This document (“Terms of Use”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, and other applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 that requires publishing of the rules and regulations, privacy policy and terms for access or usage of the Pyng mobile/handheld device application and the website [www.pyng.co.in] (collectively, “ Pyng Platform”).

1. GENERAL

The Pyng Platform is made available by Swiggy Limited (“Pyng”, “Company”, “we”, “us” and “our”), a company established under the laws of India, having its registered oﬃce at No.55 Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru 560 103.

“Merchants” refer to persons who offer and provide services which can be accessed by customers (“Customers”) on the Pyng Platform. Merchants can also avail various Services (as described below) including from third party service providers (“Partners”). Merchants, Customers and Partners are collectively referred to as “You” / “Your”.

The term “Services” refers to any services offered by Pyng, including but not limited to:

Providing access to the Pyng Platform, with the included tools, menus, software, options, features and functionality to enable Merchants to offer products and services to customers through the Pyng Platform;
Providing data analytics services to Merchants to help them track and evaluate customer interactions and transactions that take place on the Pyng Platform; and
Providing, either directly, or by enabling various Partners, access to various services such as payment solutions, advertising, etc. (collectively, “Service(s)”).

For the purposes of these Terms of Use, unless deﬁned hereunder, all capitalized terms shall have the meaning ascribed to them in the Privacy Policy.

Please read these Terms of Use carefully before you access the Pyng Platform or use the Services. If you do not agree to these Terms of Use, please do not use the Pyng Platform or avail our Services, and we request you to uninstall the application. By installing, downloading or even merely accessing the Pyng Platform, you shall be contracting with Pyng and you signify your acceptance to this Terms and other Pyng policies (including but not limited to the Privacy Policy) as posted on the Pyng Platform, and as amended from time to time.

As a Merchant, you agree to comply with your obligations under these Terms.

2. AMENDMENTS

The Company reserves the right to change or modify these Terms of Use, or any policy or guideline of the Pyng Platform, including the Privacy Policy, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Pyng Platform. While the Company will periodically inform you of material changes to the Terms of Use, you are responsible for checking this page regularly to note any changes. Your continued use of the Pyng Platform or the Services means you accept and agree to the updated Terms of Use.

By (i) using the Pyng Platform or availing any of our Services, (ii) visiting the Pyng Platform, or (iii) downloading the Pyng application, you agree that you have read, understood, and agreed to be bound by these Terms of Use, the Privacy Policy, and any other applicable rules, guidelines, policies, terms, and conditions under applicable law(s) in India and other jurisdictions. These documents shall be considered part of these Terms of Use.

The Pyng Platform is operated, and Services are provided, in compliance with Indian laws. The Company shall not be liable to provide any Services to users outside India. If you access our Services from locations outside India, you do so at your own risk and are solely responsible for complying with applicable local laws.

3. SERVICES

For Merchants:

The Company offers you various tools and services. Any new features or tools that are added to the current Services will also be subject to these Terms and you are encouraged to visit this page and review them periodically. Your continued use of the Pyng Platform or the Services, or operations on the Pyng Platform, means that you accept and agree to the Terms and their extension to such new features and Services. Further, some of the Services may be provided by third party Partners of the Company. Such third party Partners may have alternative or additional terms and conditions that may be applicable to you (“Additional Terms”). You are responsible for reviewing and agreeing to such terms and conditions.

Additionally, in the event of a conﬂict between the Terms of Use and the Additional Terms, the conditions set out in the Additional Terms will prevail in relation to that particular Service.

For Customers:

When you check services/products of any Merchant on the Pyng Platform, you are bound by the Terms and conditions of such Merchant, Terms of Use and other Pyng Policies of the Pyng Platform. The Company has no control over products or services, content, quality or the level of service made available through Pyng Platform by such Merchants and does not have any privity with you. The authenticity, accuracy or genuineness of the products and services made available by the Merchants is the sole responsibility of the relevant Merchant. Furthermore, We provide no warranty with respect to delivery of service/products or any communications between Merchants and Customers.

4. ELIGIBILITY OF USE

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvent etc. are not eligible to use the Pyng Platform. Only individuals who are 18 years of age or older may use the Pyng Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Pyng Platform or our Services, your parents or legal guardian must acknowledge and agree to the Terms and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms and Pyng policies, you shall immediately discontinue its use. Pyng reserves the right to terminate your Account and / or deny access to the Pyng Platform if it is brought to Pyng’s notice that you are under the age of 18 years.

5. USER ACCOUNT, PASSWORD AND SECURITY

For Merchants:

You may access the Pyng Platform by registering to create an account (“Account”) on the Pyng merchant platform. The Account can be created for the limited purpose of using and accessing the Pyng Platform and using our Services, and are strictly not transferable.

You can only have one Account and are not permitted to create multiple accounts. Pyng reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Pyng Platform. In registering for an Account, you agree to provide us with accurate, complete and updated information regarding your business or personal details, and update such details as required, without undue delay. In addition, you must not create an account for fraudulent or misleading purposes.

For Customers:

You may access the services hosted on the Pyng Platform by directly accessing the Services offered by way of registering on Pyng Platform by making an account or by registering using your account on third party social media platforms (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

By granting us access to any Third Party Accounts, you acknowledge and agree that we may access, display, and make available any content or information that you have provided on your Third Party Account (“SNS Content”) on the Pyng Platform via your Account.

Unless otherwise speciﬁed in these Terms, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use. Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identiﬁable information that you post to your Third Party Accounts will be available on and through your Account on the Pyng Platform.

Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Pyng Platform.

You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete (“Account Information”).

We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Pyng policies.

You will be responsible for maintaining the conﬁdentiality of the Account Information and are fully responsible for all activities that occur under your Account. You agree to (a) immediately notify Company of any unauthorized use of your Account or Account Information or any other breach of security, non-compliance with any applicable laws, rules, regulations and guidelines as may be notiﬁed from time to time; and (b) ensure that you exit / log out from your Account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Paragraph 5. You may be held liable for losses incurred by Company or any other user of or visitor to the Pyng Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and conﬁdential or otherwise. You shall ensure that the Account Information provided by you for registering on the Pyng Platform is true, complete, accurate and up to date. Use of another user's Account Information for availing the services offered by Company is expressly prohibited. Company will not be responsible for any ﬁnancial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/Account details for using the Pyng Platform.

6. COMPANY’S RIGHTS

The Company strives to provide you with a wide range of features and functionalities for availing our Services on the Pyng Platform. Not all Services or features will be available to all users at all times and we are under no obligation to make any Services or features available in any jurisdiction.

Except where prohibited in these Terms of Use or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without prior notice to you and at any time.

As a Merchant, you understand and agree that:

1. The Company does not pre-screen any materials, products or contents that you offer or display on the Pyng Platform (collectively “Materials”) and it is in our sole discretion to refuse or remove any Materials or part of it, including if we determine in our sole discretion that the goods or services that you offer through the Services, or the Materials uploaded or posted on the Pyng Platform, violate these Terms of Use. All commercial terms such as price, date, time of provision/delivery of services are as per principal-to-principal bipartite contractual obligations between the Merchant and Customers. You agree that the Company does not have control of or liability for the products or services that are listed/ offered through the Pyng Platform. The Company does not guarantee the identity of any third parties, nor does it ensure that a Customer who uses the Pyng Platform or a third party will complete a transaction.

2. We reserve the right to provide our Services to your competitors and make no promise of exclusivity.

3. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or conﬁrm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on ﬁle, or conﬁrmation of your status as an employee of an entity.

4. The Company reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful account owner. If we are unable to reasonably determine the rightful account owner, without prejudice to our other rights and remedies, the Company reserves the right to temporarily suspend or disable an Account until resolution has been determined between the disputing parties.

5. If you make any payments in relation to our Services you agree as follows.

In order to process the payments for any Services that you avail, you may be required to provide details of your bank account, credit card number, etc. The online fee payments made by you are processed with the support and services of the banks/payment gateways/payment aggregators/ third parties and the Company does not receive the ﬁnancial information provided by you to these banks/payment gateways/payment aggregators/ third parties. The Company is not responsible for any loss or damage caused to you during this process as these banks/payment gateways/payment aggregators/ third parties are beyond the control of the Company and subject to their respective policies. There are no applicable payment charges levied on any transactions. The Merchant agrees that the Merchant will be responsible to review and agree to the Additional Terms of such third party payment service providers and the Company will have no liability in this regard.
Settlement- The Merchant agrees that all settlements by the Company will be processed subsequent to the rendering of services by the Merchant ordered by the Customer, subject to no claims from the Customers confirming otherwise.
Taxes- Each Merchant / third party service provider is solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. The Company shall in no way be responsible for any of the taxes except for its own taxes. Further please note that all fees are exclusive of applicable taxes.
Security Measures- The payment made for every transaction is done through API integration. Moreover, you may also check our Privacy Policy to understand how the Company uses the conﬁdential information provided by Merchants.
The Company reserves the right to modify the fee structure by providing notification on the Pyng Platform which shall be considered as valid and agreed communication. The Company shall not be responsible if some purchase is not registered or is lost due to any network issues/problems such as breakdown of machinery, unclear/ disruption in the network or non-receipt of payment from banks/payment gateways/payment aggregators/third parties and/or the cost(s) charged by the network operator(s). However, the Company shall work towards the best interest of the Merchant.
Dispute- Any dispute in connection to the third-parties services shall be settled between the Merchants and the respective third parties, including without limitations, banks/payment gateways/payment aggregators/network operators without involving the Company.

7. NO ENDORSEMENT

We do not endorse any Merchant on the Pyng Platform or any of our Partners. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to conﬁrm, and do not conﬁrm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other users of the Pyng Platform.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

8. USER OBLIGATIONS

Subject to compliance with these Terms of Use, Company grants you a personal, non- exclusive, non-transferable, limited privilege to access and use the Pyng Platform and the Services provided herein. You agree to use the Services, Pyng Platform, and the materials provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) in accordance with applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree and acknowledge:

1. not to access (or attempt to access) the Pyng Platform and the materials or Services by any means other than through the interface that is provided by the Company.

2. not to use any automated means such as data scraper, deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access the Pyng Platform, or Services for any purpose.

3. not to use any automated device to access, acquire, copy or monitor any portion of the Pyng Platforms, or in any way reproduce or circumvent the navigational structure of the Pyng Platform, to obtain or attempt to obtain any materials, documents or information through any means not speciﬁcally made available through the Pyng Platform.

4. to operate the Pyng Platform and use the Services in accordance with applicable laws and you will be responsible for obtaining all necessary consents, permissions, licenses, etc. that may be necessary or that may be held by you in your use of the Service and your performance of obligations under the Terms.

5. You will be responsible for obtaining all necessary consents from Customers to collect, process and disclose their data for providing services if required.

6. Pyng is just a facilitator and any contract of sale/ services made through the Services is directly between Merchant and the Customer. You are the service provider of all services you sell/ provide through the Pyng Platform. You are responsible for the creation and operation of your Materials, the goods and services that you may sell/ provide through Pyng Platform. You represent and warrant that your Materials and the goods and services you sell/ provide through the Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, the Company will not be the seller or merchant on record.

7. that you will comply with the list of permitted and restricted goods and services that can be offered through the Pyng Platform.

8. that you are solely responsible for the goods or services that you may sell/ provide through the Pyng Platform (including description, price, fees, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations.

9. that you will not publish any news or current affairs or the business carried out through the Pyng Platform.

10. that you will not discriminate against any Customers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Pyng Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event;

11. 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) international laws, foreign exchange laws, statutes, ordinances and regulations regarding your use of our Pyng Platform and our Services and any sale of products or services through Pyng Platform. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

You acknowledge that the Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information, which will also be included within the scope of Materials you upload on the Pyng Platform. You grant us and our subsidiaries, aﬃliates, and successors a worldwide, non- exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Materials throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Materials, subject to the rights you granted to us in these Terms. You may modify or remove your Materials via your Account or by terminating your Account, but your Materials may persist in historical, archived or cached copies and versions thereof available on or through the Services. You hereby undertake to ensure that the Materials are not offensive and in accordance with applicable laws.

Further, you undertake not to:

1. Host, display, upload, modify, publish, transmit, update or share Materials which:

amounts to stealing and/or publishing of information belonging to others and to which you do not have any right (including but not limited to personal information, non-personal information and payment information) without requisite consent or a license;
impersonates any person, including the Company, our aﬃliates, our designated partners, our designated representatives, our employees, or another user/player;
is illegal, misleading, fraudulent, invasive of another’s privacy (including bodily privacy), harmful, threatening, abusive, blasphemous, insulting or harassing (including on the basis of gender), tortious, disparaging, defamatory, vulgar, sexually explicit, pornographic, paedophilic, libelous, obscene, hateful, racially or ethnically objectionable, inappropriate, profane, indecent, or relating to or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
which shows any individual in full or partial nudity or shows or depicts any individual in any sexual act or conduct, or is in the nature of impersonation in electronic form including through artiﬁcially morphed images;
infringes any intellectual property rights, including patent, trademark, moral rights, trade secret, copyright, service marks or other proprietary rights, of any individual /entity;
takes advantage of, exploits, deceives or misleads any other user about the origin of the message or knowingly and intentionally communicates any information which is patently false or untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency (especially for ﬁnancial gain or to cause any injury to any person) (as determined in our sole discretion);
contains software viruses or any other computer code, ﬁles or programs designed to interrupt, destroy or limit the functionality of any computer resource;
violate any applicable law, rule, or regulation in connection with your access or use of the Pyng Platform or Services or otherwise;
is harmful to minors; or
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, is against decency or morality, results in contempt of court, or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting any other nation.

2. You shall not delete or modify any content of the Pyng Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

3. 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 Pyng Platform or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Pyng Platform or any Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Pyng Platform. We reserve our right to prohibit any such activity.

4. You shall not attempt to gain unauthorized access to any portion or feature of the Pyng Platform, or any other systems or networks connected to the Pyng Platform or to any server, computer, network, or to any of the services offered on or through the Pyng Platform, by hacking, "password mining" or any other illegitimate means.

5. You shall not probe, scan or test the vulnerability of the Pyng Platform or any network connected to the Pyng Platform nor breach the security or authentication measures on the Pyng Platform or any network connected to the Pyng Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Pyng Platform, including any account on the Pyng Platform not owned by you, to its source, or exploit the Pyng Platform or any service or information made available or offered by or through the Pyng Platform, 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 Pyng Platform.

6. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or Pyng Platform name used by us including the name 'Pyng', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Pyng or Merchant on the Pyng Platform or otherwise tarnish or dilute any Pyng's service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us or any of our aﬃliates and Group. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Pyng Platform or Pyng’ systems or networks, or any systems or networks connected to Pyng.

7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Pyng Platform or any transaction being conducted on the Pyng Platform, or with any other person's use of the Pyng Platform.

8. 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 Pyng Platform or any service offered on or through the Pyng Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

9. You may not use the Pyng Platform or any content on the Pyng Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Pyng and/or others.

10. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Pyng Platform.

11. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Pyng Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government oﬃcials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

12. We reserve the right, but have no obligation, to monitor the Materials posted on the Pyng Platform. Pyng shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE Pyng PLATFORM . Please be advised that such content posted does not necessarily reﬂect Pyng’ views. In no event shall Pyng assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Pyng Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

13. Your correspondence or business dealings with Customers or Partners, including payment and delivery of products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Customer / Partner. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such interaction.

14. It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Pyng Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Pyng Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Pyng Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Pyng Platform. Please carefully select the type of information that you publicly disclose or share with others on the Pyng Platform.

15. Pyng shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

16. You shall not violate any applicable laws or regulations for the time being in force within or outside India;

17. You shall not violate the Terms of Use, including but not limited to any applicable Additional Terms contained herein or elsewhere; and

18. You shall not reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Pyng Platform

Cancellation and Refund Policy

In the event that, the Merchant with whom Customer has booked a paid appointment/service via the Pyng Platform, and Merchant has not been able to provide the service/product, Customer will need to write to us at support@pyng.com within five (5) days from the occurrence of such event; in which case, the entire amount as paid by the Customer will be refunded in the next five (5) to six (6) business days in the original mode of payment done by the customer while booking. In case where the Customer does not show up for the appointment booked with a Merchant, without cancelling the appointment beforehand, the amount will not be refunded. ^[a]

9. NOTICE AND TAKE DOWN POLICY TEMPLATE AND PROCEDURES

If any person believes that their work (as included on the Pyng Platform) has been copied, displayed, or distributed in a way that constitutes copyright infringement, you must provide a written communication (by email or regular mail) that sets out the information speciﬁed in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you ﬁrst contact a lawyer. To expedite our ability to process your request, please use the following format:

1. Identify with suﬃcient detail the protected work that you believe has been infringed. This includes identiﬁcation of the identiﬁcation of what material in such work(s) is claimed to be infringed and that such use is not covered by fair use or any other available defense. Posts must be referenced by either the dates in which they appear or by the permalink of the post on the Pyng Platform or Services. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with suﬃcient data to ﬁnd it;

2. Identiﬁcation of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably suﬃcient to permit Pyng to locate the material;

3. Information reasonably suﬃcient to permit Pyng to contact the complaining party, such as an address telephone number, and, if available, an email address at which the complaining party may be contacted;

4. The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";

5. The following mandatory statement: "I undertake that the information in the notiﬁcation is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";

6. An undertaking that you will ﬁle an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce the orders of the competent court having jurisdiction, within a period of 21 (twenty-one) days from the receipt of the notice by us.

7. Sign the document with either your physical or electronic signature; and

8. Send the written communication to:

Email to brand-protection@swiggy.in

Format of notice of infringement:

To,

Swiggy Limited,

No.55 Sy No.8-14, Ground Floor, I&J Block, Embassy Tech Village, Outer Ring Road, Devarbisanahalli, Bengaluru 560103

I, < >of < >do solemnly and sincerely declare as follows:

1. I am the owner of certain intellectual property rights, said owner being named ("IP Owner").

2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material claimed to be infringing.

3. I may be contacted at:

Name

Designation/Title & Company

Postal Address (with Pin code)

Email Address (correspondence) Telephone/Fax

I swear, under penalty of perjury, that the information in the notiﬁcation is accurate, and that I am the intellectual property right(s) owner or am authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed and I make this declaration conscientiously believing it to be true and correct. Declared by < > on < >at < >.

Truthfully,

Signature

Important Note:

(a) Pyng shall be unable to process requests which do not specify exact product IDs or URLs.

(b) Pyng shall not consider an incomplete request.

(c) Pyng's response to such request will include removing or disabling access to material claimed to be the subject of infringing activity.

Please note that we only investigate notices or claims of infringement of copyright if such notices are received from the owner of copyright or from a duly authorized licensee.

1. If you believe that the notice received from any third party alleging infringement of their copyrighted work(s) is baseless or erroneous, you may send a counter-notice containing the following information to us:

a. details of the notice received from the third party;

b. a point wise reply to each of the claims of the third party;

c. proof of your ownership in the copyrighted work(s); and

Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the courts from where you have received the notice and a statement that you will accept service of process from the person who provided notiﬁcation of the alleged infringement.

If a counter-notice is received by us, the Company may send a copy of the counter-notice to the original complaining party. Unless the complainant ﬁles an action seeking a court order against the user to whom the notice was issued within 21(twenty- one) days of receiving a counter-notice or provides a court order to the Company within such time period, the removed content may be replaced, or access to it restored.

10. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless Company including but not limited to its aﬃliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Company that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold Company harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Pyng Platform, any claim that your material caused damage to a third party, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, Company's entire liability to you under this Terms of Use or otherwise shall be to the extent of refund of the money charged from you for Services availed by you, under which the unlikely liability arises. In no event shall Company, its oﬃcers, directors, employees, partners or suppliers be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or proﬁts, whether or not foreseeable or whether or not Company has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Pyng Platform, Services or content on the Pyng Platform.

Company is not responsible for any non-performance or breach of any contract entered into between users and third party service providers. Company cannot and does not guarantee that the concerned users and/or third party service providers will perform any transactions that are entered into on the Pyng Platform.

Company shall not and is not required to mediate or resolve any dispute or disagreement between users and third party service providers. Company does not, at any point of time during any transaction between users and third party service providers on the Pyng Platform come into or take possession of any of the services offered by third party service providers nor does it at any point gain title to or have any rights or claims over the services offered by third party service providers to users.

At no time shall Company hold any right, title or interest over the products sold through the Pyng Platform, nor shall Company have any obligations or liabilities in respect of such contract entered into between users and third party service providers. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

11. VIOLATION OF TERMS OF USE

You agree that Company may, in its sole discretion and without prior notice, terminate your access to the Pyng Platform and block your future access to the Pyng Platform, if Company determines that you have violated these Terms of Use or Additional Terms. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Company, for which monetary damages would be inadequate, and You consent to Company obtaining any injunctive or equitable relief that Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Company may have at law or in equity. You agree that Company may, in its sole discretion, and without prior notice, terminate your access to the Pyng Platform, for cause, which includes (but is not limited to):

(1) requests by law enforcement or other government agencies;

(2) a request by you (self- initiated account deletions);

(3) discontinuance or material modiﬁcation of the Pyng Platform or any Service offered on or through the Pyng Platform; or unexpected technical issues or problems. If Company does take any legal action against you as a result of your violation of these Terms of Use, Company will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Company.

12. TERMINATION

The Terms of Use will continue to apply until terminated by either you or Company as set forth below. If you want to terminate your agreement with the Company, You may do so by (i) not accessing the Pyng Platforms; or (ii) closing your Accounts. Company may, at any time, with or without notice, terminate the Terms of Use(or portion thereof, such as any individual Additional Terms) with you if:

You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to you from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
Company is required to do so by law (for example, where the provision of the services hereunder, to you is, or becomes, unlawful);
The provision of the Services to you, by Company is, in Company's opinion, no longer commercially viable;
Company has elected to discontinue, with or without reason, access to the Pyng Platform, the Services (or any part thereof); or
Company may also terminate or suspend all or a portion of your account or access to the Services with or without reason.

Except as may be set forth in the Terms of Use applicable to a particular service, termination of your Account may include:

removal of access to all offerings within the Pyng Platform or with respect to the Services;
deletion of your materials and Account Information, including your personal information, log-in ID and password, and all related information, ﬁles and materials associated with or inside your Account (or any part thereof); and
barring of further use of the Services. You agree that all terminations shall be made in Company's sole discretion and that Company shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information), or your access to the Pyng Platform or the Services.

Notwithstanding the foregoing, these Terms of Use will survive indeﬁnitely unless and until Company chooses to terminate them. If you or Company terminates your use of the Pyng Platform, Company may delete any content or any other materials relating to your use of the Pyng Platform and Company will have no liability to you or any third party for doing so.

13. RELATIONSHIP WITH OPERATORS IF THE PYNG PLATFORM IS ACCESSED ON MOBILE DEVICES

In the event the Pyng Platform is accessed on a mobile device, it is not associated, aﬃliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, or Android (each being an “Operator”).

Your download, installation, access to or use of the Pyng Platform is also bound by the terms and conditions of the Operator.

You acknowledge that these Terms of Use are concluded between you and Pyng only, and not with an Operator, and we, not those Operators, are solely responsible for the Pyng Platform and the content thereof to the extent speciﬁed in these Terms of Use.

The license granted to you for the Pyng Platform is limited to a non-transferable license to use the Pyng Platform on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the Pyng Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Pyng Platform.

You and we acknowledge that, in the event of any third party claim that the Pyng Platform or your use of the Pyng Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the Pyng Platform (e.g. you must ensure that your use of the Pyng Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneﬁciaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneﬁciary thereof.

14. DISCLAIMERS

THE PYNG PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PYNG PLATFORM, SERVICES OR CONTENT ON THE PYNG PLATFORM, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FURTHER, COMPANY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PYNG PLATFORM DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE PYNG PLATFORM THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND COMPANY'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PYNG PLATFORM, IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PYNG PLATFORM IS AT YOUR RISK.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS. YOU ACKNOWLEDGE THAT THIRD PARTIES MAY PARTNER WITH US FOR PROVISION OF SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PARTNER’S GOODS OR SERVICES.

PYNG DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT ON THE PYNG PLATFORM.

WHILE THE MATERIALS PROVIDED ON THE PYNG PLATFORM 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. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE PYNG PLATFORM, SERVICES, CONTENT ON THE PYNG PLATFORM AND OTHER MATERIALS ARE PROVIDED BY COMPANY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY THAT:

(I) THE PYNG PLATFORM OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PYNG PLATFORM OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

(II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PYNG PLATFORM, SERVICES OR CONTENT ON THE PYNG PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

(III) THE QUALITY OF THE PYNG PLATFORM, SERVICES OR CONTENT ON THE PYNG PLATFORM WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE PYNG PLATFORM, SERVICES OR CONTENT ON THE PYNG PLATFORM WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. COMPANY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.

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 PYNG PLATFORM. 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.

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 PYNG PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. INTELLECTUAL PROPERTY RIGHTS

We are either the owner of intellectual property rights or have the non- exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Pyng Platform, and in the material published on it including but not limited to user interface, layout format and any content thereof. You recognize that the Company is the owner of the logo including but not limited to its variants (IPR) as well as the platform name “Pyng” and shall not directly or indirectly, attack or assist another in attacking the validity of, or Pyng’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. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at brand- protection@swiggy.in with all relevant information.

You may print one copy, and may download extracts, of any page(s) from the Pyng Platform for your personal reference and other material available on the Pyng Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the Pyng Platform for commercial purposes without obtaining a license to do so from us or our licensors.

If you print, copy or download any part of the Pyng Platform in breach of these Terms of Use, your right to use the Pyng Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

16. THIRD PARTY CONTENT

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You acknowledge that when you access a link that leaves the Pyng Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Pyng Platform, although we are under no obligation to do so.

17. TREATMENT OF YOUR INFORMATION BY US

We process information provided by you to us in accordance with our Privacy Policy, available here

18. SEVERABILITY

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

19. ASSIGNMENT

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person. Company's rights under the Terms of Use are freely transferable by Company to any third parties without the requirement of seeking your consent.

20. GOVERNING LAW

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Pyng Platform or our Services, shall be subject to the jurisdiction of the courts at Bangalore, India.

21. GRIEVANCE REDRESSAL

Please contact us at customercare@pyng.co.in for any questions or comments on abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Pyng Platform.

If you have any concern about the Terms of Use or grievances about the Pyng Platform or our Services, please address them to our grievance officer/nodal officer at:
Address: Swiggy Limited

Reg Office: No.55, Sy No.8-14, I & J Block, Embassy Tech Village, Outer Ring Road, Devarabisanahalli, Bengaluru - 560103

Phone number: 080-45664749

E-mail: customercare@pyng.co.in
We shall endeavour to resolve your grievances within 15 (fifteen) days from the date of receipt of such grievance.

22. COMMUNICATIONS

You agree and grant permission to Pyng to send you promotional SMS and e-mails from Pyng or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to customercare@pyng.co.in.

23. WAIVER

Any failure by Company to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Company of that provision or right.