Thank you for using SWAN!
We are committed to providing you the best online shopping and delivery experience possible, while protecting your privacy and confidentiality according to the terms below.
SWAN Inc. – Dubai Branch, a branch office of a foreign company, established in Dubai, United Arab Emirates under license number 869077, and having its registered address at 1501, Marina Plaza Tower, Dubai Marina, Dubai United Arab Emirates (“Swan”). The software (“Software”) is owned by Swan
Please note that we take part of the European General Data Protection Regulation of April 27, 2016 (Regulation (EU) 2016/679) (GDPR) which is available on https://eur-lex.europa.eu/homepage.html
What Do We Collect
There are three basic categories of information we collect:
1. Information you share with us
When you use the Software, we collect the information that you choose to share with us. For example, our Software requires you to download the Software, create an account, and log in with a password. To make it easier for others to find you, we may also ask you to provide us with some additional information that will be publicly visible on the Software. All information you send through our Software is information saved with us as well. When you contact our customer support team, in any way, we will collect whatever information you share.
All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented, or leased to any third parties.
2. Information from use of the Software
Information about your use of the Software such as:
- Usage Information: Information about your activity through the Software.
- Device Information: information from and about the devices on which you use the Software.
- Device Phonebook.
- Camera and Photos: images and other information from your device’s camera and photos.
- Location Information: information about your location. With your permission, we may also collect information about your precise location using methods that include GPS, wireless networks, cell towers, Wi-Fi access points, and other sensors, such as gyroscopes, accelerometers, and compasses.
- Information Collected by Cookies and Other Technologies: Some information about your activity, browser, and device, may be collected by cookies and other technologies such as web beacons, web storage, and unique advertising identifiers. We may also use these technologies to collect information when you interact with the Software, we offer through one of our partners. Most web browsers are set to accept cookies by default. If you prefer, you can usually remove or reject browser cookies through the settings on your browser or device. Keep in mind, though, that removing or rejecting cookies could affect the availability and functionality of our services on the Software.
- Log Information. We also collect log information when you use the Software. This information includes, among other things: error debugging information, user login/logout, usage duration, pronunciation audio, text, and scoring results.
3. Information we collect from third parties
We may collect information that other users of the Software, provide about you when they are using our Software.
Use of Information
We use the information to provide you with a better version of the Software that we continuously work on improving. Below are elaborated techniques we adopt in this course:
- develop, operate, improve, deliver, maintain, and protect the Software;
- monitor and analyze trends and usage;
- contextualize your experience and applying other labels based on the content;
- provide and improve ad targeting and measurement, including the use of your precise location information (where you grant us permission to collect that information), both on and off our Software;
- enhance the safety and security of the Software;
- verify your identity and prevent fraud or other unauthorized or illegal activity;
- use the information we collected from cookies and other technology to enhance the Software and your experience throughout the use of the Software;
- enforce our EULA and other usage policies.
How We Share Information
We may share information about you in the following ways:
- With third parties, we may share the following:
- 1.information about you, such as your username, name, and location;
- 2.information about how you have interacted with the Software;
- 3.any additional information you have directed us to share;
- 4.the content you post or send. Please note that how widely your content is shared depends on your personal settings and the type of service you are using.
- With our affiliates.
- With third parties, we may share your information with:
- 1.service providers who perform services on our behalf.
- 2.business partners that provide services and functionality.
- 3.third parties for legal reasons. We may share information about you if we believe that disclosing the information is needed to:
- comply with any valid legal process, governmental request, or applicable law, rule, or regulation.
- investigate, remedy, or enforce potential EULA violations.
- protect the rights, property, and safety of us, our users, or others.
- detect and resolve any fraud or security concerns.
- third parties as part of a merger or acquisition: If Swan gets involved in a merger, asset sale, financing, liquidation or bankruptcy, or acquisition of all or some portion of our business to another company, we may share your information with that company before and after the transaction closes.
We may also share with third parties, such as advertisers, aggregated, non-personally identifiable, or de-identified information.
Third-Party Content and Integrations
The Software may also contain third-party links and search results, third-party integrations, or offer a co-branded or third-party-branded service. You may be providing information (including personal information) directly to these said third parties, us, or both. You acknowledge and agree that we are not responsible for how those third parties collect or use your information.
Analytics and Advertising Services
1. Information you share with us
2. Information provided by us
How Long We Keep Your Information
We store the following information for as long as they are required for users’ log in:
- your basic account information, including your name, phone number, and email address.
- location information for different lengths of time-based on how precise it is and which services you use.
- Keep in mind that, while our systems are designed to carry out our deletion practices upon deletion of accounts, we cannot promise that deletion will occur within a specific timeframe. There may be legal requirements to store your data and we may need to suspend those deletion practices if we receive a valid legal process asking us to preserve content or if we receive reports of abuse or other Terms of Service violations. Finally, we may also retain certain information in backup for a limited period of time or as required by law.
Control over Your Information
We want you to be in control of your information, so we provide you with the following tools:
- Download data: you can access and edit most of your basic account information right on the Software. Because your privacy is important to us, we may ask you to verify your identity or provide additional information before we grant you access or update your personal information. We may also reject your request to access or update your personal information for several reasons, including, the request risks the privacy of other users or if the request if unlawful.
- Revoking permissions: if you grant us authorization to use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers this option. By doing that, services on the Software will lose full functionality.
- Deletion of the Software.
Users in the European Union
If you are a user of the Software in the European Union, you should know that Swan is the controller of your personal information. Here is some additional information we would like to bring to your attention:
- Basis for using your information
We can only use your personal information when certain conditions apply:
- Contract: one reason we might use your information is because you have entered into an agreement with us. When you use our Software and accepted our EULA, we need to use some of your information to collect payment and make sure your information is valid.
- Legitimate interest: another reason we might use your information is because we have, or a third party has, a legitimate interest in doing so. We also use some information about show interesting advertisements. An important point to understand about legitimate interest is that our interests do not outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data does not significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
- Consent: in some cases, we will ask for consent to use your information for specific purposes. If we do, we will make sure you can revoke your consent on the Software or through your device permissions. Even if we are not relying on consent to use your information, we may ask you for permission to access data like contacts and location.
- Legal obligation: we may be required to use your personal information for legal compliance.
2. Your right to object
You have the right to object to our use of your information. With many types of data, we provide you with the ability to simply delete it if you do not want us processing it anymore. For other types of data, we grant you the ability to stop the use of your data by disabling the feature altogether.
3. International transfers
We may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Whenever we share information of EU users outside the EU we make sure an adequate transfer mechanism is in place.
Complaints? If you are based in the EU, you can always file a complaint with the supervisory authority in your Member State.
The Software is not intended for anyone under the age of eighteen years, and that is why we do not knowingly collect personal information from anyone under the age of eighteen years. In addition, we may limit how we collect, use, and store some of the information of EU users between 13 and 16. In some cases, this means we will be unable to provide certain functionality to these users. If we need to rely on consent as a legal basis for processing your information and your country requires consent from a parent, we may require your parent’s consent before we collect and use that information.
- Fresh fruits & vegetables, cut fish and meat, frozen, chilled or cooked items, bakery, baby food and other perishable items cannot be returned or exchanged once delivered.
- Open package, seal broken, tampered, scratched or damaged items or partially used items cannot be returned or exchanged once delivered.
- In case of cash or card on delivery, refund will be made as Swan Credits to the customers Swan account.
- In case of online payments, refund will be made either as Swan Credits to the customers Swan account or transferred back to the customer’s card within 7 working days from which the payment was made.
- Refunds made as Swan Credits will reflect in the customers Swan account within 24 hours, however, refunds made to the customers card can take up to 30 days depending on the bank.
- Any cancellation done before midnight of the previous day of booking shall result in a full refund.
- Cancellations from midnight upto 2 hrs before the booking shall levy a cancellation charge of 5% on the booking amount.
- Cancellations from 2 hrs before the booking onwards shall levy a cancellation charge of 50%.
- In case of Online Payments, the cancellation fee shall be deducted and remaining balance shall be refunded to the user.
- In case of Payment at Point of Sale, cancellation fee shall be added to immediate next transaction executed by the user on Swan Platform.
- Users can reschedule confirmed bookings only upto 2 hrs before the scheduled date and time without incurring any extra charge.
- Any rescheduling between 2 hrs before the bookings till the time of booking shall levy a charge of 5% of the booking amount.
- Refunds will be done only through the original mode of payment. Please allow 45 days for the refund to be completed.
Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully if you want to know fine details of our services.
Terms of Services
Updated: 18 June 2020
This Terms of Services (hereinafter referred to as “Agreement” or “Terms”) is a legal agreement between you (either as an individual or on behalf of an entity) and SWAN Inc. – Dubai Branch, a branch office of a foreign company, established in Dubai, United Arab Emirates under license number 869077, and having its registered address at 1501, Marina Plaza Tower, Dubai Marina, Dubai United Arab Emirates (“Swan”), regarding your use of the software ‘Swan’ (“Software”). Swan is a digital shopping application which enables you to shop at participating supermarkets and book services at participating beauty and wellness centres, spas, and salons by connecting you with such retailer and outlets,, and offers a comprehensive solution including payment and delivery services.
1. IntroductionFor the proper and legal use of the Software, you must agree to all the terms set out in this Agreement.
This Software is provided “as-is” with no warranties, and you agree that Swan is not liable for any result and / or action and / or inaction arising out of or pursuant to the use of the Software and to any action related thereto as set out below.
You agree that by downloading, installing, and / or using the Software and by creating an account or similarly, registering, or accessing the Software, you are agreeing to enter into a legally binding agreement with Swan (even if you are using the Software on behalf of a company). If you do not agree to the terms of this Agreement, do not access or otherwise use the Software.
This Agreement entitles you to use the Software for any lawful purpose consistent with the terms contained in this Agreement and all applicable legislations and regulations. Your license to use the Software is expressly conditioned upon your agreement to all of the terms contained in the Agreement. Swan reserves all other rights not granted to any third party by this Agreement.
5. Operating system requirements
This Software requires an Android / iOS (only for iPhone and iPad) capable device with a minimum of 300mb of memory and the Android 5.0 or iOS 10 or above operating system.
The Software is not for use by anyone under the age of eighteen (18) years old. (“Minimum Age”).
To use the Software, you agree that: (i) you must be the Minimum Age or older; (ii) you will only have one account, which must be in your real name; (iii) you are not restricted by all applicable laws and regulations and / or Swan from using the Software; (iv) creating an account with false information is a violation of the terms stipulated in this Agreement; and (v) you comply and will comply with the terms contained in this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
If you are using the Software on behalf of a business or an entity, you hereby state that you are legally authorized to act on behalf of such business or entity.
7. Rights We Grant You
Swan grants you a personal, limited, worldwide, non-assignable, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Software. This license is for the sole purpose of using and enjoying the Software’s services and benefits in accordance with the terms of this Agreement.
Any software that we provide you may automatically download and install upgrades, updates, or other new features, whereby you may be able to adjust these automatic downloads through your device’s settings.
8. User Data
Swan does not claim any intellectual property rights over the user data including any data you upload to the Software. Your user data uploaded remains your property, but you grant Swan the right to use the data for the purposes of the Software and for data analytics. Swan will not re-distribute, publish or disclose publicly any uploaded user data unless required by law.
Swan has the right, in its sole discretion, to refuse or remove any user data that is uploaded on the Software.
When using the Software, you must use it in compliance with the terms contained in this Agreement and with the applicable laws.
You may not:
- sell, resell, rent, exchange, add, modify, temper, distribute, lease, sub-license, loan, provide, or otherwise make available, the Software in any form, in whole or in part to any person without the prior written consent of Swan;
- copy the Software, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;
- translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary for the purpose of using the Software on devices as permitted in this Agreement;
- disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do so.
10. Swan and Third Party Rights
You must respect Swan’s rights. This Agreement does not grant you any right to do any of the following (or enable any third party to do so): (i) use branding, logos, designs, photographs, videos, or any other material used in the Software; (ii) copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Software or the content on the Software except as set forth in this Agreement; and (iii) use the Software, any tools provided by the Software, or any content on the Software for any commercial purposes without Swan’s consent.
Swan respects the rights of others and you therefore may not use the Software, or enable any third party to use the Software, in a manner that (i) violates or infringes a third party’s rights of publicity, privacy, copyright, trademark, or any other intellectual-property right; (ii) bullies, harasses, or intimidates; (iii) defames; and (iv) spams or solicits other users.
11. Third-party Products and Content
You agree that Swan does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Software. You acknowledge that Swan does not own or provide any of the goods or services listed on the site. The actual contract for a sale is directly between you and the retailer. Swan is not a party to that contract or any other contract between you and the retailer. Information about a particular good or service is supplied by the retailer. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of goods, warranty of purchase and like. As such, we accept no obligations in connection to these contracts and are not responsible for, and do not warrant or make any representations regarding any goods or services listed on the site. However, if you have problems with your order or booking, we may step in to help (refer to paragraph 26). If you purchase, use, or cases any such products, content, services, advertisements, offers, or information through the Software, you agree that you do so at your own risk and that Swan will have no liability based on such purchase, use, or access.
12. Third Party Services
The Software shall enable you to arrange delivery services and/or delivery to purchase certain goods with third party providers of such services and goods (“Third Party Providers”). Unless otherwise agreed by Swan in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE SOFTWARE DOES NOT ESTABLISH SWAN AS A PROVIDER OF DELIVERY SERVICES.
13. Product/Services- f Information and Pricing
You agree Swan is not liable under any circumstances whatsoever for any error, misrepresentation, deviation, and / or misinformation relating to the specification and / or pricing of any product or services. You Acknowledge that the prices and availability of the products and services are subject to change without any prior notice.
14. Intellectual Property Rights
You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and Swan owns all right, title and interest in and to the Software and content, including without limitation all Intellectual Property Rights therein and thereto. This Agreement grants you no rights to use such content in any way. All rights not expressly granted are strictly reserved by Swan. For the purpose of this clause, “Intellectual Property Rights” shall mean any and all rights existing before and after your acceptance to the terms contained in this Agreement under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Swan does not take any responsibility for the infringement of a third party’s copyright by a user.
If you believe that anything on the Software infringes a copyright that you own or control, please file a notice by email to our customer service team at email@example.com
You agree to defend, indemnify and hold harmless Swan and its officers, directors, employees, agents, shareholders, affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software or from any breach by you of this Agreement, including without limitation any actual or alleged violation of any law, rule or regulation.
By using the Software, you agree that:
- You will not use the Software for any purpose that is illegal or prohibited as per the terms of this Agreement.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Software or extract other user’s information.
- You will not use or develop any third-party applications that interact with the Software or other users’ content or information without Swan’s written consent.
- You will not use the Software in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Software, or that could damage, disable, overburden, or impair the functioning of the Software.
- You will not use or attempt to use another user’s account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Software.
- You will not attempt to circumvent any content-filtering techniques Swan employs, nor will you attempt to access areas or features of the Software that you are not authorized to access.
- You will not probe, scan, or test the vulnerability of the Software or any system or network.
- You will not encourage or promote any activity that violates the terms contained in this Agreement.
All users in the European Union are subject to the European General Data Protection Regulation of April 27, 2016 (Regulation (EU) 2016/679) (GDPR) which is available on https://eur-lex.europa.eu/homepage.html
19. Disclaimer and Limitation of Liability
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Swan does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results or conversion that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.
YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SWAN SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE OFFERING. SWAN DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE OFFERINGS WILL BE ERROR FREE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWAN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES AND LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE AND / OR ANY DEATH OR INJURY ARISING FROM AND / OR PURSUANT TO THE USE OF THE SOFTWARE, including: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) the loss of any data belonging to the user or any other third party; or (vi) any other matter relating to the Software.
Swan reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Swan shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.
You agree to defend, indemnify, and hold Swan, its officers, directors, employees and agents, subsidiaries and affiliates, and each of their officers, directors, employees and agents, harmless from and against any loss, liability, claim, demand, damages, costs, expenses, death and injury arising out of or in any way connected with (i) your access to or use of the Software’s site, content, user content and processing of user data; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; (iv) the accuracy of the results and/or conversion resulting from the use of the Software; or (v) any claim that one of your user content caused damage to a third party.
Swan reserves the right to, at its sole discretion, limit your use of the Software and to restrict, suspend, or terminate your account if it believes that you may be in breach of this Agreement or applicable legislation or are misusing the Software in any way whatsoever.
Both you and Swan may terminate this Agreement at any time by deleting your account. On termination, you lose the right to access or use the Software and all of the data that you may have uploaded and / or inputted into the Software. All terms The following shall survive termination (i) our rights to use and disclose your feedback;
21. Support of Software and Feedback
If you wish to contact us regarding a suggestion, complaint or compliment regarding the Software and / or the products purchased and / or delivery, please email our customer service team at firstname.lastname@example.org
22. General Terms
- To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only.
- The failure of Swan to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
- Each of the paragraphs of this Agreement operates separately. If any court or any relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- his Agreement constitutes the entire agreement between you and Swan and governs your use of the Software, superseding any prior agreements between you and Swan (including, but not limited to, any prior versions of the Agreement).
23. Promotion Codes
- Promotion code expires on the date indicated in the Software or as indicated in the promotional offer and may expire prior to actual use of the promo code, without liability to Swan.
- A discount will be applied to the total purchase price with a qualifying minimum spend as described in the promotional offer.
- The promotion code must be used for the intended audience and purpose, and in a lawful manner. The promotion code cannot be used retrospectively for prior purchases. In order to take advantage of the promotion code, you must have a valid account on the Software with a valid form of accepted payment on the Software.
- Swan reserves the right to modify or cancel the promotion codes at any time. The promotion code may not be sold, copied, modified, or transferred. Swan is not a retailer or seller, therefore the promotion code does not constitute as an offer or offer for sale. The promotion code is non-binding in nature.
- A promotion code shall be deemed void where such promotion code is restricted or prohibited by law. The promotion code has no cash value.
24. Terms for Free Delivery for Purchase of Products
- Free standard delivery is only available on a minimum purchase order which is based on the distance between the delivery location and location of the retailer’s store from which the order has been placed. Delivery charges will not be refunded once an order is placed.
- If the products, from an order eligible for free delivery, are returned and the value of the products becomes less than the free delivery threshold based on the distance between the delivery location and location of the retailer’s store from which the order has been placed, the value of the returned products shall be refunded minus the cost of the delivery and packaging.
- Swan reserve the right to discontinue a free delivery promotion at any time without prior notice and/or to change the amount required for eligibility.
- Please also note that the free delivery threshold is determined by the order value after any promotional code has been deducted.
25. Retailer Promotion Codes
- The Software may from time to time list promotions of third-party retailers (the “Retailer Promotion Codes”).
- The Retailer Promotion Codes shall be governed by the terms and conditions of the third-party retailers.
- You agree that Swan does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third-party retailers and made available through the Software.
- If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Software, you agree that you do so at your own risk and that Swan will have no liability based on such purchase.
- Cancellations will be governed by the Cancellation and Refunds policy on our website.
- For our digital shopping application relating to purchase of products, refunds requests may generally be raised citing the following reasons: product received not as described in the Application i.e. wrong product, product received is of the wrong quantity, parcel damaged on arrival, and change of mind of the user. Refunds and / or replacement of products must be directed to Swan, and any such refund and / or replacement shall be treated in accordance with the terms and conditions of the retailer. The retailer will generally address the refund request raised by the User within 4 hours and issue a cash refund, or a credit note to the User, in accordance with the retailer’s Policy.
We accept payments online using Visa and MasterCard credit/debit cards in AED (or any other agreed currency).
28. Security Capabilities Policy for Transmission of Payments
- What information do we collect and how do we use it? When you place an order through this website, you need to know your name, email, phone number, address and credit card details, if paying by card card. This information allows us to process and fulfill your order successfully. It also helps us in maintaining your account.
- How does we protect customer information? When you place orders, we use a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the sensitive customer data we collect is protected by several layers of encryption and several layers of security to prevent unauthorized access.
- Payment options: All our payment options are safe and secure. All credit card payments are processed securely. Swan does not store any payment details or store credit card information on our servers.
- www.swan.shop will NOT deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of UAE and European Union.
- You may not use, export or re-export any materials from this App in violation of any applicable laws or regulations, including, but not limited to any UAE export laws and regulations.
- United Arab Emirates is our Country of Domicile. We control the Software and application from the U.A.E. We makes no representation that this Software is appropriate for use in other locations. If you use this Software from other locations you are responsible for ensuring compliance with local laws.
- Any purchase, dispute or claim arising out of or in connection with this website and Agreement shall be governed and construed in accordance with the laws of UAE.
- Any dispute, contest and claim related to this Agreement shall be subject to the exclusive jurisdiction of the courts of Dubai, United Arab Emirates.
- Preferences: to remember your settings and preferences
- Security: to help identify and prevent security risks.
- Performance: to collect information about how you interact with the software.
- Analytics: to help us improve our software.
- Advertising: to deliver relevant advertisements and to track the efficiency of our advertising campaigns on the software.
Your browser may provide you with the option to refuse some or all browser Cookies. You may also be able to remove Cookies from your browser.
Mobile Device Identifiers
Your mobile operating system may let you opt-out from having certain device identifiers used for interest-based advertising. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the settings function of your mobile device.
And of course, if your mobile device offers an uninstall process, you can always stop us from collecting information through the application by uninstalling the software.
1.1. These retailer standard terms and conditions shall be read in conjunction with the services agreement (“Services Agreement“) entered into between Swan (or the Service Provider) and the Retailer (collectively, the “Agreement“). Capitalised terms used in these terms and conditions but not defined therein shall have the meaning ascribed to it under the Services Agreement
1.2 Definitions: Unless the context otherwise requires, the capitalized terms used in this Agreement shall have the meaning ascribed to them hereunder:
API: an application programming interface that upon integration into the Application, will allow the master data of products, description, pricing, barcodes, promotions etc. to be transferred to the Service Provider for ensuring efficient and effective working of the Application with the Users.
Application: Service Provider’s proprietary application ‘Swan’ which is a digital shopping application which enables users to shop at participating supermarkets, and which essentially connects such users with supermarkets, and offers a comprehensive solution including payment and delivery services.
Commission: the fee payable by the Retailer to the Service Provider, which shall be a percentage (plus VAT) of the total Purchase Amount.
Convenience Fee: the fixed fee plus VAT that the Service provider charges in respect of providing the delivery service to the User for each purchase made through the Application.
Deliverables: all documents, products and materials developed by the Service Provider or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation computer programs, data, reports and specifications (including drafts).
Delivering Party: the Party responsible for delivering the Product as selected under clause 3 of the Services Agreement.
Delivery Attempts: the number of times the Delivering Party will attempt to deliver the Product to the User, as specified under clause 3 of the Services Agreement.
Delivery Coverage: the radius specified by the Delivering Party under clause 3 of the Services Agreement, for delivery of the Product to the User.
Delivery Fee: the fee, if any, charged by the Delivering Party to the User for delivering the Product.
Delivery Hours: the duration specified by the Delivering Party under clause 3 of the Services Agreement, during which the Delivering Party will deliver the Product to the User.
Delivery Time: the time taken by the Delivering Party to deliver the Product to the User.
Intellectual Property Rights: copyright, patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Minimum Order Value: the amount of AED 15 as specified under clause 3 of the Services Agreement, which is the minimum Purchase Amount of a Product that a User purchases on the Application to qualify for free delivery of the Product.
Online Transaction Fee: the fee payable by the Retailer to the Service Provider in respect of all purchases of products made using a debit or credit card on the online Application, expressed as a percentage on the Purchase Amount, which percentage is set out under clause 3 of the Services Agreement.
Picking Party: the Party responsible for picking the Product at the Retailer’s store in accordance with the order of the User, as selected under clause 3 of the Services Agreement.
Product: the products sold by the Retailer on the Application.
Promotions: the promotions / discounts offered to Users as set out under clause 13 of this Retailer Terms and Conditions
Purchase Amount: the total value of the Products purchased on the Application which shall be inclusive of 5% VAT.
Receivable: balance of payment due in favour of the Service Provider for the Services delivered, which payment is yet to be paid by the Retailer.
Retailer Materials: all materials, equipment and tools, drawings, specifications and data supplied by the Retailer to the Service Provider.
Services: the services, including without limitation any Deliverables, to be provided by the Service Provider pursuant to this Agreement.
Supplier Materials: all materials, equipment and tools, drawings, specifications and data supplied by the Service Provider to the Retailer.
Term shall have the meaning as ascribed to it under clause 3 of the Services Agreement.
User: The end users of the Application.
VAT: any value added tax in respect of transactions involving the sale or provision of goods and/or services and payable to any Governmental Authority in the United Arab Emirates in accordance with the VAT Law.
2. Supply of services
2.1 The Service Provider shall supply the Services to the Retailer from the Commencement Date setout under clause 3 of the Services Agreement. In consideration for the Services provided by the Service Provider, the Retailer shall pay the Service Provider the various fees, charges and Commission as set out under the Services Agreement.
3. Retailer’s obligations
3.1 The Retailer shall provide such necessary information and such necessary co-operation as the Service Provider may reasonably request, so as to facilitate the provision of the Services.
4.1 The Receivable shall be determined post-reconciliation of the statement of accounts provided by each Party at the end of each month.
4.2 The Parties undertake to share the statement of account in relation to the Agreement at the end of each month. The statement of accounts, shared by the Parties for reconciliation, shall be solely restricted to the scope and objective of the Agreement.
5.1 The Parties shall generate an invoice (the “Invoice”) to the other Party, post-reconciliation of the statement of accounts.
5.2 Unless otherwise provided in this Agreement, a Party shall pay each Invoice submitted to it by the other Party within seven (7) days of the date of Invoice.
6. Refund and Returns
6.1 The Retailer acknowledges that the User of the Application is enabled to raise a refund and / or return request. The refund request may be raised by the User, citing one of the reasons as listed in the Table below:
Table : Description of the reason for the return of Product
Item 1 : Product received not as described in the Application i.e. wrong product
Item 2 : Product received is of the wrong quantity
Item 3 : Parcel damaged on arrival
Item 4 : Change of mind of the User
6.2 The Retailer undertakes to address the refund request raised by the User within 4 hours and to issue a cash refund, or a credit note to the User, in accordance with the Retailer’s Policy.
6.3 For item 1 and 2 listed in the table above, the Picking Party shall be responsible and liable for ensuring the right product and right quantity is provided to the User. In the event of that the product is incorrect and/or of wrong quantity, the Picking Party shall replace or refund goods to the User in accordance with the Retailer’s policy.
6.4 For item 3 contained in the above table, and in the event that there is any damage and / or loss to the products being delivered whilst on route to the User’s location, the Delivering Party shall bear the cost of such damage and / or loss, and where possible, shall deliver new / replacement goods to the User at its own cost.
6.5 In respect of item 4 in the above table, the Retailer shall apply its refunds / returns policy.
6.6 For the avoidance of doubt, the payment made by the User and the refund made by the Retailer shall be subject of reconciliation in the statement of accounts shared by the Parties at the end of each month.
6.7 Depending upon the reason of the refund request, the Parties agree to interact with each other so as to facilitate a solution for the User.
7. IT Infrastructure and Integration
7.1 In the event the Service Provider is responsible for providing the IT Infrastructure under clause 3 of the Service Agreement, the Service Provider shall enable the pickers of the Retailer’s stores in implementing the Application with IT infrastructure for the sole purpose of operating the Application and verifying the orders made by the Users of the Application at the Retailer’s stores. In addition, the Service Provider shall provide the IT infrastructure as set out in clause 3 of the Service Agreement, which shall include and be limited to a 4G internet connection enabled Android device. One Android device shall be made available to each of the Retailer’s stores implementing the Application.
7.2 The Retailer undertakes to exercise a standard of care over all IT infrastructure that is provided by the Service Provider and in the event the IT infrastructure is damaged or lost, the cost of the IT infrastructure shall be settled by the Retailer based on the market cost of the IT infrastructure.
7.3 In the event that this Agreement is terminated and / or expires, the Retailer shall return all IT infrastructure to the Service Provider within 2 days of termination and / or expiry and shall return all such IT infrastructure in the same and working condition as originally received.
7.4 In the event the Retailer purchases the IT infrastructure, then the ownership and title in the IT infrastructure shall pass on to the Retailer and the Retailer will be under no obligation to hand over any IT infrastructure back to the Service Provider.
8. Staff Training
8.1 The Service Provider shall provide 4 hours of training to the Retailer’s staff operating the Application in relation to operating procedures of the Application such as know-how of user procedures of the Application, the procedure of verifying orders, and procedure of delivering digital ordering experience.
9.1 The Service Provider shall provide support to the staff of the Retailer who operates the Application, as and when needed. Depending upon the nature of support needed, the Service Provider shall provide the support, remotely or through an on-site visit.
10.1 The Service Provider shall endeavour to share an automated monthly sales report with the Retailer, for the Retailer to reconcile inventories of the Retailer’s stores.
11.1 The Service Provider shall endeavour to make available the Application’s retailer analytics dashboard to the designated staff of the Retailer, for review, with the following:
- Daily, weekly, monthly order
- Order payments settled till date and outstanding payments
- Various other customized metrics
12. Products and Pricing Updates
12.1 The Retailer shall ensure that the product prices reflecting in the Application and the product prices in the physical stores are identical. The Retailer shall ensure to share on daily basis with the Service Provider in a form and in a manner that is acceptable to the Service Provider, a product price list along with any promotions. The Retailer shall notify the Service Provider in advance and not less than 3 hours prior to any change in the product pricing and any promotion at the Retailer’s stores implementing the Application.
12.2 In the event the Retailer is responsible for providing an API integration under clause 3 of the Services Agreement, the Retailer shall provide an API integration that will allow the master data of products, description, pricing, barcodes, promotions etc. to be transferred to the Service Provider for ensuring efficient and effective working of the platform with the Users. The APIs shall operate as per the Retailer’s standard operating procedure of updating product stock and pricing every 1 to 3 hours. In case of delays, the Retailer shall inform the Service Provider of such delays and provide alternative methods to keep stock and pricing updated.
12.3 In case the APIs are nonfunctional, the Retailer shall be responsible for providing the updated master data through alternative modes such as daily comma separated value files.
12.4 In the event the Retailer does not provide an API integration as set out under clause 3 of the Services Agreement, the Service Provider shall update the product prices and promotions upon receiving the product price list along with any promotions from the Retailer. The Retailer understands and acknowledges that the Service Provider requires at least 3 hours to update the product price and promotions in the Application, and that in the event that the Retailer provides the price list less than 3 hours from the time of any price change, that the Service Provider may not be able to update the Application timeously, and that the Retailer indemnifies the Service Provider for any loss / damages / claims that may arise from such circumstances.
12.5 The Retailer acknowledges and undertakes that the Service Provider shall not be liable for any claim and / or losses and / or damages arising out of any price difference of a product as reflected in the Application in the event the price difference is caused by the Retailer.
13.1 The Retailer and the Service Provider have agreed to three categories of discounts / promotions that may apply to the Users:
- Discount on prices of products which discount will be paid by the Service Provider;
- Discount on prices of products which discount shall be shared equally by the Parties in mutually agreed proportions; and
- Discount on prices of products which discount will be paid by the Retailer.
The Service Provider shall, as deemed feasible, endeavour to:
14.1 undertake marketing activities to promote the Retailer’s stores.
14.2 personalize the promotions to cater to the Users’ requirements.
15. Title to Deliverables and Supplier Materials
15.1 Title to any Deliverables that are goods or in any physical media on which Deliverables are stored and title to any goods or materials transferred to the Retailer as part of the Services shall not pass to the Retailer and shall always remain the property of the Service Provider.
16. Intellectual property
16.1 All Intellectual Property of the respective Parties will remain unaffected as result of this Agreement or pursuant to it.
16.2 The Parties hereby grant to each other a revocable, non-transferable, limited and non-exclusive license to use their respective Intellectual Property solely for the purposes and execution of the provisions contained in this Agreement, and the Retailer agrees that the Service Provider may terminate such license at any time and without prior notice.
17. Term and Termination
17.1 The Agreement shall commence on the Commencement Date and shall continue until the expiry of the Term, unless terminated earlier in accordance with the terms contained hereunder. The Parties agree that the Term of this Agreement may be extended / renewed for such further period and on such terms and conditions as may be mutually decided between the Parties.
17.2 This Agreement is terminable, without any cause, by either Party upon providing a one (1) month’s prior written notice. Provided that, in the event of termination of this Agreement by the Retailer prior to the expiry of the Term of this Agreement, the Retailer shall pay the Service Provider all the fees under this clause 3 that were waived off, i.e., the Catalog maintenance, Customer Service and Tech Support Fee (item xii of this clause 3), One-time Onboarding fee – Store and Catalog setup (item xiii of this clause 3), One-time Catalog photoshoot fee, if needed (item xiv of this clause 3), as well as the cost of all devices provided and total monthly cost of connectivity for all sim cards provided (item x of this clause 3).
17.3 The Parties agree that termination of this Agreement does not release either Party from making all payments due under this Agreement that arose during the Term of this Agreement, and the Parties undertake to make all such payments due to each Party within seven (7) days of termination of this Agreement.
17.4 In the event that this Agreement is terminated and / or expires, the Retailer shall return all IT infrastructure to the Service Provider within two (2) days of termination and / or expiry and shall return all such IT infrastructure in the same and working condition as originally received, unless the ownership and title in the IT infrastructure has passed on to the Retailer in accordance with clause 7.4 of this Retailer Standard Terms and Conditions.
18. Warranties and Undertaking
18.1 The Retailer undertakes to provide proper and adequate packaging in accordance with the best commercial practice, to ensure that the products being delivered to the Users will be free of damage. The packaging must be adequate to allow for, exposure to extreme temperatures, precipitation and / or some rough handling during transit.
18.2 The Retailer warrants that the products supplied to the Service Provider shall be new, merchantable, of agreed quality and description, in working order, fit for their intended purpose and free from contaminants, defects in materials, workmanship and design and shall be usable and durable for a reasonable period of time and / or as expected by the User of the Application.
19.1 The Retailer indemnifies and absolves the Service Provider from any claims, damages, losses and any other liability (whether jointly or individually) arising from any cause whatsoever or based on any ground of liability (including liability without fault) to the extent that such liability is attributable, whether wholly or in part, to any defect or deficiency in any of the products supplied by the Retailer or is due to the Retailer’s failure to comply strictly with the provisions of this Agreement and / or applicable laws. This indemnity shall specifically apply in respect of any claims arising from unsafe, defective, contaminated, hazardous or deficient products brought against the Service Provider.
(a) Each Party undertakes that it shall not at any time during this Agreement, and for a period of two (2) years after termination of this Agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other Party, except as permitted by clause 20(b)
(b) Each Party may disclose the other Party’s confidential information:
- to its employees, officers, representatives, subcontractors, advisers, suppliers or brand distributors who need to know such information for the purposes of carrying out the Party’s obligations under this Agreement. Each Party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other Party’s confidential information comply with this clause 20; and
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
During the Term of the Agreement and for a period of twelve (12) months following the completion and / or termination date of the Agreement, the Retailer shall not, directly or indirectly, whether on their own account or jointly or as employee, agent, consultant, partner, associate or otherwise solicit or endeavour to entice away (or attempt to do so) from the Service Provider any person who was employed or engaged by the Service Provider or any of its group companies to terminate its employment, agency, contract or consultancy with the Service Provider or any of its group companies or to become the employee of the Retailer or any person or entity which is a competitor of the Service Provider
22.1 The Retailer acknowledges and agrees that all Users introduced to the Retailer via the Application represent significant efforts and working relationships that are unique to, and part of, the work product and intellectual capital of the Service Provider. Therefore, the Retailer hereby irrevocably agrees not to (i) solicit or conduct business, directly or indirectly, with any User introduced by the Service Provider to the Retailer via the Application, and (ii) circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of this Agreement, to avoid payment of fees due to the Service Provider in connection with transactions or orders placed via the Application by any User connected to the Retailer by the Service Provider.
22.2 In the event of breach of this clause, the Retailer shall be liable to pay the Service Provider a sum of AED 25,000. The Parties agree that quantifying losses arising from breach of this clause is inherently difficult insofar as breach may impact the Service Provider’s competitive advantage, and further agree that the agreed upon sum is not a penalty, but rather a reasonable measure of damages, based upon the parties’ experience in the industry and given the nature of the losses that may result from the breach.
23. Governing law and jurisdiction
The governing law of this Agreement shall be the laws of the emirate of Dubai and the federal laws of the United Arab Emirates. Any disputes arising out of the interpretation or execution of this Agreement shall be referred exclusively to Dubai Courts.