Hello Dear Shopper
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.
For 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.
Your hereby undertake to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software. 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.
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. 15. Copyright
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 firstname.lastname@example.org
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/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN
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. 20. Termination
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 email@example.com
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
26. Cancellation and Replacement Policy
- 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
29. Delivery/Shipping policy
- 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.
30. Governing Law and Jurisdiction
- 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.