 and around the clock, Swif makes no guarantee that its App, Services, Content, Website, other Operations will be operable at all times or during any down time caused by any (i) power outages, (ii) outages caused by Our Servers our Service providers, (iii) scheduled and planned maintenance outages or (iv) events beyond Swif’s (or its wholly owned subsidiaries) control such as strikes, riots, government action, natural disasters, or internet service disruptions.

 

8. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWIF HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SWIF MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. SWIF IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER OR VISITOR OR VENDOR, OR THIRD PARTY BEFORE, DURING AND/OR AFTER A FOOD PURCHASE; AND SWIF WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT SWIF HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF SERVICES ADVERTISED, THE TRUTH OR ACCURACY OF ANY PRODUCTS OR SERVICES, OR THE AVAILIBILITY OF ANY PARTICULAR FOOD OPTIONS. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. This basically means that we are not liable for any of the above.

 

9. THIRD PARTY SERVICES.

The Swif App allows users to login to Swif via third-party platforms such as Google+ and Facebook. Where Users connect or register their profile using third-party platforms, the User authorizes Swif to use  personal information from the third-party platform to create the User’s profile in the Swif App. While Users and Visitors may use these alternative login methods, Users are responsible for the security of their passwords. Users who use these alternative third-parties and login methods warrant that they are complying with Swif’s Privacy Policy, TOS, and Terms and Conditions.

 

9.1 Links to Third Parties.

Swif’s Site or App may contain links and/or references to websites operated by third-parties. These links and/or references to links are for the benefit of Swif’s Users. Swif does not control the content or actions of these Sites nor is it responsible for the content of third-parties. Swif’s inclusion of such links does not imply an association or partnership with these sites. If you decide to leave the Swif Site and access a third-party site, you do so at your own risk.

 

10. DISPUTES BETWEEN YOU AND THE VENDOR.

While Swif fosters a respectful and courteous environment for Users to order food, we understand that disputes may occur between the Vendor and/or User/Visitor. Additionally, Swif endeavors to provide an equitable and fair environment for food Vendors. Accordingly, all disputes between Users and Vendors must be handled between the User and the Vendor. Should a dispute regarding payment ensue, the User must try to communicate with the Vendor prior to issuing a stop-payment with their credit card company.

 

11. DISPUTES BETWEEN YOU AND SWIF.

Swif takes its Users and Visitors’ concerns very seriously. If you have a dispute or concern, please contact us at hello@swifapp.com  with a detailed description of your dispute. Please note that disputes that cannot be resolved within the Swif platform may be governed by arbitration or other legal actions under UAE law.

 

12. LIMITATION OF LIABILITY.

SWIF SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL ACTION, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR MISSED FOOD ORDERS, COLD FOOD, OR OTHER INTANGIBLE LOSSES (EVEN IF SWIF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF AED 750 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND SWIF’S REASONABLE CONTROL. SWIF SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, SWIF IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND SWIF HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

13. GOVERNING LAW.

These TOS shall be interpreted and governed by the laws of the United Arab Emirates.  The venue for any action concerning this Agreement shall be in the county of Swif Limited’s location within the UAE. Any financial controversy or claim arising out of or relating to this Agreement, or the breach hereof, shall be settled by arbitration with a single arbitrator in accordance with the rules of the Civil Procedure Code and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof; Provided, however, the parties may seek injunctive relief to enforce any aspect of this agreement regarding paragraphs 6 and 8 through the courts. Any arbitration will take place within the UAE.