Terms of Use - Zwitto

1. Terms of Use

1.1 The website at www.zwitto.com ("Website") and the mobile application 'Zwitto' ("App") collectively are owned, operated and maintained by Spyfoxx Technologies Private Limited, a private limited company incorporated under the Companies Act, 2013, having its registered office at Bhatti Road, Bathinda, Punjab, India - 151001 ("Zwitto", "We", "Us" or "Our"). "You", "Your" or "User" is any user of the Platform.

1.2 Your use of the Platform is regulated by these terms of use ("Terms"). We appreciate your trust in us and maintain appropriate security standards for your information and transactions.

1.3 Prior to the use of the Platform, kindly read through the terms. If you do not agree with the terms, we request that you uninstall the app and avoid the use of the Platform. Through your use or access to the Platform, you establish a legally binding contract between you and Zwitto and you agree to be bound by these terms along with the policies of Zwitto, such as the Privacy Notice and the cancellation and refund policies, as posted and amended from time to time.

1.4 Zwitto reserves the right to modify or amend these terms at any time. The "Last updated" legend above will indicate the time when the Terms have been last modified, and the current version of the Terms can always be accessed via the Platform.

2. Access to Services

2.1 Two distinct channels are used on the Platform: (a) Zwitto-stores (Dark Stores of Zwitto, Section 3), from which Zwitto supplies quality products directly; and (b) independent Sellers – local companies, shops, and stores – that are not controlled by Zwitto concerning their products, quality, and conduct.

2.2 The Platform licenses You to access and use the Platform to buy consumer goods including grocery, apparel, electronics, health and wellness, café products comprising prepared food and beverage ("Café orders"), pet care and other like items ("Products").

Services related to the Platform, handling, and last-mile delivery, including midnight delivery, are offered along with the purchase of Products and are chargeable separately. Carry bags are optional and chargeable separately in case of purchase thereof.

2.3 No reselling or commercial use of the Platform or its contents is allowed. Sellers reserve the right to edit, add or remove Products and services at their will.

2.4 The ranking of Products and services occurs naturally without promotion unless done via advertising. Ranking may be based on popularity metrics such as impressions, user preferences, relevancy and adding products to cart.

2.5 In respect of independent Sellers, Zwitto functions solely as an online marketplace and facilitator.

2.6 Users who are registered businesses represent and undertake that they have full legal authority to purchase Products and/or services on behalf of the business and that the documents and information provided are genuine and complete.

2.7 The Platform operates a hybrid fulfilment model through Zwitto Dark Stores and local businesses associated with the Platform.

2.8 The Platform provides delivery and pickup options, including fast delivery if available. Users can send presents and shop holiday specials and may receive deals, offers, new products and rewards.

3. Zwitto Dark Stores

3.1 Zwitto and/or any of its affiliates may manage their own fulfilment centers and micro-warehouses ("Zwitto Dark Stores") from which certain Products can be stocked, picked, packed and dispatched directly to the User.

3.2 Zwitto or its affiliate is the record seller for each order or sub-order fulfilled from a Zwitto Dark Store.

3.3 Products sold in Zwitto Dark Stores will be kept in suitable storage conditions, including temperature-controlled storage when necessary, and will undergo periodic tests regarding quality and expiration dates.

3.4 Returns and refunds for Zwitto Dark Store orders shall be governed by Section 14 and dealt with directly by Zwitto.

3.5 Depending on location and time of day, Products and stock may vary. If a product is out of stock, Zwitto may, subject to the User's agreement at checkout, cancel and refund the product or provide an equivalent substitution.

4. Local and Trusted Businesses — Find Local, Buy Local

4.1 Zwitto is dedicated to supporting local and small businesses. The Platform enables Users to identify, contact and make purchases from local stores, family-owned shops, entrepreneurs and independent suppliers.

4.2 Features may allow Users to search for local businesses, view catalogues, offers and store information and place orders from specific stores.

4.3 Zwitto may designate stores as "Trusted", "Verified" or similar based on criteria including onboarding completion, required licences and registrations, delivery performance and ratings.

Such designation is a measure of performance at a particular point in time and does not constitute a warranty, assurance or endorsement.

4.4 Users may opt, where available, to receive orders from a Zwitto Dark Store or local partner store.

4.5 Local businesses must complete the Zwitto onboarding process, execute a separate seller agreement and maintain required licences, registrations and permits.

4.6 Zwitto may launch "Be Local, Buy Local" or similar campaigns. Participation by stores and Users is optional.

5. Eligibility to Use

5.1 Products and Services are not available to minors, insolvent individuals who have not been discharged from insolvency, individuals lacking contractual competence under the Indian Contract Act, 1872, or individuals suspended or disqualified from using the Platform.

If you are below 18 years old, you can use the Platform only with the express approval and supervision of a parent or guardian.

5.2 You will not discriminate against delivery service providers based on race, religion, caste, creed, nationality, disability, sexual orientation, gender, marital status, gender identity, age or any other discriminatory metric.

5.3 You shall not make negative, defamatory, misleading, deceptive or libellous remarks about Zwitto or its brand, or take actions that could harm Zwitto's reputation or dilute its trademarks.

6. User Account, Password and Security

6.1 In order to use the services, You will have to register and create an account and provide necessary information ("Account"). This may include name, email, age, photo, address, mobile phone number and relevant documents, demographic information and activity on the Platform.

6.2 The information provided is Your responsibility. You must ensure that the information in the Account is complete, accurate and up to date.

6.3 Confidentiality of Your Account data is Your responsibility.

7. Payment Related Information

7.1 Accepted payment methods will be displayed during the purchasing procedure.

7.2 Zwitto may use third-party providers and payment processors to manage payments and payment card details, subject to applicable law and the Privacy Policy.

7.3 You agree to supply accurate Payment Details and represent that you have the legal right to use the relevant payment account.

7.4 Except where required by law, Zwitto shall not be liable for payments authorised using Your Payment Details or unsuccessful processing caused by circumstances outside Zwitto's reasonable control.

7.5 Zwitto has no responsibility to provide refunds for unapproved transactions conducted through the Platform using Your Payment Details.

7.6 Zwitto Gift Cards may only be used for redemption at payment in connection with eligible Products or services.

7.7 The payment facility is an electronic and automated payment facility and does not constitute a banking or financial service.

7.8 Title to Products ordered through the Platform passes to You upon payment of the relevant amount and meeting other requirements for the order.

8. Price of Products and Services

8.1 Prices of Products and Services are fixed solely by the Sellers and may differ. Prices should be checked on the Platform before placing an order.

Products are generally available in Indian Rupees at MRP with applicable taxes included or at a discount unless stated otherwise.

8.2 Any applicable charges, fees or costs, including delivery costs, will be listed at checkout.

8.3 Statements such as "Lowest Prices" relate to calculations involving average prices of Products and services offered through the Platform compared with other players in the quick-commerce grocery business sector.

8.4 Vouchers such as "Free Cash" are intended for immediate use during the session or within the stipulated period.

9. Delivery Fees, ETA and Other Charges

9.1 Delivery fees include delivery charges associated with purchasing Products through the Platform. Delivery times and estimated times of arrival may fluctuate because of availability, demand, traffic, weather, acts of God and other unpredictable circumstances.

9.2 Additional fees may include rain fees, peak-hour or surge fees, late-night delivery fees, handling fees, convenience fees, platform fees or small-cart fees. These will be shown before checkout.

9.3 Products will be delivered to the address provided by You. It is Your responsibility to provide a correct and accurate address.

9.4 Products are generally delivered when an individual is available to receive the order. For unattended delivery, You waive the right to hold Zwitto accountable for damage or loss that may occur during unattended delivery.

9.5 Cash-on-delivery orders may be cancelled where payment of the full amount is refused or unavailable.

9.6 Age-restricted Products, where available and legally permitted, may require identification and age proof.

9.7 Pharmaceutical Products and telemedicine, where offered, are provided through third-party pharmacies and qualified third-party medical practitioners. Zwitto operates solely as a marketplace and does not provide medical advice.

10. Pickup (Click and Collect)

10.1 Where available, You may choose to collect Your order from a Zwitto Dark Store or participating partner store instead of delivery.

10.2 Pickup orders should be collected during the specified collection window and may require order confirmation, OTP or other authentication.

10.3 Unclaimed orders may be considered cancelled. Perishable products may be discarded for safety purposes.

10.4 Risk in Products passes to You upon handover at the store. You are encouraged to inspect Products at collection.

11. Gifting and Festival Orders

11.1 The Platform allows You to place orders for delivery to recipients other than Yourself, including gifts, flowers, cakes, chocolates and greeting items.

11.2 You are responsible for providing accurate recipient details and confirming that You have obtained the recipient's consent to provide their details.

11.3 Gift Orders are subject to recipient availability and accurate delivery information.

11.4 Festival specials, seasonal collections and curated hampers may have limited quantities, cut-off times and specific delivery times.

11.5 Cake and flower gifts and other perishable gifts are generally non-refundable except where damage, spoilage or incorrect delivery occurs in accordance with Section 14.

12. Offers, Deals, Promotions and Rewards

12.1 The Platform may display deals, discounts, combo offers, member pricing, seasonal sales and newly launched Products. Offers are subject to availability and applicable terms.

12.2 Coupons and promotional codes are subject to validity periods, usage limits, minimum order values, exclusions and other conditions.

12.3 Zwitto may operate reward, cashback or loyalty programs, including Zwitto Coins.

12.4 Referral rewards are subject to the referral terms displayed on the Platform.

12.5 Unless expressly stated otherwise, offers cannot be clubbed.

13. Suggestions, Ideas and Personalisation

13.1 The Platform may show suggestions, ideas, lists, gift ideas, frequently bought together hints, trending Products and personalised content.

Such elements are suggestions only and are not recommendations, endorsements, professional advice or representations of suitability.

13.2 The decision to purchase any suggested Product is entirely Yours. You should examine Product details, Seller information, ratings, reviews and applicable labels.

13.3 Where personalisation or promotional settings are provided, You may change them in the App.

14. Returns, Cancellations and Refunds

14.1 Returns: Products may be returned where the wrong Product is delivered or where the delivered Product is severely damaged or deteriorated in quality at delivery.

Required evidence, including images of the Products, may be requested. Products must generally be sealed, unopened, unused and in their original form when a return request is submitted.

14.2 Cancellation: Orders may be cancelled by Zwitto or the Seller for reasons including shortages, unavailability, delivery issues, force majeure, service unavailability, fraud or non-conformance with these Terms.

14.3 Refund: Eligible refunds are processed within seven (7) business days from confirmation of returned Products and related documentation.

Refunds for prepaid orders are transferred to the source account subject to financial institution or payment gateway processing times.

Refunds for cash-on-delivery orders are transferred to the User's Zwitto account in the form of a Zwitto Gift Card, subject to applicable terms.

15. User Care

15.1 Zwitto shall not be responsible for Products or Services provided by Sellers, quality issues relating to Sellers, third-party delivery problems, unavailability of Products or erroneous orders made by Sellers.

15.2 Information about Products and catalogues, including pricing, is furnished by Sellers.

15.3 Zwitto is not a party to the business transaction between Users and Sellers and does not control Products or Services purchased from Sellers.

15.4 The identity, ownership or creditworthiness of a Seller is not guaranteed or endorsed by Zwitto.

15.5 Product images displayed on the Platform are illustrative. Users should check physical product labels for relevant information before use.

15.6 Zwitto reserves the right to refuse transactions from Users with questionable transaction histories or where fraud, policy breaches or other concerns are identified.

15.7 For assistance with a Zwitto order or refund-related issue, use the "Get Help" section in the App.

15.8 Users should exercise caution and verify websites, portals, payment links and calls claiming to represent Zwitto.

Fraud warning: Do not share your Debit/Credit Card number, CVV, OTP, UPI/ATM PIN or other confidential details with anyone claiming to be a Zwitto representative.

16. Use of Platform

16.1 Subject to compliance with these Terms, Zwitto provides You with a personal, non-exclusive, non-transferable, limited and revocable licence to access and use the Platform.

16.2 Neither the Platform nor any part thereof shall be reproduced, duplicated, copied, sold, resold or commercially exploited.

16.3 You shall not frame or employ framing to enclose trademarks, logos or proprietary data of the Platform.

16.4 You shall not access the Platform through unauthorised means, including deep-links, robots, spiders or automatic devices.

16.5 You shall not upload, publish, transmit, store or share unlawful, defamatory, obscene, infringing, misleading, harmful or otherwise prohibited material.

16.6 You are responsible for maintaining the computer equipment and Internet connection necessary to access the Platform.

16.7 Platform content may be offensive or objectionable to some Users. Use of the Platform is at Your own risk.

17. Intellectual Property Rights

17.1 The Platform and its processes, selection and arrangement, including text, videos, images, interfaces, sounds, music, artwork and computer code, are owned by or licensed to Zwitto and protected by applicable intellectual property laws.

17.2 Trademarks, logos and service marks used on the Platform are licensed property of Zwitto or third-party owners. Access to the Platform does not grant rights to use such Marks.

17.3 Zwitto disclaims any right, title or interest in intellectual property pertaining to or generated by Products and Services sold by Sellers.

17.4 References to third-party names, marks, services or Products are for convenience and do not constitute endorsement.

17.5 Links to third-party websites are provided for informational purposes only.

17.6 Infringement reports may be sent to contact@zwitto.com .

18. Disclaimer of Warranties and Liability

18.1 To the extent legally permissible, the Platform and Content are provided "as is" without warranties of any kind, express, implied or statutory.

Zwitto does not warrant that the Platform will meet Your needs or be uninterrupted, timely, secure or error-free.

Zwitto is not responsible for losses arising from unauthorised use of Your Account.

Zwitto is under no obligation to intervene in disputes between Users and Sellers.

18.2 The Platform is intended for use in the Republic of India. Users accessing it from outside India do so at their own risk and are responsible for compliance with local laws.

18.3 These Terms shall not be considered promotional or soliciting activity in jurisdictions where such activity is prohibited.

18.4 Sellers may cancel orders where prices displayed by the Platform are incorrect because of technical, typing or information errors.

18.5 Zwitto does not accept liability for violations of applicable law by Sellers, delivery service providers or payment gateway providers.

18.6 Third-party services may be available on the Platform. Zwitto makes no warranties regarding such services.

19. Indemnification and Limitation of Liability

19.1 You agree to indemnify, defend and hold harmless Zwitto, its Sellers, service providers, officers, directors, consultants, agents, representatives, employees and third-party partners from claims, liabilities, damages, losses and expenses arising from Your breach of these Terms, misuse of the Platform, misrepresentation of information, violation of applicable law or infringement of third-party rights.

19.2 To the maximum extent permitted by law, Zwitto and the relevant parties shall not be liable for special, incidental, indirect, consequential or punitive damages arising from Your use of the Platform.

The total maximum liability of Zwitto, its Sellers and service providers shall not exceed the total payment made by You for the Product and/or Services in the specific order.

19.3 Such limitation applies to the greatest extent permitted by applicable law.

20. Violation of these Terms

20.1 Any breach of these Terms shall be considered irreparable damage to Zwitto for which monetary damages may be inadequate. Zwitto may seek injunctive or equitable relief and any other remedy available at law or equity.

21. Suspension and Termination

21.1 These Terms remain in force until terminated by You or Zwitto. If You do not agree with the Terms or are dissatisfied with the Platform, You may deactivate Your Account and/or cease use of the Platform.

21.2 Zwitto may suspend, deactivate or terminate access or Accounts where it believes You have breached the Terms or Privacy Notice or acted unethically.

21.3 Termination does not release You from obligations relating to Products or Services paid for or liabilities incurred before termination.

21.4 You remain responsible for fees or charges relating to Services up to the termination date.

22. Governing Law and Jurisdiction

22.1 These Terms shall be construed and governed by the laws of India, without recourse to conflict-of-law rules.

Any dispute in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Bathinda, Punjab, India.

23. Grievance Redressal Mechanism

23.1 For order-related disputes, You may first contact Zwitto through Chat Support in the App. You may also contact:

Grievance cum Nodal Officer: Darshan Bhogal

Designation: CEO

Address: Spyfoxx Technologies Private Limited, Bhatti Road, Bathinda, Punjab, India – 151001

Phone: +61499325825

Email: contact@zwitto.com

Time: Mon – Sat (9:00 – 18:00)

The grievance details are provided in compliance with the Information Technology Act, 2000 and rules made thereunder, and the Consumer Protection (E-Commerce) Rules, 2020, as amended from time to time.

23.2 The Grievance Officer shall endeavour to acknowledge a grievance within forty-eight (48) hours and address it at the earliest, and in any case not later than thirty (30) days from receipt.

24. Notice of Infringement and Take Down Policy

24.1 Zwitto's Takedown Policy enables intellectual property holders to report and request removal of listings that violate intellectual property rights.

24.2 To report a listing believed to violate intellectual property rights, send an email to contact@zwitto.com with information about the work or trademark, contact details, a good-faith statement and supporting information.

24.3 Upon receipt and verification of a proper notice, Zwitto may remove or disable access to the alleged violating content, notify the Seller and take additional actions permitted under applicable legislation.

25. Communications

25.1 By agreeing to these Terms, You acknowledge and agree to communications through SMS, phone calls, VOIP calls, messaging applications such as WhatsApp and electronic communications including emails.

Communications between You and Zwitto or its agents, employees, consultants, contractors and representatives may be monitored and recorded.

25.2 You may unsubscribe or opt out of promotional communications. Administrative and transactional communications may continue.

26. General Provisions

26.1 Notification: Notices from Zwitto may be sent to Your registered email, registered mobile number or through the Platform.

26.2 Transfer of Rights: You may not assign or transfer rights under this agreement. Zwitto may transfer its rights and responsibilities to a successor, affiliate or third party without Your consent.

26.3 Severability: If any provision is found unenforceable, it shall be enforced to the maximum extent permitted and the remaining provisions shall remain effective.

26.4 Force Majeure: Zwitto, Sellers and service providers shall not be liable for non-performance or delays caused by circumstances beyond reasonable control, including natural disasters, war, strikes, pandemics, governmental restrictions or system failures.

27. Advertisements

27.1 Zwitto may enable third-party advertisers to post advertisements on the Platform. Such advertisements are not necessarily reviewed or approved by Zwitto.

27.2 Advertisers must comply with Zwitto policies, contractual obligations and applicable advertising laws and guidelines.

27.3 Users may contact Zwitto regarding inappropriate or unlawful advertising content.

27.4 Charitable campaign information may be provided through third-party sites. Users should independently verify details before taking action.

28. Severability

28.1 If any provision of these Terms is deemed invalid, void or unenforceable, that provision will be severed from the remaining provisions, which will continue in full force and effect.

29. Amendments

29.1 Zwitto may revise or update these Terms from time to time by posting changes or additions to the Platform.

Any revision or modification will take effect when posted. Users should periodically review the Terms for updates.

30. Entire Agreement

30.1 This Agreement, including the Privacy Notice and all other policies introduced from time to time by Zwitto, constitutes the complete agreement between You and Zwitto and establishes the Terms under which You will have access to and use the Services and Platform.

Annexure A

Zwitto Review Program — Terms and Conditions

These Terms and Conditions apply to the Program offered through the Zwitto App owned and operated by Spyfoxx Technologies Private Limited.

A1. Description of the Program

A1.1 The Program enables Users to provide truthful, sincere and product-oriented reviews of Products purchased through the Platform, allowing Users to communicate genuine experiences to the Platform's community.

A2. Eligible Users and Products

A2.1 Requirement of purchase: Any User who has purchased a Product on the Platform is eligible to leave a review for the respective Product.

A2.2 Voluntary participation: Participation is completely optional and Users will have access to the Platform irrespective of participation.

A3. Time Period to Provide the Reviews

A3.1 A User shall leave a review for a purchased Product within 30 days after the delivery date.

A4. Standards for High Quality Reviews

A4.1 Helpful reviews should:

Be based on real-life and personal experience.
Focus on the purchased Product.
Discuss relevant features such as quality, efficacy, durability, performance, composition or value for money.
Use language understandable to the average reader.
Be new and not previously submitted.
Not contain prohibited material.

A4.2 Reviews that do not meet these standards include those that focus on unrelated matters, lack relevant Product information or contain prohibited material.

A5. Prohibited Material

A5.1 Reviews containing abusive, defamatory, hateful, threatening, sexually explicit or otherwise illegal material, or material prohibited under Section 16 or the Privacy Notice, are considered non-conforming.

A6. Moderation Process and Right to Remove

A6.1 Every review goes through moderation for compliance with the applicable standards.

A6.2 Zwitto will not alter User-submitted reviews but reserves the right to decline, reject or delete reviews that violate law, the Terms of Use or Privacy Policy.

A7. Zwitto Coins Incentive

A7.1 Zwitto may, at its sole discretion, provide Zwitto Coins for genuine and honest reviews of selected Products during specified periods.

A7.2 Zwitto Coins may be credited when the promotion is active, the review has passed moderation and the return or exchange period for the Product has expired.

A7.3 Zwitto Coins will not be credited where the User's account is suspended, banned or blacklisted at the time of credit.

A7.4 Coins earned under this promotion expire within 30 days of crediting.

A8. Modification and Withdrawal of the Program

A8.1 Zwitto retains the right to modify, amend, cancel or withdraw the Program in whole or in part without prior notice.

A9. Limitation of Liability

A9.1 To the maximum extent permitted by law, Zwitto and its subsidiaries, officers, employees and agents will not be liable for indirect, incidental, special, consequential or punitive damages arising from participation in the Program.

Zwitto's liability for any claim relating to the Program is capped at INR 500 (Rupees Five Hundred).

A10. Governing Law, Compliance and Support

A10.1 These terms are subject to the laws of India and shall be exclusively adjudicated in the Courts at Bathinda, Punjab, India.

Users shall comply with applicable laws and regulations, including the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Consumer Protection (E-Commerce) Rules, 2020 and other relevant laws.

For queries relating to the Program, contact: contact@zwitto.com