Contract for information and technological interaction when making settlements using the SWIPAPP PVT LTD service

This document is an offer by SWIPAPP PRIVATE LIMITED, (hereinafter - SWiP) to enter into a contract (hereinafter - the Agreement) on the terms and conditions set forth in this text. This document is not a public offer, regardless of how it is published and posted. The addressees of this offer, who are invited to accept it, shall be determined in accordance with the terms set forth in Section 3 of the Agreement.  .

Terms used in the Contract :

• Seller - a legal entity or individual entrepreneur who has accepted SWiP's offer to enter into a contract.
• Parties (Parties for this Agreement) : Seller and SWiP.
• Buyer - An actual person who purchases goods (services) from the Seller and is a consumer.
• Bank-Acquirer (Bank) - a credit institution operating with which the Seller has concluded a contract for settlement services, according to which the Bank undertakes to provide the Seller with acquiring services of bank cards and other electronic means of payment.
• International Payment System (IPS) means an international payment system In this Agreement:
• Visa International
• MasterCard Worldwide
• Others
• IPU Regulations - norms, rules and requirements determined and established by the IPU, in accordance with which the Bank processes Transactions under the Agreement, including Chargeback transactions.
• Cash register terminal (Terminal) shall mean the cash register equipment used by the Seller that meets the requirements set forth in this Agreement. The term "Terminal" corresponds to a unit of cash register equipment.
• Cash register equipment shall mean the cash register equipment used by the Seller, which includes software enabling the use of the SWiP Service when using the Terminal for settlements with the Buyers.
• User device - the user terminal used by the Buyer, on which the SWiP application, which provides the ability to use the SWiP Service, is installed.
• SWiP Service - a service (a set of software and hardware tools used to process information), which provides the ability to pay for the Seller's goods and services, provided by SWiP on the basis of an agreement between SWiP and the Buyer. All rights to the SWiP Service belong to the SWIPAPP PVT LTD.
• SWiP Information System - a software system developed by SWiP and used for receiving and transmitting messages and information under this Agreement.
• Personal account - personal information resource (account) of the Seller provided by SWiP, which is used by the Seller for the purposes of organizing loyalty programs and participation in such programs and in the manner prescribed in this Agreement.
• The SWiP website (the Site) is a collection of computer programs and other information contained in the information system operated by SWiP, access to which is provided via the information and telecommunications network "Internet", the Site is located at the following network address on the Internet: swip.app.
• Internet - the Internet computer network.
• Identifier is a unique code assigned by SWiP to the Seller at the conclusion of the Contract.
• System - a set of communication channels and software enabling the Seller, on the basis of the Acquiring Agreement concluded between the Seller and the Bank, to initiate requests to the Bank for Authorization or execution of Transactions when paying for goods and services by Buyers using bank cards and other electronic means of payment, as well as receive information about Authorization and Transactions.
• Authorization - the procedure for SWiP to request and subsequently receive consent from the Bank for the Buyer's Transaction using electronic means of payment through the SWiP Service. The said consent contains a unique code (Authorization Code) identifying each specific Payment Transaction.
• Transaction code - a unique Transaction code formed by SWiP according to the established algorithm that identifies each Buyer's payment transaction.
• Transactions - transactions made using the Buyer's electronic means of payment through the SWiP Service:
• Payment Transaction is a payment transaction to pay for goods and services of the Merchant using the SWiP Service.
• Refund option is a payment option to return to the Buyer the funds paid by him in payment for goods and services purchased from the Seller using the SWiP Service.
• Cancellation of Payment Transaction means cancellation of the previously made Payment Transaction initiated by one of the Parties due to an error or technical failure in its execution.
• Cancellation of refund operation - cancellation of previously made refund operation initiated by the Merchant.
• Chargeback transaction - a financial transaction formed by the Bank-Issuer, upon the application/claim of the Buyer - cardholder about the disagreement with the previously made payment transaction, and sent to the Bank in the format and manner prescribed by the IPU.
• Loyalty Programs - programs provided to the Buyer with the participation of SWIP, implying provision of discounts to the Buyer on goods and services of the Seller, accumulation of bonuses, or return of part of the funds paid by the Buyer to the Seller to the Buyer's account. The procedure and conditions of the Loyalty Programs are set forth in Appendix No. 1 to the Agreement.
• Inappropriate transactions - Transactions recognized by the Bank/the Issuing Bank/the IPU as transactions that do not comply with this Agreement, banking rules, the IPU Rules; the Transactions contested by the Cardholders. Will be treated as Inappropriate transactions and are Fraudulent transactions and Invalid transactions in nature.

 

Subject matter of the Agreement.

2.1 In accordance with the Agreement:

2.1.1. SWiP provides the Seller with information and technological interaction services between the Seller and the Bank when making settlements of the Buyers with the Sellers when purchasing goods and services on a cashless basis using electronic means of payment provided for by, among other things, clause 9.1.2 of the Agreement.

2.1.2. the Seller instructs SWiP to perform the following actions on behalf of the Seller:

1) Authorization request;

2) initiation of Transactions performed using the SWiP service;

3) sending information to the Bank about Transactions using the SWiP service;

4) receiving information from the Bank on the results of the Transactions;

5) transfer to the Seller and the Buyer information on the results of the Transactions.

The actions specified in this paragraph are performed automatically using the System.

Transfer of funds to Sellers and Buyers shall be performed by the Bank on the basis of the Acquiring Agreement.

2.2 The obligations of the Sellers and the Buyers, for the performance of which the Buyer makes payment for goods and services in favour of the Seller, arise on the grounds established by law or by the agreement between them. The relations, from which payment obligations arise, are not the subject of this Agreement and do not give rise to any obligations for SWiP, except for the obligations expressly provided for in this Agreement.

2.3 The obligations under the Acquiring Agreement shall be performed by the Merchant and the Bank independently. SWiP shall not be a party to the Acquiring Agreement and shall not assume any obligations under the said agreement. All issues and disagreements related to the performance of the Acquiring Agreement shall be resolved by the parties to the said agreement - the Seller and the Bank - independently.

 

3. The procedure for concluding a contract.

3.1 In order to fulfill obligations under this Agreement, the Seller shall enter into the Internet-Acquiring Agreement with the Bank, under which the Bank shall provide to the Seller Internet-acquiring services of bank cards and other means of payment when the Buyers purchase goods and services from the Seller using electronic means of payment.

3.2 The terms of this document shall be deemed an offer to conclude a Contract sent to the Seller from the moment SWiP issues an invoice for payment on a paper document or by e-mail.

3.3 This Agreement shall be deemed to have been concluded from the date of receipt of the invoice from the Seller to SWiP's current account.

3.4 When registering the Seller in the app user area (personal user account), the Seller is assigned an Identifier.

 

4. Procedure for granting access to the System

4.1 On the basis of the Acquiring Agreement concluded with the Bank and effective at the time of conclusion of this Agreement, the Seller shall provide SWiP with access to the System ensuring the performance of the actions provided for in clause 2.1.2. of the Agreement. The Seller shall ensure the use of the System exclusively for carrying out transactions with the use of the SWiP Service. No other Transactions shall be carried out using the System without using the SWiP System. SWiP shall not be liable for any transactions made by the Seller or the Buyers through the System if the Seller has improperly fulfilled the obligations under this clause.

4.2 The system shall provide the ability to perform all actions specified in clause 2.1.2. of the Agreement during the entire term of the Agreement.

4.3 The Seller undertakes to provide the necessary technical support for that part of the System, which is under its control and management. The Seller agrees to immediately inform SWiP about all cases of technical failures and malfunctions of the System, and to take immediate measures to eliminate malfunctions and defects in the System.

4.4 Any information provided by the Parties to each other under the Internet-Acquiring Agreement shall be considered confidential and shall not be disclosed without the written consent of the other Party.

4.5 The Parties undertake to limit the dissemination of information related to the execution of the Agreement only to the persons directly related to it.

 

5. Information and technological interaction

As part of the information technology interaction services:

5.1 Seller:

5.1.1. Provides SWiP access to the System and operation of the System during the entire term of the Agreement;

5.1.2 Provides Internet connection at the location of each Terminal, the place of service (sale of goods);

5.1.3. provides receiving information from SWiP about the Bank's Authorization of the Payment Transaction or refusal to Authorize the Transaction, as well as receiving information from SWiP on other Transactions;

5.1.4. prints a cashier's check when SWiP receives information about approval of a payment transaction;

5.1.5. sells goods (services) only after receiving information from SWiP about the approval (Authorization) of the Payment Transaction;

5.1.6 Ensures the transfer of information by the Terminal to the Buyer's User device about the approval of the Transaction of payment for goods (services) before the moment of printing the cash voucher;

5.1.7. transmits SWiP information to initiate Return Transactions, Payment Cancellation Transactions, and Return Cancellation Transactions;

5.1.8 The requirements of this Agreement regarding the use of cash register equipment (terminals) for printing a cash voucher do not apply to cases stipulated.

5.2. SWiP:

5.2.1 Using the System, ensures the transfer of information on Transactions from the Merchant to the Bank;

5.2.2 Using the System, initiates Authorization before the Bank, as well as the execution of Transactions in accordance with the information received from the Merchant;

5.2.3 Provides, using the System, transfer of information about Authorization of the Buyer's payment transaction by the Bank or refusal of approval (Authorization) of the Buyer's payment transaction to the Seller (at the Seller's terminal), as well as transfer of information about other transactions;

5.2.4. Provides records of Transactions performed using the SWiP service;

5.2.5. Provides the Seller with access to the Personal Office by providing the login and password;

5.2.6. provide other information and messages (information) to the Seller and the Bank in accordance with this Agreement.

 5.3. Agreement on the level of technical support service provided. Tasks are divided into "levels", which are responsible for speed of response and connection of corresponding specialists.

5.3.1 FIRST LEVEL: round-the-clock support by the Telegram bot and acceptance of requests for questions by specialists on a daily basis.

5.3.2 SECOND LEVEL: Consultation with specialists on the situation every day from 10:00 to 19:00. Mon-Fri answers within 15 minutes, Sat-Sat answer up to 45 minutes.

5.3.3. THIRD LEVEL: Problem solving, troubleshooting from Mon-Fri from 10:00 to 19:00, solving one to three days depending on the nature of the problem.

5.4 Marketing and Business Operations Service Level Agreement. Tasks are subdivided into "tiers" that are responsible for the speed of response and connection of the appropriate specialists.

5.4.1. FIRST LEVEL: applications are accepted for review by a specialist from Mon-Fri from 10:00 to 19:00. On weekends accepts applications for consideration telegram bot around the clock

5.4.2 SECOND LEVEL: Consultation on launched campaigns from Mon-Fri from 10:00 to 19:00. Answer from 15 minutes to 2 hours depending on the nature of the question.

5.4.3. THIRD LEVEL: Suggestions for marketing campaigns. One to three days' response time, depending on the complexity of the question.

5.5 The time of commissioning works at the cash desk from Mon-Fri from 10:00 to 19:00.

 

6. Procedure for exchange of information on Payment Transactions

6.1 The basis for payment Transactions with the use of electronic means of payment and SWiP service by the Buyer and seller of goods (services) payable by the Seller to the Buyer shall be the following conditions:

6.1.1 Use by the Buyer of the User's device on which the SWiP software (application) is installed;

6.1.2 Request from the Buyer to SWiP to form the Transaction Code;

6.1.3 Forming the SWiP Operation Code;

6.1.4. Request from SWiP to the Merchant for information about the Transaction;

6.1.5. SWiP receives information about the Transaction from the Merchant (confirmation of the Transaction in cases stipulated by clauses 6.2.3. and 6.2.5.)

6.1.6. Formation of SWiP and sending to the Bank a request for authorization of the payment transaction with the operation code;

6.1.7. SWiP sends a request for Authorization to the Bank;

6.1.8 Providing the Seller and the Buyer with information about the Authorization of the Payment Transaction by the Bank (indicating the Authorization code) or about the refusal of the Bank to Authorize such Transaction;

6.2 The transaction code can be generated and transmitted by SWiP in one of the following ways, among others:

6.2.1. By scanning a two-dimensional bar code or QR code by the Seller (Seller's terminal) from the Buyer's User device. In this case, the Seller shall have a reader of a standard (quality) not less than 2D;

6.2.2. By reading by the Buyer, using his User Device, the QR-code generated by the Seller's Terminal;

6.2.3. By reading by the Buyer with the use of his User device the QR-code, formed by the Seller using the Terminal and printed on the receipt, bill or other document containing the list and cost of paid goods (services);

6.2.4. By reading by the Buyer, using his User device, the QR code placed by the Seller at the place of payment (at the cash register) or at the place of service provision;

6.3 The Merchant acknowledges and agrees that the information on the approval of the Payment Transaction (Authorisation of the Payment Transaction) with the Authorisation Code, or on the refusal to approve the Payment Transaction, as well as other information on Transactions is transferred by SWiP to the Merchant using the System, with such information being generated and provided by the Bank. In this regard, SWiP assumes no obligation to verify the accuracy of the information received from the Bank and shall not be liable in case the information and data provided by the Bank proves to be inaccurate, or in case of any possible deliberate actions or errors on the part of the Bank.

In this case, in case of unreliable data (information) received from the Bank, the Seller undertakes to settle the relevant disputes directly with the Bank on the basis of the Acquiring Agreement concluded between them.

6.4 Seller on the basis of the information received in accordance with clause 6.1.8:

- Sells goods (services) - in case of receiving information from SWiP about the Bank's approval (Authorization) of the Payment Transaction;

- Refuses to sell goods (services) in cashless form using the SWiP Service - in case of receiving information from SWiP about the Bank's refusal to approve (Authorize) the Payment Transaction, as well as in case of not receiving information from SWiP about the Bank's approval (Authorize) the Payment Transaction within the duration of one communication session between SWiP and the Merchant.

6.5 If the Seller sells goods (services) before receiving the information from SWiP provided in clause 6.1.8, as well as if the Seller sells goods (services) upon receiving information from SWiP about the Bank's refusal to approve (Authorize) the Payment Transaction, the Seller shall be responsible for the execution of goods (services) sales transactions independently, with SWiP not being responsible to the Seller for payment for the relevant goods (services).

 

Electronic document management

7.1 All notices, notifications, applications and other documents provided for in the Agreement shall be sent by the Parties electronically by email, using the SWiP address specified in Section 15 of the Agreement, and the Seller's email address, which is received in response to a request from SWiP. Upon SWiP's request, such information or documents sent by the Seller via email shall be provided in writing on paper. In the latter case, the Seller shall provide the requested information and documents to SWiP in person or by registered mail to the address specified in Section 15 of this Agreement.

7.2 When using Online Office, the Seller shall:  

- use Online Office in person (Online Office may be used by a person duly authorized by the Seller to use Online Office or by a SWIP employee on the instructions, including verbal instructions, of the Seller to perform certain actions in Online Office);

- keep secret the credentials used by the Seller in the use of Online Office;

- not disclose Online Office credentials to third parties not authorized by the Seller to use an app user area (a personal user account);

- In the event of unauthorized access to the Online Office by the Seller or disclosure of sensitive data used in the use of the Online Office, the Seller shall immediately inform SWiP of this circumstance. SWiP shall verify the data received from the Seller and block the Online Office within 12 hours of receiving the relevant information from the Seller.   

7.3 The documents submitted by the Parties via email, using the SWiP address specified in Section 15 of the Agreement, and the Seller's e-mail address received in response to a request from SWiP, shall be equal to the documents drawn up on paper.

 

7.4 All electronic messages sent from the e-mail address of the Seller, which is received in response to a request from SWiP, shall be deemed to come from an authorised person of the Seller. If the information and documents provided for in this Agreement are sent to the e-mail address of the Seller, such information and messages shall be deemed delivered to the Seller when the e-mail is processed by SWiP's server.   

7.5 The sending by SWiP of messages and documents to the Seller's e-mail addresses, which are received in response to a request from SWiP, shall be deemed proper notification to the Seller of legally significant actions and events, except where the obligation to notify the other Party in writing on paper is expressly provided by this Agreement or by law.

7.6. A Party has the right to change the e-mail addresses specified in Section 15 of the Agreement and the Seller's e-mail address, which was received in response to a request from SWiP, by notifying the other Party not later than two (2) business days prior to the date of the change. 

 

8. Rights and obligations of the parties

8.1 Seller shall:

8.1.1. comply with the terms and conditions set forth in this Agreement;

8.1.2 Use cash register equipment that meets the requirements of the law and the terms of this Agreement (subject to clause 5.1.9 of the Agreement);

8.1.3. to sell goods or services on a cashless basis under the terms of this Agreement only if SWiP receives a notice of the Bank's approval (Authorization) of the Payment Transaction in the manner provided for in this Agreement. At the same time, the Seller has no right to impose any additional requirements on the Buyer using the SWiP Service or to sell goods at a price higher than the price set by the Seller;

8.1.4. provide access to the Internet at the location of all Terminals used under the Agreement);

8.1.5. ensure transmission and reception of messages from SWiP provided in clause 6.1. hereof;

8.1.6 Ensure the operability of the Terminals and the ability to receive information from the Buyers' User Devices;

8.1.7 Comply with the requirements of the Indian legislation on the protection of consumer rights. Timely perform actions aimed at satisfaction of Buyers' claims for exchange (replacement) of goods, refunds for goods (services) returned (not accepted) by Buyers. At the same time, the Seller guarantees that SWiP is not a person authorized by the Seller to accept and satisfy the Buyers' claims for goods or services of improper quality;

8.1.8. to pay SWiP the agreed upon remuneration in accordance with the Agreement;

8.1.9 Recognize the Buyers' obligations to pay for goods (services) fulfilled at the moment of debiting the Buyer's account;

8.1.10. not to charge any additional remuneration from the Buyers and not to impose any additional obligations (including financial obligations) on the Buyers in connection with the performance of Transactions by them under the terms and conditions provided for in this Agreement and in connection with non-cash payment for goods (services), as well as in connection with the use of the SWiP Service;

8.1.11. send information to SWiP about the cancellation of the Payment Transaction and (or) the return of funds in the manner prescribed by the Agreement;

8.1.12. Independently resolve disputes with the Buyers related to the sale of goods, works and services by the Seller under this Agreement;

8.1.13. In case of claims against SWiP related to improper performance of obligations under the Agreement for the sale of goods (rendering of improper services), including claims and restrictions provided by clauses 8.1.17. and 8.1.18. of the Agreement, and other claims related to improper performance of obligations by the Seller, the Seller shall

- provide all documents necessary for the resolution of the dispute no later than five business days following the day on which the relevant documents were requested;

- to appear (if necessary) on the side of SWiP before an administrative agency or court;

8.1.14. If in accordance with the Indian legislation and (or) the Acquiring Agreement mandatory identification of the individual payer is stipulated, perform identification of the payer in the manner prescribed by the Indian legislation and (or) the Acquiring Agreement.

8.1.15. notify SWiP in writing of any circumstances and events that may affect the performance of obligations under the Agreement, including changes in its name, location, actual address, bank details;

8.1.16. not to sell goods (services) prohibited for sale in accordance with the Indian legislation. Not to sell goods which are prohibited for sale in a remote way;

8.1.17. when selling goods (rendering services) in respect of which age, time and other restrictions or special requirements to their sale are established by the Indian legislation (alcoholic products, tobacco products, etc.), to comply with these requirements and restrictions and be responsible for non-compliance with these restrictions and requirements. SWiP is not responsible for the sale of such goods by the Seller without compliance with the requirements or restrictions; 

8.1.18. Provide, at SWiP's request, within seven (7) working days after receiving a request from SWiP, information on Transactions allowing to establish the fact of sale of goods or provision of services;

8.1.19. promptly provide SWiP with information about all changes related to the payment details of the Seller, as well as about changes in other documents and other information about the Seller, previously provided to SWiP or required under the Agreement, by sending an official information letter;

8.1.20. Keep confidentiality with respect to the information about the Bank, SWiP, Buyers (bank card holders) and Transactions, which have become known to the Seller as a result of the execution of the Agreement;

8.1.21. store documents confirming the transfer of goods (services) to Buyers, Buyers' applications for refunds, as well as other documents confirming and justifying the fact of the Transaction within 2 (two) years from the date of such Transaction and send them electronically to SWiP at the request of SWiP respectively in the manner and within the time frame set forth in the Agreement. If the documents specified in this clause are requested in hard copy, the Seller shall send such documents in hard copy within 7 (seven) working days;

8.1.22. The Seller acknowledges that SWiP relies on the reliability of the warranties and representations provided pursuant to this Agreement and that such warranties and representations are material to SWiP's decision to enter into the Agreement with the Seller, and SWiP relies on such warranties and representations;

8.1.23. Not to perform improper and illegal operations and not to allow third parties (including employees of the Seller) to perform improper operations;

8.1.24. Fulfill assumed obligations related to the Seller's participation in the programs and events implemented by SWiP in accordance with Section 12 of this Agreement, including the terms of the Loyalty Programs, in case the Seller participates in them;

8.1.25. When making settlements under this Agreement, the Seller is not entitled to split the cost of one good (service) with two or more Authorization Payment Transactions, or accept alternative payment for part of the cost of one good (service) by other means of payment.

8.1.26. The Seller undertakes to notify SWiP of the software update of the Cash register terminal, as well as any other unit of control and cash register equipment of the Seller integrated with the SWIP Service, not later than two (2) weeks before the date of such update.

8.1.27. The Seller undertakes to pay the costs of delivery of marketing materials from SWiP.

 

 8.1.28. The Seller is obliged to place the marketing materials sent by SWiP according to the requirements which are indicated on the SWiP Welcome Pack or in any other format, providing a report in the form of photos of the placed (glued) materials in the establishment connected to the SWiP Service.

 If the SWiP fails to do so, the SWiP has the right not to start the project.

8.2 SWiP shall:

8.2.1. Execute the terms of this Agreement;

8.2.2 Ensure the transfer of information on Transactions in the manner prescribed by the Agreement;

8.2.3. maintain confidentiality regarding the information about the Bank, the Buyers (bank card holders), the Seller and the Transactions, which have become known to SWiP as a result of the execution of the Agreement;

8.2.4. provide the Seller with access to an app user area (a personal user account) throughout the term of this Agreement;

8.2.5. provide support for the SWiP Service during the term of this Agreement, provide service support to the Seller and the Buyer when they use the SWiP Service.

8.2.6. independently resolve with Buyers and other third party disputes, claims received by the Seller on issues related to the operation of the service.

8.2.7.

8.3 Seller has the right:

8.3.1 To Receive information from SWiP about the Bank's approval of Payment Transactions, about other Transactions, as well as information and data stipulated by this Agreement;

8.3.2. terminate this Agreement unilaterally out of court by giving SWiP at least 30 business days' prior notice.

Place advertising materials on the main page of the SWiP mobile application upon agreement with SWiP. The terms of placement shall be agreed upon by the Parties separately.

 

8.4. SWiP is entitled:

8.4.1 To Receive from the Seller the remuneration provided by this Agreement;

8.4.2. To terminate this Agreement unilaterally out of court in case of breach of obligations by the Seller under this Agreement by notifying the Seller in the manner prescribed by clause 7.1 of the Agreement, five (5) working days prior to the date of termination of the Agreement;

8.4.3. to terminate this Agreement unilaterally extrajudicially during the term of this Agreement by notifying the Seller in the manner prescribed in clause 7.1 of the Agreement, fifteen (15) working days prior to the date of termination of the Agreement;

8.4.4 Suspend the provision of services to the Seller under this Agreement in case the Seller violates any condition of this Agreement. Suspension of rendering services to the Merchant shall mean, in particular, limitation of functionality of the Merchant's Personal Office with regard to all actions, except for exchange of information messages, as well as suspension of receiving information from the Merchants on initiation of Transactions and providing information to the Merchant on processing of information on Transactions by the Bank;

8.4.5. APlace on its official website and in its mobile application for Buyers information about the Seller trademark of the Seller or third parties, other means of individualization of the Seller (third parties), provided as such by the Client, on its website www.swip.app.

8.4.6. in case of technical failures on the side of the Acquiring Bank SWiP shall have the right to switch the payment gateway to a substitute one without warning to the Merchant, retaining the current rate of Internet acquiring of the Merchant. The parties understand that reimbursements at the time of technical failures will be made to the Seller's current account on behalf of SWIPAPP PVT LTD. This measure will be temporary until the moment of resumption of technical operability of the Bank-Acquirer of the Seller.

8.5 At the conclusion of the Agreement, each of the Parties certifies and warrants:

8.5.1 The Agreement is entered into by a duly authorised person;

8.5.2. the Party (if necessary) has obtained all necessary consents (approvals), permits required by corporate documents or legislation to enter into the Agreement;

8.5.3 All necessary licences and permits (where required by law) are available;

8.5.4 Each Party shall operate in accordance with the Indian laws
8.5.5 Seller carries out import, use, sale of goods (provision of services) containing means of individualization of third parties (right holders) with the permission of the right holders. The said consent extends to including: import, sale (provision of services) in the territory of India in any lawful way and in accordance with the permission of the right holder;

 

9. SWiP Remuneration

9.1 For providing access to the SWiP’s QR Service, the Seller shall pay SWiP a fee, which includes:

9.2. Monthly payment in the amount of $65  (Sixty five) Dollars, for one point of sale / provision of services of the Seller on the invoice received from SWiP towards the Seller;

 

For the purposes of this paragraph, the point of sale / service of the Seller shall mean a territorially separate place of sale of goods and/or services of the Seller (coffee shop, restaurant, store, etc.).

For the purposes of this paragraph, the "SWiP ONE BOX QR" tariff

• Smart return, customer retention campaigns based on artificial intelligence;
• Contactless payment SWiP by QR code;
• Merchant's loyalty autocounting for contactless SWiP payments in one action with payment;
• Issue the Seller's own digital loyalty cards to an unlimited number of Buyers;
• Analytical CRM with the ability to configure and manage loyalty programs, including the mechanics provided by the interface.
• A separate page for each point of sale / service of the Seller in the mobile application SWiP. On the page, within the agreed format, the Seller places: the company logo, description, geolocated address, phone number, opening hours, current promotions available when paying using the SWiP Service, an offer to issue a loyalty card or the loyalty card itself in a digital form;
• Final moderation of the information posted by the Seller on the Seller's point of sale/service page in the SWiP mobile app.

 

9.3 Payment of the remuneration stipulated in Section 9. Remuneration to SWiP under the Agreement shall be paid by the Seller on the basis of invoices issued by SWiP. The Seller undertakes to pay the remuneration to SWiP within seven (7) days from the date of the invoice. The Seller's obligations to pay remuneration shall be deemed fulfilled as of the date of receipt of monetary funds to the current account of SWiP.

9.4 If the Seller fails to pay the invoice within 14 (Fourteen) days of its issue, SWiP shall be entitled to suspend access to the SWiP Service.

9.5. SWiP is entitled to provide a marketing discount for the connection of the SWiP Service to the Seller, as agreed with the Seller, the amount of which shall be fixed in the invoices issued by SWiP to the Seller, in accordance with the terms of clause 9.2. of the Agreement.

9.6. Upon payment of the first invoice, SWiP provides the Seller with 7 free days to connect to the SWiP service, after which the paid period of use of the SWiP service begins, regardless of delays in the launch of the project due to the fault of the Seller. 

9.7 No refund of the previously paid remuneration is provided in case of termination of the Contract.

 

 

10. Settlement Obligations

10.1 Procedure for Transfer of Funds to the Seller on Buyer's Payment Transactions:

10.1.1. the Bank shall transfer to the Seller the funds received from the Buyers in payment for the Seller's goods (services) (funds under Payment Transactions) on the basis of the Acquiring Agreement. SWiP is not a party to the said Acquiring Agreement and shall not be liable for non-performance (improper performance) by the Bank of its obligations to transfer the funds in favor of the Seller.

10.2 The procedure for the implementation of the Buyer's Money Back Transactions:

10.2.1 Refunds to Buyers shall be made in cases stipulated by the legislation on the protection of consumer rights, as well as at the discretion of the Seller;

10.2.2 Refunds of money previously paid in cashless form using the SWiP service shall be made by the Seller solely using the SWiP service in the manner prescribed in this section;

10.2.3 If it is necessary to carry out a Return Transaction, the Seller shall inform the Buyer about the need to use the SWiP application. The Merchant sends SWiP a message about the Refund Transaction via the SWiP Service. SWiP, using the System, initiates a Refund Transaction to the Bank. The Merchant may carry out a Refund Transaction only after receiving information from SWiP about the Bank's approval of the Refund Transaction.

11. 11.

11.1 For non-fulfillment or improper fulfillment of the obligations under this Agreement, the Parties shall be liable in accordance with this Agreement and the current Indian legislation.
11.2. SWiP shall be entitled to suspend the provision of services to such Seller and to terminate the Agreement in accordance with the procedure set forth in this Agreement for violation of the obligations set forth in this Agreement.

11.3. The Parties shall not be liable for suspension of obligations related to performance of scheduled works. Scheduled work means routine (preventive) work on hardware and software complexes, during which the Parties do not perform the obligations provided by Sections 5 - 7 and 10 of this Agreement.

The party performing the scheduled work shall notify the other party of the scheduled work, specifying the date and duration of the scheduled work, at least one (1) business day prior to the scheduled work. The time of scheduled work may not exceed four (4) hours at a time.

SWiP is also not responsible for the suspension of obligations that are associated with the Bank's scheduled works.

Suspensions under this paragraph must be documented.   

11.4 The Parties shall be released from liability for failure to perform or improper performance of their obligations under the Agreement if their performance was impossible due to force majeure, i.e. extraordinary and unavoidable circumstances under the given conditions, which arose after the conclusion of the Agreement. Such circumstances include, but are not limited to, natural disasters, martial law or state of emergency on the Indian territory or in certain areas thereof, strikes, adoption by governmental authorities and/or local authorities of laws and regulations and other acts which make it impossible for the Parties to perform their obligations under the Agreement.

11.5 If any of the circumstances specified in clause 11.4. of the Agreement has directly affected the failure to perform the obligation within the period specified in the Agreement, then this period is postponed proportionally by the time of the relevant circumstance and necessary to eliminate its consequences.

11.6. The Party, for which it has become impossible to perform its obligations due to the circumstances specified in clause 11.4. of the Agreement, shall notify the other Party thereof in writing no later than 3 (three) business days from the date of their occurrence and termination. The notice shall contain data on the nature of the circumstances and, if possible, an assessment of their impact on the Party's ability to perform its obligations under the Agreement.

11.7. If the circumstance preventing the Parties from performing their obligations specified in clause 11.4. of the Agreement lasts more than 3 (three) months, each of the Parties may unilaterally withdraw from the Agreement by giving prior written notice to the other Party, provided that all mutual settlements for previously assumed obligations are completed. The said notice shall be sent by courier or by mail (with return receipt requested) no later than ten (10) calendar days prior to the expected date of termination of the Agreement.

11.8. SWiP shall not be liable for any defects in the provided Services caused by the actions (inaction) of the Merchant or the providers whose services it uses.

11.9. SWiP shall be liable to Seller in the amount of documented actual damage caused by its service to Seller. 

11.10. SWiP shall not be liable for failure to perform or improper performance of its obligations to perform payment transactions and provide preferences to the Buyer if the Buyer cannot be identified as a user of the SWiP Service when making payment using the SWiP Service, if the Buyer is not identified due to improper actions of the Buyer, unavailability of the network connection (Internet), malfunction of the servers used, failure of the cash register equipment of the Seller

11.11. In the event of failure of the SWIP Service due to incompatibility of SWiP software versions and the software of the Seller's cash register equipment in connection with a violation of clause 8.1.26. Hereof, the Seller undertakes to compensate SWIP for losses incurred in connection with the occurrence of such failure.

 

12. Customer preferences (loyalty programs, promotional programs, marketing events, etc.)

12.1. SWiP provides the Seller with a designer of loyalty programs from various mechanics and dynamics, as well as recommendations for launching certain campaigns, taking into account the specifics of the Seller's business.

The Seller acknowledges and accepts that if there are restrictions or requirements in relation to certain groups of goods, including those listed in clause 8.1.17 of the Agreement, and the conditions of loyalty programs established by the Seller in relation to such type of goods directly contradict the current Indian legislation, which established a special procedure for their sale, the Seller is responsible for all and any consequences of the inclusion of such goods in loyalty programs. SWiP is not responsible for the inclusion by the Seller of such goods in the loyalty programs, without complying with the statutory requirements or restrictions on the order of their sale.

12.2 The Seller has the right to participate in loyalty programs, promotional programs and marketing events developed by SWiP, the Seller, or other persons, and also to provide discounts to Customers using the SWiP service.

12.3. The Merchant agrees that SWiP, by default, from the first day of connection, activates automatic launch of marketing campaigns using artificial intelligence, aimed at returning, retaining and increasing the activity of customers who are in the zone of churn or decrease in activity.

12.4 The Seller has the right to disable the automatic launch of marketing campaigns anytime, using artificial intelligence independently in the Online Office.

12.5. SWiP has the right to change the settings of artificial intelligence algorithms without notifying the Seller.

 

13. Other provisions

13.1 The date of performance by the Seller and SWiP of their obligations to transfer funds shall be the date the funds are credited to the correspondent account of the credit institution where the account of the Seller or SWiP, respectively, is opened to which such transfer is made.

13.2 This Agreement is governed by the Indian legislation, as well as the Rules, standards and recommendations of International Payment Systems to the extent that they do not contradict the Indian legislation. Any conditions and provisions of the Agreement that contradict the provisions of the Rules (both known at the date of conclusion of the Agreement and developed in the future) shall be brought in compliance with the Rules, and until they are brought in compliance, shall be interpreted and executed by the Parties in accordance with the Rules.

13.3. All disputes, disagreements or claims arising out of or in connection with the Agreement shall be settled by the Parties by means of negotiations. In the absence of agreement, the dispute between the Parties shall be referred to the Court of India.
13.4. The Seller is entitled to use SWiP's trademarks when carrying out its activities in accordance with this Agreement: when providing information about the possibility to use the SWiP Service when making payments, including in stores and on the official website of the Seller, as well as in advertising materials agreed by the Parties. SWiP shall be entitled to use the Merchant's name and trademark without payment of any fee when referring to the Merchant as a partner of SWiP, including in the SWiP Service, the SWiP Mobile App and in advertising campaigns organized by SWiP itself or jointly with the Merchant.

13.5. The Seller is entitled to mention SWiP and place information about cooperation with SWiP and SWiP's activities in the media, on Internet information resources and in other publicly available sources of information only upon prior written approval of the information to be placed with SWiP.

 

14. Term of the Agreement. Amendment and termination of the Agreement

14.1 This Agreement shall be valid from the date of its conclusion for an indefinite period.

14.2 SWiP shall be entitled to unilaterally amend and/or supplement the Agreement and its Appendices. Amendments and additions may also be made in the form of a new version of the text of the Agreement or the Appendix. The amendments shall come into force 10 working days after the publication of the amendments on the website where the current terms and conditions of the Agreement are published.

14.3 The Agreement may be terminated by either Party in the manner provided for in the Agreement.

14.4 The obligations of the Parties under this Agreement arising prior to its termination shall remain in full force and effect until they are performed in full.

14.5 Termination of the Agreement shall not relieve the Parties from the obligation to make all mutual settlements and payments under the Agreement for obligations incurred prior to the date of termination.

14.6. If the Seller fails to pay for the second and subsequent periods of services within seven (7) days from the date of the invoice, SWIP shall send a notice of unilateral withdrawal from the Agreement to the Seller's e-mail address indicated in the Seller's personal account. In this case, the latter shall be deemed terminated on the eleventh (11th) day from the date of sending such notice.

 

15. SWiP requisites

SWIPAPP PRIVATE LIMITED
Wework Galaxy, 43, Residency Road, Ashok Nagar, Bengaluru, Karnataka,560025

E-mail: info@swip.one

 

 

16. Annexes to the Agreement

16.1 The Annex to the Agreement is:

- Terms of the Loyalty Programs (Appendix № 1)

 

 

Appendix 1

to the Service Agreement

on information and technological interaction

when making settlements using the SWiP Service

 

Terms of the Loyalty Programs

• Terms and definitions

The terms used in this Appendix No. 1 are defined below:

• Agreement - this Agreement for the implementation of information interaction
• The Rules are a public offer addressed to Sellers and Buyers, published by SWiP on the Website at SWiP.app.
• Transactions - Transactions for payment for goods or services of the Seller by the Buyer, which are subject to the Loyalty Programs, provided using the SWiP Service by means of electronic means of payment.
• All other terms not specified in this Schedule No. 1 shall have the meaning set forth in the Agreement and the Rules.

 

• General provisions
• Information about the Loyalty Programs, including the Rules, is posted in the Merchant's Personal Office and on the Website swip.app.
• The Seller has the right to launch the Loyalty Program by using an app user area (a personal user account).

 

• Obligations of the Parties
• Seller's Responsibilities:
• Provide SWiP with the information necessary to fulfill its obligations in accordance with this Appendix #1 and the Rules, including the information requested by the credit institution engaged by SWiP to implement the Loyalty Programs.
• Receive and consider claims, as well as other appeals of Buyers on issues related to the provision of the Loyalty Programs.
• To take into account the Transactions, in the implementation of which the Loyalty Programs are applied, in accordance with the conditions stipulated by the Rules and this Appendix #1 to the Agreement.
• In cases stipulated by the Indian legislation, independently bear the responsibilities of a taxpayer (tax agent) in connection with the provision of the Loyalty Programs.
• Upon SWiP's request, place on its website the information available to the Buyers on the involvement of SWiP to make transfers (remittance) of funds to the credit institution, as well as on the rules of the transfer (remittance) of funds.
• Upon SWiP's request, place additional information, including advertising information, on documents issued by the Seller to Buyers (in particular, on the cash voucher or other document issued to the Buyer in accordance with applicable law).
• To place on the cash voucher or other document issued to the Buyer in accordance with applicable law, information about the amount of discounts and bonuses provided to the Buyer as part of the Loyalty Programs.
• Place a sticker with a QR-code on the cash desk area, in a place visible to the guests, tie the number of the current sticker to the cash desk and ensure uninterrupted operation of the Service for the duration of the contract. In the event that the sticker with a QR-code will need to be re-adhered to the new one, the Seller undertakes to immediately re-adhere the number of the sticker to the cash register;
• To carry out other duties stipulated by the Rules.

 

• SWiP responsibilities:
• Post information about the Seller as a member of the Loyalty Programs and the terms of discounts and bonuses in the Mobile App.
• Take into account the Transactions, in the implementation of which the Loyalty Programs are applied on the basis of the data obtained through the System.
• SWiP enters into an agreement with a credit institution (including a non-bank credit institution) for the purposes of transferring money to Buyers as part of the Loyalty Programs.
• Provide Sellers with advertising and/or reference materials directly related to the implementation of the Loyalty Programs.
• If the Buyer, when paying for the Seller's goods (services) using the SWiP Service, is unable to receive the discount due to him under the Loyalty Program and has paid for the Seller's goods (services) in full, SWiP has the right, at its discretion, to compensate the Buyer commensurate with the discount, in the form of cashback, by transferring money to the Buyer's account, or bonus points intended for payment of goods (services) of the Seller.
• The amount of compensation provided by SWiP to Buyers in accordance with clause 3.3. Appendix #1 in the form of "cashback" shall be reimbursed by the Seller in full, taking into account the commission for the transfer of funds to the Buyer in the amount of 5 (Five) %, but not less than 100 (One hundred) rubles for each case of compensation, based on invoices sent by SWiP to the Seller.
• The Seller undertakes to pay the invoices sent to him by SWIP in accordance with clause 3.4. Appendix #1 no later than ten (10) days from the date of their sending.

 

• Providing cash
• Discounts and bonuses under the Loyalty Programs may be provided to Buyers at the expense of funds of the Seller, SWiP or other persons to the extent and in the manner prescribed by the Rules and established by the Seller by marking the appropriate marks in the sections of an app user area (a personal user account).

 

• Responsibilities
• For non-performance or improper performance of the obligations stipulated in this Annex No. 1, the Parties shall be liable in accordance with the Indian legislation and the terms and conditions of the Agreement.
• SWiP shall not be liable for the refusal of a credit institution engaged by SWiP to transfer (credit) funds to the Buyers' bank accounts accepted in accordance with the Indian legislation and intrabank rules or the rules of the payment system.
  
  3. 5.3. SWiP shall not be liable for any possible temporary malfunctions of the Equipment. SWiP shall take measures to restore the performance of the Equipment in the event of accidents or for other reasons affecting the operation of the Equipment. SWiP shall not be liable in any case for any malfunctions of the Equipment which are not due to its fault. SWiP shall not be liable for any faults in the operation of the Equipment caused by the Seller's actions (or failure to act), as well as in the case of defects in technical equipment belonging to the Seller.
  
   5.4. 5.4. SWIP shall not be liable for financial results obtained as a result of marketing campaigns set up through the SWiP system.

 

• Changes
• SWiP has the right to unilaterally change the Rules without the Seller's consent.
• SWiP is entitled to suspend the Seller's participation in the Loyalty Programs in case of violation of the terms of this Appendix No. 1 and/or the Rules - until the relevant violations are eliminated. SWiP shall notify the Seller of the suspension of the Seller's participation in the Loyalty Programs in accordance with the procedure set forth in the Agreement. Any material breach by the Seller of the terms of this Appendix No. 1 and/or the Rules shall be deemed a breach of the Agreement. If the Seller violates the terms of this Appendix No. 1 and/or the Rules, and if the Seller fails to eliminate the violations within the time frame specified by SWiP, SWiP has the right to terminate the Seller's participation in the Loyalty Programs.
• Suspension of the Seller's participation in the Loyalty Programs and/or SWiP's waiver of obligations under this Appendix #1 (termination of the Seller's participation in the Program) shall not constitute a withdrawal from the Agreement, unless otherwise specified in the notice posted in accordance with clause 7.2 of this Appendix #1.

 

• Other provisions
• In all matters not provided for in this Appendix No. 1 and the Rules, the Parties shall be governed by the terms and conditions of the Agreement and the applicable laws of India.

 

 

Confidentiality Agreement

 

1.1 This Policy has been prepared by SWIPAPP PVT LTD, (hereinafter - SWiP) registered as a legal entity in India with its registered office at Wework Galaxy, 43, Residency Road, Ashok Nagar, Bengaluru, Karnataka, 560025.
1.2 This Policy defines the procedure of personal data processing and measures to ensure the security of personal data in SWIPAPP PVT LTD in order to protect the rights and freedoms of man and citizen in the processing of his personal data, including the protection of the rights to privacy, personal and family secrets.

1.3 This Policy applies to information that may be obtained by SWIPAPP PVT LTD  in the course of the use by Users of SWIPAPP PVT LTD Services, including the SWiP Service, as well as Mobile Applications and related to personal information (personal data) of Users who are individuals using the Services provided by SWIPAPP PVT LTD in accordance with the terms set forth in the Agreement.

1.4 The Processing policy of personal data in SWIPAPP PVT LTD is developed in accordance with the Indian Laws.

1.5. 1.5. The following terms and definitions are used in this Policy:

1.5.1 Definitions relating to personal data:

Personal data - any information relating to a directly or indirectly defined or identifiable individual (the subject of personal data);

Processing of personal data - any action (operation) or set of actions (operations) performed with or without the use of automation with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), anonymization, blocking, removal, destruction of personal data;

automated processing of personal data - processing of personal data by means of computer technology;

Distribution of personal data - actions aimed at disclosure of personal data to an indefinite range of persons (transfer of personal data) or to familiarize with personal data to an unlimited range of persons, including publication of personal data in the media, placement in information and telecommunications networks or providing access to personal data in any other way;

provision of personal data - actions aimed at disclosure of personal data to a certain person or a certain circle of persons;

Blocking of personal data - temporary termination of personal data processing (except when processing is necessary to clarify personal data);

destruction of personal data - actions resulting in the impossibility to restore the content of personal data in the information system of personal data and (or) as a result of which material media of personal data are destroyed;

depersonalization of personal data - actions that make it impossible to determine without the use of additional information what personal data belongs to a particular personal data subject;

personal data information system - a set of personal data contained in databases of personal data, and information technology and technical means ensuring its processing;

cross-border transfer of personal data - transfer of personal data to the territory of a foreign country to a foreign authority, a foreign individual or a foreign legal entity.

1.5.2. User - an actual person, subject of personal data, using the SWiP Service, including the SWiP Mobile App.

1.5.3. User's device - the user terminal used by the User, on which the SWiP application, which provides the ability to use the SWiP Service, is installed.

1.5.4. SWiP Service (Service) means a service (a set of software and hardware tools used to process information) providing the possibility to pay for the Merchant's goods and services provided by SWiP on the basis of this Agreement. All rights to the SWiP Service belong to SWIPAPP PVT LTD.

1.5.5 SWiP Mobile Application (Mobile Application) is a part of the Service - software for the User's device that allows you to use the User's device when making cashless payments through electronic means of payment in accordance with this Agreement.

1.6 This Policy applies to all personal data of the subjects processed by SWIPAPP PVT LTD with and without the use of automated means.

1.7 Any subject of personal data shall have access to this Policy. This Policy is available to Users on the page in the User's Mobile App.

1.8 The use by any User of any Service provided by SWIPAPP PVT LTD means that such User agrees to the terms and conditions set forth in this Policy.

2. Principles and conditions of personal data processing

2.1 Processing of personal data of Users is carried out independently or as part of other information of a confidential nature (confidential information) in accordance with the Indian Laws
2.2 Processing of personal data in SWIPAPP PVT LTD is based on principles:

2.2.1. legality and fairness of the purposes and methods of personal data processing, compliance of personal data processing purposes with the purposes predetermined and stated at collection of personal data, as well as SWIPAPP PVT LTD authority within the framework of relations with the subjects of personal data;

2.2.2. compliance of the amount and nature of processed personal data, methods of processing personal data with the purposes of processing of personal data;

2.2.3. reliability of personal data, their sufficiency for the purposes of processing, inadmissibility of processing of personal data, redundant in relation to the purposes stated in the collection of personal data,

2.2.4. inadmissibility of combining databases containing personal data created for incompatible purposes;

2.2.5. storage of personal data in a form that allows to identify the subject of personal data, no longer than required by the purposes of its processing;

2.2.6. destruction upon attainment of the objectives of personal data processing or if it is no longer necessary to achieve them.

2.3 Processing of personal data shall be carried out in accordance with the terms stipulated by the legislation of India.

2.4SWIPAPP PVT LTD, its employees and other persons who received access to personal data are obliged not to disclose to third parties and not to distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.

2.5 This Policy is binding on all employees of SWIPAPP PVT LTD who have access to personal data and process Users' personal data in accordance with their official duties.

Processing of personal data

3.1 SWIPAPP PVT LTD is an operator of personal data.

3.2. SWIPAPP PVT LTD independently or together with other persons organizes and (or) carries out processing of personal data, and also defines the purposes of processing of personal data, composition of personal data to be processed, actions (operations) made with personal data.

3.3 Processing of personal data of subjects of personal data is carried out in SWIPAPP PVT LTD for the following purposes:

1) Ensuring the User's settlements with the use of electronic means of payment through the Mobile application;

2) Provision of Users' personal data to the persons defined in accordance with paragraph 3.5. of this Policy in order for the said persons to make decisions based on the personal data provided by the User.

3) Use of anonymized personal data for statistical purposes.

3.4 Processing of personal data is carried out:

1) SWIPAPP PVT LTD directly (including employees of SWIPAPP PVT LTD).

2) Other persons on behalf of SWIPAPP PVT LTD in accordance with clause 3.5 of this Policy.

3.5 SWiP has the right to assign processing of personal data to another person with the consent of the subject of personal data, unless otherwise provided by the federal law, on the basis of the contract concluded with this person. The person, carrying out processing of personal data on behalf of SWIPAPP PVT LTD ", must comply with the principles and rules of personal data processing provided by the Indian Laws.
3.6 In the case of assignment of processing of personal data to another person in accordance with paragraph 3.5. of this Policy SWIPAPP PVT LTD shall notify the User about such persons, to whom the processing of personal data of the User is assigned, before the provision of personal data by the User.

3.7. SWIPAPP PVT LTD does not process special categories of personal data.

3.8 Depending on the Service used by the User, the User may provide the following personal data:

1) Full Name
2) Age and date of birth

3) Place of residence

4) Any Identity Document (Driving License/Voter ID)

5) PAN Card

6) Aadhar Card

7) Mobile Number

8) Other data, the provision of which is stipulated in the provision of certain services.

3.9. SWIPAPP PVT LTD determines the composition of personal data when providing relevant Services to the User.

3.10. SWIPAPP PVT LTD processes personal data with and without the use of automated means.

3.11. SWIPAPP PVT LTD does not make decisions based solely on the automated processing of personal data, which generate legal consequences in respect of the User (subject of personal data) or otherwise affect his rights and legitimate interests.

3.12. Automated processing of personal data is carried out in accordance with this Policy.

3.13. Authorization of third parties to process Users' personal data and transfer of personal data for these purposes shall be subject to the following conditions:

1) Processing of personal data is commissioned on the basis of a contract, which stipulates the obligation of such third party to ensure the confidentiality of personal data and ensure the security of personal data during its processing.

2) Personal data is transferred to the extent and for the purposes provided for in the above agreement.

3) Where required, with  User's consent to the transfer of personal data in the manner provided for in this Policy.

3.14. Transboundary transfer of personal data is carried out only in compliance with the requirements established by the Indian Laws.
4.      Rights of Users (subjects of personal data)

4.1 The user (subject of personal data) has the right:

1) To demand clarification of his personal data, their blocking or destruction if personal data is incomplete, outdated, unreliable, illegally obtained or not necessary for the stated purpose of processing, as well as to take statutory measures to protect their rights;

2) appeal to the authorized body for the protection of the rights of subjects of personal data or in court against unlawful acts or omissions in the processing of his personal data;

3) the protection of their rights and legitimate interests, including compensation for losses and (or) compensation for moral harm in court;

4) exercise other rights provided by the Indian Law
4.2 The user (subject of personal data) has the right to withdraw their consent to the processing of their personal data. In case the subject of personal data withdraws their consent to the processing of personal data, the operator has the right to continue the processing of personal data without the consent of the subject of personal data if the grounds specified in the Indian Laws of Personal Data.

5. Rights of SWIPAPP PVT LTD

5.1.SWIPAPP PVT LTD  has the right to:

1) use the personal data of Users obtained in accordance with this Policy in the manner and on the terms stipulated by this Policy;

2) transfer Users' personal data to third parties for their processing in compliance with the requirements established by law and this Policy;

3) Continue processing of Users' personal data after receiving the withdrawal of their consent to the processing of personal data in cases specified in paragraph 4.2 of this Policy.

4) refuse to provide personal data in cases provided by law;

5) use anonymized data of Users in compliance with the requirements for anonymization and storage of personal data;

6) exercise other powers stipulated by law.

6. User's consent to the processing of personal data

6.1 The User expresses his consent to SWIPAPP PVT LTD processing of personal data in the manner and on the terms stipulated by this Policy.

6.2 The user expresses his consent to the processing of personal data as follows:

1) by downloading (installing) the Mobile App on the User's device from the moment the User agrees to the terms of the User Agreement, which contains a reference to this Policy;

2) from the moment the User provides personal data for the use of Services that provide personal data to the Users.

6.3 By taking the actions specified in paragraph 6.2 of this Policy, the User expresses their unconditional consent to the procedure and terms of processing of their personal data on the terms set out in this Policy. If the User does not agree with the terms stipulated by this Policy, the User shall not be entitled to use the Mobile application and (or) individual Services that require the User to provide personal data.

7. Ensuring security of personal data

7.1 When processing personal data SWIPAPP PVT LTD is obliged to take necessary legal, organizational and technical measures and ensures their adoption to protect personal data from unauthorized or accidental access to it, destruction, modification, blocking, copying, providing, distribution of personal data, as well as from other unlawful actions in relation to personal data.

8. Concluding Provisions

8.1 This Policy is an internal document of SWiP, and is available to the User in the Mobile application.

8.2 This Policy is subject to change, amendment in the case of new legislative acts and special regulations on processing and protection of personal data, as well as in other cases by decision of SWIPAPP PVT LTD
8.3 Compliance with this Policy is monitored by the person responsible for organizing the processing of personal data in SWIPAPP PVT LTD.

8.4 Responsibility of employees of SWIPAPP PVT LTD, processing personal data and having the right of access to it, for non-compliance with the rules governing the processing and protection of personal data is determined in accordance with the legislation of India.

8.5 SWIPAPP PVT LTD does not verify the completeness and reliability of personal data provided by Users, but proceeds from the fact that these data are reliable and provided by the User himself, and the User has full legal capacity and provides this data independently, acting in his own

interest.

9. Information about the SWiP

SWIPAPP PVT LTD.

WeWork Galaxy, 43, Residency Road, Ashok Nagar, Bengaluru, Karnataka, 560025

 

 

Cancellation Policies of SWIPAPP PVT LTD

 

1. The Agreement may be terminated by either Party in the manner provided for in the Agreement.

1.1. Seller has the right: 

1.2. terminate this Agreement unilaterally out by giving SWiP at least 30 business days' prior notice via emailing to support@swip.one.

1.3. The obligations of the Parties under this Agreement arising prior to its termination shall remain in full force and effect until they are performed in full.

1.4. Termination of the Agreement shall not relieve the Parties from the obligation to make all mutual settlements and payments under the Agreement for obligations incurred prior to the date of termination. 

1.5. If the Seller fails to pay for the second and subsequent periods of services within seven (7) days from the date of the invoice, SWIP shall send a notice of unilateral withdrawal from the Agreement to the Seller's e-mail address indicated in the Seller's personal account. In this case, the latter shall be deemed terminated on the eleventh (11th) day from the date of sending such notice.