Swifood Merchant Service Agreement

This Service Agreement ( hereinafter referred to as "this Agreement") is entered into by and between SWIFOOD INNOVATION INC. (hereinafter referred to as "SWIFOOD" or "we") and you, in Taguig City, Philippines.

 

In order to use the Service, please read and abide by this agreement carefully. If you disagree with any content of this Agreement, please stop using any part of this Service immediately and do not click the “I have read and agreed to be bond by this Agreement and SWIFOOD Policies” button on this page. By clicking the button of “ I have read and agreed to be bond by this Agreement and SWIFOOD Policies”, or by accessing, registering or using any part of the Service, you agree to be bound by the terms of this Agreement.

 

  1. Definition

1.1 Services/ Swifood Services shall refer to the product and services related to QR-scanning and food- ordering that SWIFOOD independently develops, operates and provides to you, including but not limited to Swifood System/ Platform, link, Website, other related products and services( collectively “Services”). For clarification, the Swifood Services do not include the Payment Service.

1.2 You: shall refer to the Merchant who desires to, or is accepted by SWIFOOD to, use the Swifood Service.

1.3 Swifood Account shall refer to the account that you obtained in accordance with reviewing procedures and policies upon the confirmation of SWIFOOD to allow your access of Swifood Services.

1.4 Your Material shall refer to any content produced, copied, published, or disseminated by you during the use of the Service, including but not limited to registration information (such as avatars, names, related instructions, profiles, etc.), or text, voice, pictures, videos, messages and related link pages, as well as other information and content generated by using the Service.

1.5 Customer shall refer to the buyers who have associated behaviors with your store or purchased any goods or services in your Swifood store.

1.6 Payment Service shall refer to the payment service provided by third party service provider to allow the payment from the Customer to you for the goods/ services you provided. The Payment Service is integrated in the Services, but provided, operated and owned by the third party provider. Payment Service shall not be deemed as part of the Swifood Service, and you will be required to sign the payment service agreement with the third party provider separately to use the payment service.

 

  1. General Terms of The Services

2.1 You understand and agree that SWIFOOD only provides you with the technical support services under this Agreement, and does not make any express or implied guarantees for any of your actions, your Materials or the legality and validity of your goods/ service. Any disputes between you and other users, Customers and other third parties shall be solely borne by you and you will compensate the losses caused by you. If any actual loss (including but not limited to penalties) is caused by you to SWIFOOD, you shall bear the corresponding liability for compensation.

2.2DataProcessing

(A) Except as otherwise stipulated in this Agreement, you agree that SWIFOOD will process and protect yourinformation in accordance with the "Privacy Policy". Please read this policy carefully. If you have any questions, please feel free to contact us.

(B) To provide you with timely services of high-quality, and to meet the corresponding requirements of the payment services provider, you agree that we collect the basic information of your payment account . At the same time, in order to improve your service experience, we may send you updated materials for free and you agree to our collection of your information. You understand that the materials may be delivered by us or by a thirdparty provider according to your receipt information for the sake of the efficiency and your experience of the Services. You hereby acknowledge that you have provided authorizations to Swifood Innovation Inc.(Swifood) and the specific payment service provider to accept payments and send payments on your behalf, act as your representative. You also acknowledges that Swifood and the specific payment service provider will be able to view transactions that are made on this account in order to provide the payment service.

(C) During your use of the Service, you are required to submit and display some necessary information (such as store information, goods/services information) to Customers and other users. The information you entered and displayed should be true, accurate, legal, and valid. You hereby warrant to timely update the informationyou submit and display. To perform the obligations under this Agreement, SWIFOOD will collect the information you fill in or/and update, such as: store name, contact information, business hours, detailed address, etc. To provide you with theService and improve your experience by avoiding you from repeatedly submitting information, you hereby understand and agree that the information you submit will be synchronized or transferred to our affiliated companies. SWIFOODshall not be liable for the information you submit no matter the information is reviewed/ approved by SWIFOOD or not.SWIFOOD does not assume any responsibility or provide any guarantee for the operation of your business, your submitted information or goods/ services you provided. You hereby represent to be responsible for your use of the Services and any dispute arising from or loss caused by your behavior/ use of the Services.

(4) To facilitate your inquiry about your transaction status or records, SWIFOOD will save the necessary information submitted or generated during your application or use of the Services (for example: operation logs, order information).

2.3Upon your request, SWIFOOD will provide you with the QR code for online-ordering and payment. You understand and agree that the QR code as well as other documents and equipment (collectively “Materials”) provided by SWIFOOD are the property of SWIFOOD. You shall not revise, adjust, change, delete, or add any part of the materials without prior consent of SWIFOOD.

2.4. You understand and agree that theService may be provided to you by SWIFOOD and other service providers. If there are other service providers, you hereby represents to be bond by the policies and instructions of the service providers (if any). To improve your experience of the Services, you further agree and authorize SWIFOOD to synchronize your information related to your business with other service providers. To use specific features, products, and/ or services provided by SWIFOOD, you agree to submit application and required information, document, and/ or material under applicable requirements by laws and you should issue written application by expressly indicating your request.

 

  1. Obligations

 3.1You hereby represent and warrant that you are, of legal age and competent to be bond by this Agreement, lawful and authorized to use the Services.

3.2 You should submit true, complete, accurate and current information. You hereby represent and warrant that the information you submitted and/ or displayed is authorized, lawful and will not infringe any legal right of any third party .

3.3 When using the Services, you must comply with the following requirements:

-Recognizing the global nature of the Internet, you shall use the Services in compliance with, and only as permitted by, all applicable laws regarding your use of the Services, including as it concerns online conduct and acceptable content.

-You shall comply with these Terms and all related agreements, regulations and procedures, and follow the procedures and practices related to the Internet.

-You shall not infringe the patent rights, copyrights, trademark rights and other intellectual property rights, reputation rights, or any other legal rights of us or our affiliates or any other third parties, or engage in activities that damage our interests or adversely affect us.

3.4 To access the Service,You must register for a Swifood merchant Account You agree to provide your accurate, complete, and up-to-date registration information. You may use the Services upon the permission of SWIFOOD in written. We reserve the right to refuse and/or withdraw any application at our own discretion.You are responsible for ensuring that your password remains confidential and secure. By registering, you understand and agree that you are fully responsible for all activities that occur under your account and password. We may assume that any communications we receive under your account have been made by you. .

3.5 You are responsible to ensure that the Services is not used for or get involved in any unlawful or prohibited activity under applicable laws, regulations and rules. 

3.6 You agree not to alter, modify, or cause the alteration or modification, of the Services( including the materials and equipment provided by SWIFOOD), unless with prior written consent from us.

3.7 You agree not to use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any part of the Services, or in any way reproduce or circumvent its navigational structure or presentation, as well as to obtain or attempt to obtain any material, document or information through any means not purposely made available through the Services.

3.8 You agree not to gain or attempt to gain unauthorized access to any part or feature of the Services or to any other system or network connected to the Services. You also agree not to gather, harvest, or otherwise collect information about others using the Services without their explicit informed consent; nor restrict, prevent or prohibit any other party from using the Services, including but not limited to such actions which may tend to discourage others from using the Services, such as stalking, flaming or the lashing out at other parties, spamming or the sending of unsolicited information, advertisement or content, flooding or the sending of repetitive message, trolling or the use of insulting or deliberately divisive information, material or content, other forms of annoyances, and the like.

3.9 You agree not to circumvent, disable, or otherwise interfere with security-related features of the Services, including those that prevent or restrict use or copying of any content, material or information available on or through the Services, as well as those that enforce limitations on the use of the Services.

3.10 You agree not to probe, scan or test the vulnerability of the Services or any network connected to it, and not to breach the security or authentication measures on the same. You agree not to reverse look-up, trace or seek to trace any information on any user of or visitor to the Services, or exploit the Services or any information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification, other than your own information.

3.11 To use the Service, you agree to pay the Service fee in timely manner. You hereby understand and agree that SWIFOOD reserves the right to adjust the rate of such fees at any time and from time to time. SWIFOOD will notify you in written with such adjustment.

3.12 You hereby understand and agree that owing to the change of regulatory environments, policies or requirements by regulatory agencies, SWIFOOD may terminate the  whole or part of Services prior to the agreed termination date. SWIFOOD shall not be responsible for such termination but should notify you at least one(1) month prior to the termination.

3.13 You agree to set up reasonable customer service mechanism to solve the disputes arising between you and your Customers. SWIFOOD shall not be liable for any disputes between you and your Customer, unless such disputes are caused by the fault or gross negligence of SWIFOOD.

 

4. Fees, Rates & Other Charges

4.1 We are entitled to collect the service fee in accordance with the specific service, materials, and the equipment you acquire from us. For the scope of the service and corresponding fees, please refer to the Proposal.

4.2 For the service provided by third party service provider, please refer to the agreement you signed separately with the provider for the fees of this part of the service( for example, the payment service).

4.3 SWIFOOD reserves the right to adjust the fee at any time from time to time. In case of any adjustment, SWIFOOD will send the notice to your registered email address at least thirty[30] days prior to the adjustment. Such notice shall be deemed as an integral part of this Agreement. You may terminate this Agreement and the use of the Service immediately if you disagree with such adjustment.

4.4 For avoidance of doubt, Fee and any other payment paid by you to us is exclusive of any taxes, goods and services tax and other forms of duties or tariffs assessed to be payable to the relevant tax authority or other governmental authorities and such amounts shall be paid by you in addition to the fee, unless otherwise stated.

 

  1. Third-Party Content & Services

5.1 The Services contain content provided by third party services and resources, including but not limited to the payment services. You acknowledge and agree that we are not responsible or liable for: the availability or accuracy, appropriateness, completeness or non-infringement of such third party Services; or the content, products, or services available on or through such third party services. The availability of such third party services does not imply any endorsement by us of such third party services or the content, products, or services available therefrom.

5.2 You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the application and the services or in any third party Services.

5.3 SWIFOOD makes no representation or warranties whatsoever about any service, content and/or any other resources provided by the third party. You also understand and agree that SWIFOOD shall not be directly or indirectly responsible or liable, for any damage or loss caused or alleged to be caused by or relating to use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

 

  1. Intellectual Property
    1. All the Intellectual Property to and in the designs, layout, presentations, graphics, software systems, hardware, and all other elements that form and design SWIFOOD is owned, controlled and/or licensed (as applicable) in favour of SWIFOOD and is protected by and governed under the relevant laws related to copyrights, trademarks or other intellectual property rights. Unless with the written consent of SWIFOOD( including its affiliated entities) or the third party provider, you shall not use, modify, reproduce, publicly disseminate, change, disseminate, issue or publicly publish the programs or contents of the Services ( including but not limited to works, pictures, files, information, data, website structure, arrangement of website screens, web design, etc.).
    2. By submitting your material and using the Services, you hereby authorize SWIFOOD( including its affiliates entities) and the third party provider to use such materials for the purpose of this Agreement. The third party provider and SWIFOOD shall not use your materials in any way that infringe your legal interests.
    3. You hereby represent and warrant that the materials you submitted and displayed are legally authorized or obtained.

6.4 You are strictly prohibited from doing or making attempts to do any of the following without prior written consent of SWIFOOD or the relevant copyright owners (as applicable):

(a) decompile or reverse engineer, disassemble, attempt to derive the source code or decrypt the Service;

(b) make any modification, adaptation, improvement, translation or derivative work to or from the Service;

(c) violate any Applicable Laws during your access to the Application and use of the Service;

(d) use the Service for any revenue generating or commercial activity;

(e) use the Service and/or each of its source code/design to create a service, product or software which directly or indirectly prevails as competitor or substitute of the Service;

(f) use of the Service to circulate unsolicited communications to other users/merchants/third parties; and

(g) use any Intellectual Property or proprietary information in the design, development of distribution of any applications, accessories or devices for use of the Service.

6.5 Your use of the Services shall not be construed as conferring any licence or rights over the aforesaid materials. You shall not, without our prior written consent or the prior permission of such other owner to a trademark appearing on the Service (as appropriate), reuse or adopt any intellectual property appearing or displayed on the Services and nothing in these Agreement shall be construed as granting you a licence or right to use such intellectual property.

 

  1. Represents and Warrants

7.1 By visiting and/or using the Services, you signify your agreement to these Terms and you further agree, affirm and warrant that there is and there shall be no agency, partnership, joint venture, employer-employee, licensor-licensee or franchisor-franchisee relationship between SWIFOOD and you.

7.2 You must be fully able and competent to legally bind yourself to and abide by all of the terms, conditions, obligations, declarations, affirmations, representations, and warranties set forth in this Agreement, relative to the applicable laws, rules and regulations of the Philippines. You also warrant that you

7.3 You warrant that all information/Materials you provided SWIFOOD are true, correct, accurate, updated, and authorized. You further warrant that in case of any change in the circumstances which affect the information you have provided to SWIFOOD, you shall inform SWIFOOD of such changes within fifteen (15) days from the occurrence of the said change.

7.4 You declare and represent that you do not have or are not using the Services in any ways illegal or unmoral. You authorize SWIFOOD to perform required actions to ensure that your use of the Services is comply with the applicable laws, this Agreement, and policies of the third party provider.

7.5 You further understand and acknowledge SWIFOOD may have or may develop and implement additional features and tie-ups with other entities. By virtue of such, you may be exposed to content that may infringe on your intellectual property rights or that of your principal; or content that may violate your privacy, and/or publicity rights; or content that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, indecent, pornographic, profane, threatening, racist, gruesome, objectionable, offensive to public morals, invasive of another’s privacy, or otherwise violative of any rule, regulation, or law; or content that contains any viruses, Trojan horses, worms, time bombs, bots, any malware, or any computer program, code, or routine that may or is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information and that these you undertake at your own risk, and you hereby agree that SWIFOOD shall not be responsible, liable, or accountable for any of the foregoing. You also agree to indemnify and hold SWIFOOD harmless to the fullest extent allowed by law regarding all matters related to or arising out of your use of the Services.

7.6 By visiting and/or using the Services, you declare, undertake and affirm that you take sole responsibility for whatever consequences that may arise out of your visit and/or use of the Services. You understand that SWIFOOD shall not be liable for, and you hereby hold SWIFOOD free from, any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of, or your inability to use, the Services. On the other hand, you declare, undertake and affirm that you shall indemnify SWIFOOD for any direct, incidental, special, consequential, indirect, or punitive damages whatsoever resulting from your use of the Services contrary to this Agreement. You further agree, undertake, and commit to indemnify SWIFOOD for any breach of its proprietary and other rights, including breach of these Terms, which you may commit in the course of or arising out of your use of the Services.

7.7 You further declare, represent and warrant that you are aware that any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services may be protected by intellectual property rights which are owned by the respective sponsors, advertisers, or other persons or companies on their behalf. You agree that such advertisements and sponsored content, material or information may be placed on the Services and/or coupled to your User Content without prior notice and without need of explicit consent from you anymore as you now give such consent. You hereby declare, acknowledge, and affirm personal and sole commitment and obligation to respect uphold and honor any intellectual property rights which may cover such any content, material or information presented to you as part of the Services, including but not limited to advertisements and sponsored content, material or information within the Services.

7.8 You acknowledge that any Materials which you create, upload, transmit, or display while using the Services may become publicly available, whether or not intended by you or by SWIFOOD for such material, information or content to be made publicly available. You further acknowledge, affirm and take sole responsibility for any consequences arising out of the use, authorized, lawful or otherwise, of any material, information or content which you create, upload, transmit or display using the Services. By visiting and/or using the Services, you hereby declare, acknowledge, and affirm to hold SWIFOOD free from any liability by law or by equity arising therefrom, including the unauthorized or unlawful use thereof by a third party, as a result of your act of giving information, including personal information, password or codes to generate transactions in your SWIFOOD Account, whether voluntary or involuntary.

7.9 You also acknowledge that you are free to opt out of the Services by voluntarily desisting from further use of the Services or by serving a notice of termination of use to SWIFOOD and closing your account. Closure of an account with the Services does not nullify, void, cancel, or otherwise adversely affect any and/or all of the legal obligations and liabilities you may have incurred or may still incur relative to your use of the Services, as such provisions of this Agreement that apply to acts done prior to termination shall survive your termination of this Agreement with SWIFOOD.

7.10 You acknowledge that SWIFOOD may assign, novate, or transfer in whole or in part of the Services, its obligations and/or rights under this Agreement to a qualified third party( the “Successor”) at its own discretion. In case of the assignment, novation and transfer, you will be required to sign agreement with the Successor. Upon the effectiveness of your agreement with Successor, this Agreement shall be deemed as terminated thereto and the latest agreement shall prevail. If you disagree with such assignment, novation, or transfer, you should not accept or agree to the new agreement with the Successor, and you should stop using the Services immediately. You hereby irrevocably agree to any novation of this Agreement and any other agreement, document, assurance and guarantee in connection therewith or with the Swifood Services thereunder or securing your obligations thereunder, and irrevocably agree that we are entitled to and may assign or transfer reasonably to a Successor all or some of our rights, title, interests, benefits, obligations and liabilities under this Agreement and/or under any instrument(s) and/or any other agreement, document, assurance and/or guarantee in connection therewith and/or with the Swifood services available thereunder and/or securing your obligations thereunder. You further irrevocably and unconditionally agree that any such novation, assignment or transfer may be effected by the delivering to you the new agreement to that effect whereupon.

 

8.Force Majure

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under this Agreement or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

- Strike, lockout or other forms of protest.

- Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.

- Fire, explosion, storm, flood, earthquake, collapse, epidemic, pandemic or any other natural disaster.

- Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.

Inability to use public or private telecommunication systems.

- Acts, decrees, legislation, regulations or restrictions of any government or public authority.

- Strike, failure or accident in maritime or river transport, postal transport or any other type of transport. Or

- Other situation that beyond our reasonable control.

It shall be understood that our obligations deriving from this Agreements or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of this Agreement or other contracts despite the situation of Force Majeure.

 

9.Limitation of Liability

9.1 SWIFOOD makes no warranty, express or implied, regarding the performance or functionalities of the Service nor the service provided by the third party provider offered hereunder.

9.2 The Service is offered on an “AS IS”, “AS AVAILABLE” basis without warranties of any kind, other than warranties that are incapable of exclusion, waiver or limitation under the laws applicable to this this Agreement. Without limiting the generality of the foregoing, SWIFOOD makes no warranty : (1) as to the content, quality or accuracy of data or information received and transmitted using the SWIFOOD service functionalities; (2) as to any service or product obtained using SWIFOOD’ Service functionalities; (3) that the Service will be uninterrupted or error-free; or (4) that any particular result or information will be obtained from availing SWIFOOD’ Services.

9.3 SWIFOOD shall not be liable for any loss, costs, compensation, damage or liability to you, your Customer or third party arising directly or indirectly as a result of any or all of the following:

- Refusal of SWIFOOD or the third party provider..

- Any defective product or quality of service purchased through the Service.

- Adjustments or reversals caused by incorrect, missed or error to the Services

- Your Customer unable to perform or complete any transaction thru the use of phone service, online payments or other transaction platforms due to service/system/line unavailability.

- Any delay, interruption or termination of the Services whether caused by administrative error, technical, mechanical, electrical or electronic fault or difficulty or any other reason or circumstance beyond SWIFOOD’ control (including but not limited to acts of God, strike, labor disputes, fire, disturbance, action of government, atmospheric conditions, lightning, interference or damage by third parties or any change in legislation).

- Theft or unauthorized use of the Services, and/or any loss, costs, damages or payable to any third party by users of the Services, or any failure by users of the Services to avail itself of the Service for any reason whatsoever.

- Any misrepresentation or fraud by or misconduct of any third party.

- Possible data breach or exposure when using the the Services if it is necessary, including but not limited to the personal information.

9.4 LIMITATION OF LIABILITY. In the event of any action that you may file against the SWIFOOD, you agree that the SWIFOOD’ liability shall not exceed One Thousand Pesos (P1,000.00) or the amount of damages actually suffered by you, whichever is lower.

 

10.DATA PRIVACY

10.1 Data Collection

10.1.1 SWIFOOD shall keep the information and files received from you or from third parties in the strictest confidence. By providing information to SWIFOOD for the purpose of using the Services, you expressly consent to the processing of your supplied data, as may be applicable for your pertinent data using the third party service. Your data may either be Personal Information or non-personal information.

10.1.2 For the avoidance of doubt, “Personal Information” means any information from which the identity of an individual can be reasonably and directly ascertained, or when put together with other information would directly and certainly identify an individual. It also includes, but is not limited to, the data that would help  SWIFOOD verify (i) the user’s identity such as name, gender, date of birth, address, telephone/mobile number, email address, proof of identification, and other data points whenever applicable; (ii) the location of user’s device whether desktop, laptop, or mobile device whenever user access the Services; and (iii) the navigation experience when accessing the Services to see previous activities related to the Services and the sequence thereof.

10.1.3 By enabling biometrics login, you allow SWIFOOD to use your biometrics data saved in your device for the sole purpose of accessing the Services.

10.2 Use of User Data

10.2.1 Without limiting the generality of the foregoing, you consent and authorize SWIFOOD to store, process, disclose, exchange, and release the information you provided to its associates, affiliates, subsidiaries, officers, employees, agents, lawyers, consultants and respective, or any such persons as SWIFOOD deems necessary, or as required by laws, rules, or regulations, including but not limited for the following purpose: (i) providing you with the Services, including customer support; (ii) enhancing your customer experience and improve, develop, and determine tailored products to meet user’s preferences and needs; (iii) communicating relevant products and/or advisories to user; (iv) showing you relevant ads of the Services, or the products and services of third parties, and measure the effectiveness and reach of such ads, and the products and services; (v) abide by any safety, security, public service, or legal requirements and processes; and (vi) processing information for statistical, analytical, and research purposes; (vii) use of biometrics data saved in user’s device for the sole purpose of securing the user’s details; and (viii) registering User’s in promotional events. This data shall be stored in SWIFOOD and will not be used for any other purpose other than as specified in Agreements.

10.2.2 SWIFOOD uses Personal Information to the extent necessary to comply with the requirements of the laws and legal processes, including orders of governmental agencies, courts, and tribunals; to comply with a legal obligation; or to prevent imminent harm to public security, safety, or order. SWIFOOD uses non-personal information for statistical, analytical, and research purposes to create anonymous and aggregate reports.

10.2.3When required by SWIFOOD’ Policy and the laws, and before SWIFOOD uses or processes user’s data for any other purpose, SWIFOOD will secure the user’s consent. The user has the right to access, correct, object, remove, and transport his information. However, the user requesting to remove and/or transport his information from SWIFOOD’ system will result in the termination of the Services and termination of his Agreement.

10.3. DATA SHARING

10.3.1 You hereby consent to, and authorize, SWIFOOD( including its affiliates entities) and/or its third-party partners contracted by SWIFOOD for the purpose of conducting its operations, including but not limited to fraud and risk management, sales and marketing activities, communications relating to their products and/or services, product and system development and innovation, customer experience management and improvement, and market research, to collect and process any and all information related thereto from whatever relevant source.

10.3.2You hereby agree to and authorize, the disclosure of, and release by, SWIFOOD Group of your information to third-party partners it contracted or engaged, for the fulfillment of its obligations in connection with the Services you availed through the SWIFOOD System or by other means.

10.3.3 You hereby consent to, and authorize, the disclosure of, and release by, SWIFOOD( including its affiliates entities) of any and all information required by SWIFOOD ( including its affiliates entities) such as, but not limited to, the following:

-Services usage records;

-Customer relationship management records;

-KYC data;

-Registration data;

-Transaction data.

10.3.4For the avoidance of doubt, you hereby acknowledge and agree that SWIFOOD may share with each other any and all information relating to the user for any legitimate business purpose including, but not limited to, fraud and risk management, sales and marketing activities, communications relating to the Services, system development and innovation, customer experience management and improvement, the services availed from a third party, and market research.

10.3.5 In addition, you hereby agree to share your SWIFOOD information details, including but not limited to: complete name, gender, address (permanent and present), date and place of birth, nationality, contact details, nature of business, identification (with number) type, and details of your goods/ services, to SWIFOOD’ partners for purposes of service fulfillment and local and compliance requirements.

10.3.6 The foregoing consents and authorizations shall continue for the duration of, and shall survive the termination of, this Agreement, or any other arrangements, and services which you may avail from SWIFOOD.

10.4 Confidential Information

You acknowledge and understand that SWIFOOD may be required to disclose any information you provided, including the your personal data, as part of the Service where it is specifically required or permitted by law, and for the purpose related to the performance of this Agreement. Where disclosure is required, SWIFOOD will comply with the Data Privacy Act of 2012 (“DPA”)and the laws of the Philippines.

You hereby acknowledge and consent that the information provided to SWIFOOD will be disclosed, released, or transferred to the necessary third party service provider for the purpose of the Service.

 

11.General

11.1Amendments

  SWIFOOD may at any time and for whatever reason it may deem proper, amend, revise or modify this Agreement immediately upon notice. You agree that for purposes of this Agreement, publication of the revised version in SWIFOOD’ website shall be considered as sufficient notice. It is your responsibility to regularly check any changes to this Agreement. Your continued use of the Services after any such changes constitutes acceptance of the new Agreement. Failure to notify SWIFOOD of your intention to terminate this Agreement shall be construed as acceptance of the amendments to this Agreement.

11.2 Assignment

You shall not assign any of your rights or interest under this Agreement to any third person without the prior written consent of the other party of this Agreement.

11.3 Entire Agreement

  You agrees to be bound by this Agreement, and other applicable policies governing the issuance and use of the Services. Should you disagree with this Agreement or other policy, you should stop using the Services, and follow the instructions of customer service indicated below. Otherwise, you should continue to be liable for all charges incurred through the use of the Service.

11.4 No Wavier of Rights

Failure, omission, or delay on the part of SWIFOOD to exercise its right or remedies under this Agreement shall not operate as a waiver. Any such waiver shall be valid only when reduced in writing and delivered to the users.

11.5 Separability

  Should any term or condition in this Agreement be rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining this Agreement shall not be affected or impaired thereby.

11.6 Notice

  All notice requirements shall be as stated in this Agreement. If SWIFOOD is required to send notice to you, it shall do so through available channels including but not limited to, In-Site notifications, SMS, email, or registered mail which shall be sent to your registered address. Publication in SWIFOOD system shall also be sufficient notice, as may be required by this Agreement.

11.7 Customer Services

  We consider our customer’s questions, needs and feedback as very important. If you have any concerns about a procedure or have encountered a problem with the Services, we will do our best to address it within 10 days. Should your concern require more time to be resolved, we will update you every step of the way.

You may contact our Customer Service at csr@SWIFOOD.com

11.8 Governing Laws and Venue of Litigation

  This Agreement shall be construed and governed in accordance with the laws of the Philippines. You understand and agree that this Agreement including all disputes relative to your use of the Services shall be governed by the laws of the Republic of the Philippines without regard to conflict of laws provisions. In case of any dispute arising out of this Agreement or your use of the Services, you hereby agree, undertake and commit to resolve or attempt to resolve such dispute promptly and in good faith. In case of failure to resolve any such dispute, you agree to the jurisdiction by and venue in the appropriate courts of Taguig City, Philippines, to the exclusion of all other courts, and waive as you hereby waive, any objection to such jurisdiction or venue.

11.9 Consent

  Consent given by you to a subsidiary or affiliate of SWIFOOD for any of the Services involving the use, processing, and/or disclosure of the Services and user’s information shall be deemed to be consent given to SWIFOOD.

Your continuously use of the Services would be deemed as your consent and accept of this Agreement and you should be bond by this Agreement. If you disagree with any content of this Agreement, please do not do not click “I agree” (or similar button or checkbox) that is presented to you, and you should stop using the Services immediately.

This Agreement may be executed electronically or by way of electronic signature and such electronic signatures shall be deemed original signatures, have the same force and effect as manual signatures and binding upon the Parties. If this Agreement shall be executed electronically, the best evidence of this Agreement shall be a copy of this Agreement bearing an electronic signature, in portable document format (.pdf) form, or in any other electronic format intended to preserve the original graphic and pictorial appearance of a document.

11.10 Language. All notices or formal communications under or in connection with this Agreement shall bein the English language. Any translation of this Agreement is provided solely for your convenience and is not intended to modify any of this Agreement. The English version of this Agreement shall be your primary reference in all respects and shall prevail in all cases of inconsistency with any translated versions.

11.11 Versions: The most updated version of this Agreement(by indication of the date stated herein) shall prevail over any previous versions.

Last Updated: [27, March 2024]

Effective date: [ 27, March 2024]

Privacy Policy

Version as of January 4, 2024

 

This privacy policy and any supplement(s) (our "Privacy Policy") describe how the Swifood group of companies which include its respective subsidiaries, affiliates, associated companies and jointly controlled entities (collectively "Swifood", "we", "us" or "our") collect, use, process and disclose your Personal Data through the use of Swifood’s platforms including its applications and websites ("Swifood Platforms"), as well as products, features and other services operated by Swifood (collectively, the "Swifood Services").

 

This Policy applies to all of our merchants, suppliers, customers, users, agents, vendors, business partners, service providers, contractors and any other third party that may use or access the Swifood (collectively "you", "your" or "yours").

 

This Privacy Policy applies in conjunction with any other terms and conditions, policies, codes, notices, consents or contractual arrangements that apply in relation to the collection, storage, use, disclosure and/or processing of your information by us and is not intended to override any of them unless expressly stated otherwise.

 

1. What do we collect?

As part of your use of the Swifood Platforms or the Swifood Services, we may collect data from you.

Personnal Data: The data that we collect from you may include information that may be personal to you and from which you can be identified, including but not limited to your name, address, telephone numbers, facebook account and related information, information from government issued documents, any of your device information including IP addresses, hardware information, model numbers and serial numbers, any related metadata generated from your use of the Swifood Platforms or the Swifood Services or any other information required in order to allow access or utilise the Swifood Platforms or Swifood Services (together "Personal Data").

lmage Information:  When utilizing the attendance feature of the Swifood platform or services, we may collect image information, which may include employee selfies or pictures taken at the point of service.

Data Minimization: We are committed to collecting only the necessary information required for the specified purposes and to avoid excessive data collection.

2. How do we collect Personal Data?

By using the Swifood Platforms or Swifood Services you are agreeing that we may collect your Personal Data and any Personal Data that you have provided to us is done so voluntarily. Without being exhaustive, you may be providing us your Personal Data when:

 

you create a user profile or submit a registration form on any of the Swifood Platforms or to utilise any of the Swifood Services;

you submit information, including Personal Data, to us to register as a merchant/ user on the Swifood Platforms or to utilise any of the Swifood Services;

you use the Swifood Platforms or Swifood Services including but not limited to when you:

execute any transactions including placing or accepting any orders; provide any user feedback; communicate using any of our messaging or other communications systems; or interact with us, our agents or third party partners through the Swifood Platforms or otherwise;

you interact with any of our social media pages including through your personal, business’ or company’s social media account; or

You agree that, to the extent that you have consented and in accordance with applicable laws, such third parties may provide such Personal Data that they have collected to Swifood and that Swifood may use that Personal Data in order to provide you with access to the Swifood Platforms or use of the Swifood Services.

 

There may be circumstances where you may need to provide Personal Data of other individuals. If you do provide any such Personal Data, you represent and warrant to us that you have obtained the consent of such individuals to disclose their Personal Data to us and that we may collect and use such Personal Data in accordance with this Privacy Policy as if we collected such information directly from such individuals and that you will be liable for and indemnify us for any claim made by such individual as a result of our collection or use of their Personal Data that you have provided to us.

 

To use the Swifood Platforms or the Swifood Services, you should be over legal age under the applicable laws where you are utilizing the Swifood Platforms or the Swifood Services. In the event that a legal minor utilizes the Swifood Platforms or the Swifood Services, whether with the knowledge or not of their parent or legal guardian, and such minor provides any Personal Data to us, you as their parent or legal guardian consent to the processing of that minor’s Personal Data and you further agree to be responsible for any actions of such minor and to be bound by this Privacy Policy.

 

Swifood will not be responsible for any unauthorized use of the Swifood Platforms or use of the Swifood Services by yourself, users who act on your behalf or any other unauthorized users. While we will use our reasonable endeavors to monitor and prevent misuse of the Swifood Platforms or the Swifood Services in accordance with this Privacy Policy, it is your responsibility to take make your own informed choices about use of the Swifood Platforms or Swifood Services and take the necessary steps to prevent any misuse using your Personal Data.

 

3. How do we use your Personal Data?

 

Aggregation of your Personal Data

Any data or information that we collect, including Personal Data, may be used by us in combination with other data or information that we collect, including other Personal Data that we have collected. This means that if we collect Personal Data from you from your use of any of the Swifood Platforms or the Swifood Services, that Personal Data may be aggregated or linked with other Personal Data that we have collected from other sources.

For your use of the Swifood Platforms and Swifood Services

We may use your Personal Data to provide access to and to maintain, optimize and improve the Swifood Platforms and Swifood Services. As such, Swifood may, without limitation, use your Personal Data for the following purposes:

to provide you with access to the Swifood Platforms and Swifood Services which may exist or be available from time to time including the creation, maintenance and administration of your account, to enhance your user experience including participating in promotions, rewards, subscriptions or other such features or functionalities;

to conduct due diligence checks about you including the verification of your age and date of birth, your identity or other KYC related information including for fraud detection services;

to take and process orders/ instructions including saving your preferred payment methods and to arrange requested services;

to offer different product offerings and enhancements;

to store, host and back up your Personal Data;

to perform systems and security integrity checks and maintenance, software and systems troubleshooting, debugging, data and activity analytics, testing, research and monitoring and trend analysis or for other testing, research, analysis or product development;

for marketing, advertising or other promotional activities either from Swifood or our third party business partners;

to allow communications between you, Swifood, merchants, suppliers, users, clients, service providers and our other business partners including but not limited to notifications, alerts, updates, promotions, invitations to participate in events either via the Swifood Platforms, post, telephone, data messaging services, push notifications, emails or other communication mediums;

to resolve any customer service or support issues including the investigation of any complaints or concerns, monitoring and improvement of customer service responses, in responding to any questions, comments or feedback or to inform users about the resolution of any relevant issues; and

any other use that we consider to be necessary for the provision, enhancement or development of the Swifood Platform or Swifood Services, subject to applicable laws.

Use of your Personal Data in other Circumstances

We may also use your Personal Data in the following circumstances which are meant to be illustrative but not exhaustive:

to produce data for our own internal and statutory reporting and/or record-keeping requirements;

to act as a data processor where you may have provided consent to another third party data controller for such services to be rendered (for example from merchants that you have purchased goods or services from and who are utilizing the Swifood Platforms or Swifood Services to fulfill part of their service to you);

to enforce our own terms or other agreements as they may exist from time to time;

to conduct automated decision-making processes in relation to the provision of the Swifood Services;

to ensure the safety and security of all of our users including the monitoring of compliance with this Privacy Policy, our terms and conditions and other relevant policies;

to investigate and resolve claims, investigations or disputes including those raised by any relevant regulator or government authority or to protect our own rights or property relating to such claims, investigations or disputes;

to detect, prevent, report and assist in the prosecution of any illegal activities or crimes;

to comply with any court orders or other legal, governmental or regulatory requirements; or

in connection with any contemplated or completed merger, acquisition, joint venture, sale of company assets, consolidation, restructuring, financing, business asset sale, or acquisition of all or part of the Swifood business by another company or entity.

Compliance with Legal or Contractual Requirements

In certain circumstances, we may need you to provide your Personal Data so that we may use the information to satisfy or comply with certain legal requirements or for contractual purposes. If you do not provide us with such Personal Data, we may be unable to provide you access to the Swifood Platforms or use of the Swifood Services as it may not be possible for us and you to comply with the necessary legal requirements or contractual obligations.

 

4. When we may disclose your Personal Data?

We understand and recognize how sacred and valuable your Personal Data is. As such, our commitment is to ensure that we will only disclose or share your Personal Data for legitimate purposes and as necessary to provide you access to the Swifood Platforms and so that you can use the Swifood Services. With that in mind, there are circumstances where it is necessary for us to disclose your Personal Data to other parties outside of Swifood which may include but is not limited to the following:

Third party partners including delivery service providers, payment processing partners and facilitators, data processing and analytics partners, cloud storage service providers, credit bureaus or credit reporting agencies, anti-money laundering service providers, criminal and background checking agencies, identity verification service providers, marketing, advertising or other promotional partners, research firms, insurance firms, financing partners including bankers, fund managers, brokers, asset managers and custodians, merchants, stores, wholesalers, suppliers and distributors, consultants, legal advisors and other business partners;

Other users of the Swifood Platforms or the Swifood Services including but not limited to its merchants, customers, delivery drivers and riders and recipients of orders; or

Government authorities and members of law enforcement including where it may be required to protect the public interest or safeguard the community, in emergency situations where the life, health or safety of an individual or group of individuals may be at risk or where there may be a breach or to prevent a breach of law.

We may also be required to disclose information in our possession, including your Personal Data, in circumstances where a merger with or acquisition by another company of Swifood may be contemplated or has occurred. Prior to any such disclosure, we will ensure that anyone we disclose such information to is subject to any applicable data protection laws or regulations.

 

5. How long do we retain Personal Data?

Your Personal Data shall be retained for the period necessary to allow us to provide you access to the Swifood Platforms or to allow you to utilize the Swifood Services and to comply with the terms of this Privacy Policy, unless a longer retention period is required or allowed by law.

 

Once your Personal Data is no longer necessary to access the Swifood Platforms or use the Swifood Services, or we no longer have a legal or legitimate business purpose for retaining your Personal Data, we shall take reasonable steps to destroy, delete, erase, anonymize or prevent access or use of such Personal Data for any purpose other than to comply with this Privacy Policy, or for other legitimate purposes such as detection or prevention of criminal, fraudulent or other illegal activities,

security or community safety in accordance with the requirements of applicable laws.

 

6. Do we transfer your Personal Data internationally?

Sometimes it may be necessary for us to transfer your Personal Data outside of the jurisdiction in which you reside. We will only transfer your Personal Data outside of your jurisdiction in accordance with this Privacy Policy and in compliance with any applicable laws or regulations.

 

7. What about your tracking and cookies policy?

In order to optimise your use of the Swifood Platforms and the Swifood Services and to provide you with the best user experience possible, we routinely use devices such as cookies, tags, scripts, web beacons and other similar technology as part of the Swifood Platforms (collectively "Cookies"). When you use the Swifood Platforms, receive emails we send you, access our web pages or avail of the Swifood Services using any of your devices, you may be accepting to have these Cookies placed on your computer, mobile device or other equipment. These Cookies may transmit information or data, including Personal Data, about you and your use of the Swifood Platforms and web pages. This may include information about your browser, any searches you may have done or preferences you may have, your IP address, any advertisements that may have been presented to you or that you have clicked on or interacted with, and the time and date of any access or use by you. While some of these Cookies may be deleted after a specific session, others may continue to be stored on your computer or mobile device even after you have completed using the Swifood Platforms.

 

Swifood may also allow some of our third party partners to use their own Cookies on the Swifood Platforms and such third party partners may also collect the same type of information and Personal Data from your use of the Swifood Platforms. We may not necessarily have access to or control over the Cookies that third parties use and it is possible they may utilise some of the Personal Data they collect from you with other Personal Data they have about you through other sources.

 

It is also possible that Cookies may be used to share Personal Data with third parties that has been anonymised which can facilitate the display of targeted advertising on third party or social media platforms.

 

You may deactivate Cookies on the websites that you visit by changing your internet browser settings to disable, deactivate or block them and you can delete Cookies by deleting them from your device’s browser history or cache. However, there are some Cookies that are necessary to enable certain functionality on the Swifood Platforms and so changing your settings or deleting certain Cookies may affect your ability to utilize the Swifood Platforms or the Swifood Services.

 

8. How do we protect your information and Personal Data?

As previously mentioned, we know how your information and Personal Data is important to you. We will use reasonable technological and legal measures to ensure the protection of your Personal Data. We will use systems and measures to prevent unauthorized access to or use of your Personal Data and to prevent your Personal Data from being lost or stolen.

 

Any access to your Personal Data within Swifood will be limited to our employees and personnel on a need to know basis. Any processing of your Personal Data will be done so in an authorized manner and any individuals or persons carrying out such processing must treat any information they handle with the utmost confidentiality.

 

Despite the safeguards and measures we take to try to protect the security of your Personal Data, as you may be aware, the transmission of information via the internet or world wide web may not be completely secure and that online hackers and thieves are constantly attempting to breach security protocols. As such, we cannot guarantee the security of your Personal Data that is transmitted via the internet, world wide web or other online means and you should be aware that any transmission remains at your own risk.

 

The Swifood Platforms or your use of the Swifood Services may contain links or lead you to other applications or websites operated by other third parties, such as our business partners, merchants or payment gateways and processors. We are not responsible for the privacy practices of our business partners, merchants or payment gateways and processors or the applications or websites that they operate. We recommend and advise you to independently review the applicable privacy policies of such third parties to determine how they will handle any information they collect from you.

 

9. What are your rights with respect to your Personal Data?

We will adhere to applicable laws and regulations in the collection, processing and storage of your Personal Data. In that regard and in accordance with applicable laws and regulations, you may be entitled to:

 

inquire about how your Personal Data is processed, including requesting from us a copy of your Personal Data;

request any changes, corrections and/or (in some cases) deletion of your Personal Data;

withdraw or revoke your consent to the processing of your Personal Data;

ask us to transmit to you or another entity, in a machine-readable form, the Personal Data that you have provided to us; and

make a complaint to the relevant data privacy authority if you believe your data privacy rights have been or are being violated or that we have done something wrong with respect to your Personal Data.

Where we have asked you to share your Personal Data with us, it is always your right to choose whether to share your Personal Data with us or not and whether to consent to us processing your Personal Data or not. If you have agreed to provide your Personal Data to us and consented to our processing of that Personal Data, we will respect your choice to later withdraw that consent and will abide by your choice in accordance with applicable laws and our legal obligations. In the event that you have withdrawn your consent, we may still continue to process your Personal Data to the extent we are reasonably required to do so and/or in compliance with any applicable laws or regulations.

 

If you do choose not to share your Personal Data with us or you withdraw your consent to our use of such Personal Data, we may be unable to provide access to the Swifood Platforms and you may not be able to use the Swifood Services.

 

Where you make any request in relation to your Personal Data as outlined above, we may require you to provide us with supporting documentation and information to allow us to verify your identity and authority to make such request and any response we provide will be conditional on our satisfaction that your identity has been verified and within any timelines as prescribed by any applicable laws or regulations.

 

10. What if we amend our Privacy Policy?

We may modify, update or amend the terms of our Privacy Policy at any time by placing such updated Privacy Policy on our website or the Swifood Platforms. By continuing to access the Swifood Platforms or use the Swifood Services following us placing such modified, updated or amended Privacy Policy on our website or the Swifood Platforms, you shall be agreeing and accepting to such modifications, updates or amendments. You are responsible for checking back frequently to see if any updates, amendments or changes have been made to this Privacy Policy.

 

11. How can you contact us in relation to our Privacy Policy?

If you have any queries about our Privacy Policy or would like to exercise your rights as provided for under this Privacy Policy, you can contact our Data Protection Officer at:

 

Swifood Data Protection Officer

Email: dataprotection@swifood.ph