Hello Dear Shopper

Here you can find all the terms and conditions that we apply in order to perform our provided services at the highest level of our standards. If you’re here, that means you’re smart enough to read them carefully if you want to know fine details of our services.

End–User License Agreement and Terms of Use

Updated 24 July 2019

This End-User License Agreement and Terms of Use (“EULA”) is a legal agreement between you (either as an individual or on behalf of an entity) and Algorythma – Sole Proprietorship L.L.C., a limited liability company incorporated in the United Arab Emirates, under license number CN-2362543, and having its registered address at P.O. Box: 112230, Al Bateen, Tower C2, Floor 14, Abu Dhabi, United Arab Emirates (“Algorythma”), regarding your use of the software ‘Swan’ (“Software”). Swan is a digital shopping application which enables you to shop at participating supermarkets, and which essentially connects you with supermarkets, and offers a comprehensive solution including payment and delivery services.

1.Introduction

For the proper and legal use of the Software, you must agree to all the terms set out in this EULA. 

This Software is provided "as-is" with no warranties, and you agree that Algorythma is not liable for any result and / or action and / or inaction arising out of or pursuant to the use of the Software and to any action related thereto as set out below.

2.Agreement

You agree that by downloading, installing, and / or using the Software and by creating an account or similarly, registering, or accessing the Software, you are agreeing to enter into a legally binding agreement with Algorythma (even if you are using the Software on behalf of a company). If you do not agree to the terms of this EULA, do not access or otherwise use the Software.

3.Change

We may modify this EULA, our Privacy Policy and Cookies Policy at our sole discretion from time to time and without necessarily notifying you. If you disagree with any changes, you must close your account and discontinue use of the Software. Your continued use of the Software after changes to these terms means that you are consenting to the updated terms.

4.License
This EULA entitles you to use the Software for any lawful purpose consistent with the terms contained in this EULA and all applicable legislations and regulations. Your license to use the Software is expressly conditioned upon your agreement to all of the terms contained in the EULA. Algorythma reserves all other rights not granted to any third party by this EULA.

5.Operating system requirements

This Software requires an Android / iOS (only for iPhone and iPad) capable device with a minimum of 300mb of memory and the Android 5.0 or iOS 10 or above operating system. 

6.Eligibility

The Software is not for use by anyone under the age of eighteen (18) years old. (“Minimum Age”).

To use the Software, you agree that: (i) you must be the minimum age or older; (ii) your minor (below the age of 18) received permission from you in your capacity as parent or guardianto use the Software and under your supervision; (iii) you will only have one account, which must be in your real name; (iv) you are not restricted by all applicable laws and regulations and / or Algorythma from using the Software; (v) creating an account with false information is a violation of the terms stipulated in this EULA; and (vi) you comply and will comply with the terms contained in this EULA and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the Software on behalf of a business or an entity, you hereby state that you are legally authorized to act on behalf of such business or entity.

7.Rights We Grant You

Algorythma grants you a personal, limited, worldwide, non-assignable, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Software. This license is for the sole purpose of using and enjoying the Software’s services and benefits in accordance with the terms of this EULA.

Any software that we provide you may automatically download and install upgrades, updates, or other new features, whereby you may be able to adjust these automatic downloads through your device’s settings.

8.User Data

Algorythma does not claim any intellectual property rights over the user data including any data you upload to the Software. Your user data uploaded remains your property, but you grant Algorythma the right to use the data for the purposes of the Software and for data analytics. Algorythma will not re-distribute, publish or disclose publicly any uploaded user data unless required by law.

Algorythma has the right, in its sole discretion, to refuse or remove any user data that is uploaded on the Software.

9.Restrictions
When using the Software, you must use it in compliance with the terms contained in this EULA and with the applicable laws.

You may not:

sell, resell, rent, exchange, add, modify, temper, distribute, lease, sub-license, loan, provide, or otherwise make available, the Software in any form, in whole or in part to any person without the prior written consent of Algorythma;

copy the Software, except as part of the normal use of the Software or where it is necessary for the purpose of back-up or operational security;

translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary for the purpose of using the Software on devices as permitted in this EULA;

disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do so.

Your hereby undertake to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Software.

10.Algorythma and Third Party Rights

You must respect Algorythma’s rights. This EULA does not grant you any right to do any of the following (or enable any third party to do so): (i) use branding, logos, designs, photographs, videos, or any other material used in the Software; (ii) copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Software or the content on the Software except as set forth in this EULA;and (iii) use the Software, any tools provided by the Software, or any content on the Software for any commercial purposes without Algorythma’s consent.

Algorythma respects the rights of others and you therefore may not use the Software, or enable any third party to use the Software, in a manner that (i) violates or infringes a third party’s rights of publicity, privacy, copyright, trademark, or any other intellectual-property right; (ii) bullies, harasses, or intimidates; (iii) defames; and (iv) spams or solicits other users.

11.Third-party Products and Content
You agree that Algorythma does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Software. If you purchase, use, or cases any such products, content, services, advertisements, offers, or information through the Software, you agree that you do so at your own risk and that Algorythma will have no liability based on such purchase, use, or access. 

12.Third Party Services
The Software shall enable you to arrange delivery services and/or delivery to purchase certain goods with third party providers of such services and goods (“Third Party Providers”). Unless otherwise agreed by Algorythma in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE SOFTWARE DOES NOT ESTABLISH ALGORYTHMA AS A PROVIDER OF DELIVERY SERVICES.

13.Product’s Information and Pricing
You agree Algorythma is not liable under any circumstances whatsoever for any error, misrepresentation, deviation, and / or misinformation relating to the specification and / or pricing of any product. You Acknowledge that the prices and availability of the products are subject to change without any prior notice.

14.Intellectual Property Rights

You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and Algorythma owns all right, title and interest in and to the Software and content, including without limitation all Intellectual Property Rights therein and thereto. This EULA grants you no rights to use such content in any way. All rights not expressly granted are strictly reserved by Algorythma.  For the purpose of this clause, “Intellectual Property Rights” shall mean any and all rights existing before and after your acceptance to the terms contained in this EULA under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 

15.Copyright

Algorythma does not take any responsibility for the infringement of a third party’s copyright by a user. 

If you believe that anything on the Software infringes a copyright that you own or control, please file a notice by email to our customer service team at support@swan.shop

16.Indemnification

You agree to defend, indemnify and hold harmless Algorythma and its officers, directors, employees, agents, shareholders, affiliates (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Software or from any breach by you of this EULA, including without limitation any actual or alleged violation of any law, rule or regulation. 

17.Safety

By using the Software, you agree that:

  1. You will not use the Software for any purpose that is illegal or prohibited as per the terms of this EULA.
  2. You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Software or extract other user’s information.
  3. You will not use or develop any third-party applications that interact with the Software or other users’ content or information without Algorythma’s written consent.
  4. You will not use the Software in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Software, or that could damage, disable, overburden, or impair the functioning of the Software.
  5. You will not use or attempt to use another user’s account, username, or password without their permission.
  6. You will not solicit login credentials from another user.
  7. You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
  8. You will not upload viruses or other malicious code or otherwise compromise the security of the Software.
  9. You will not attempt to circumvent any content-filtering techniques Algorythma employs, nor will you attempt to access areas or features of the Software that you are not authorized to access.
  10. You will not probe, scan, or test the vulnerability of the Software or any system or network.
  11. You will not encourage or promote any activity that violates the terms contained in this EULA.

18. Privacy

Your privacy matters to us. You can learn how we handle your information when you use the Software by reading our Privacy Policy and Cookies Policy available through the Software. We encourage you to review and familiarize yourself with the Privacy Policy and Cookies Policy because, by using the Software, you agree that Algorythma can collect, use, and share your information as per these two policies. 

All users in the European Union are subject to the European General Data Protection Regulation of April 27, 2016 (Regulation (EU) 2016/679) (GDPR) which is available on https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN.

19 Disclaimer and Limitation of Liability

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. Algorythma does not warrant that (i) the Software will meet your specific requirements; (ii) the Software is fully compatible with any particular platform; (iii) your use of the Software will be uninterrupted, timely, secure, or error-free; (iv) the results or conversion that may be obtained from the use of the Software will be accurate or reliable; (v) the quality of any products, services, information, or other material purchased or obtained by you through the Software will meet your expectations; or (vi) any errors in the Software will be corrected.

YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND ALGORYTHMA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE OFFERING. ALGORYTHMA DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE SOFTWARE OFFERINGS WILL BE ERROR FREE. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALGORYTHMA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES AND LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ALGORYTHMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO THE SOFTWARE AND / OR ANY DEATH OR INJURY ARISING FROM AND / OR PURSUANT TO THE USE OF THE SOFTWARE, including: (i) the use or the inability to use the Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the Software; (v) the loss of any data belonging to the user or any other third party; or (vi) any other matter relating to the Software.

Algorythma reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Software (or any part thereof) with or without notice. Algorythma shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Software.

You agree to defend, indemnify, and hold Algorythma, its officers, directors, employees and agents, subsidiaries and affiliates, and each of their officers, directors, employees and agents, harmless from and against any loss, liability, claim, demand, damages, costs, expenses, death and injury arising out of or in any way connected with (i) your access to or use of the Software’s site, content, user content and processing of user data; (ii) your violation of this EULA; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; (iv) the accuracy of the results and/or conversion resulting from the use of the Software; or (v) any claim that one of your user content caused damage to a third party.

20. Termination

Algorythma reserves the right to, at its sole discretion, limit your use of the Software and to restrict, suspend, or terminate your account if it believes that you may be in breach of this EULA or applicable legislation or are misusing the Software in any way whatsoever.

Both you and Algorythma may terminate this EULA at any time by deleting your account. On termination, you lose the right to access or use the Software and all of the data that you may have uploaded and / or inputted into the Software. The following shall survive termination (i) our rights to use and disclose your feedback; 

21. Support of Software and Feedback

If you wish to contact us regarding a suggestion, complaint or compliment regarding the Software and / or the products purchased and / or delivery, please email our customer service team at support@swan.shop

22. General Terms
1. To the extent allowed by law, the English language version of this EULA is binding and other translations are for convenience only.

2. The failure of Algorythma to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

3. Each of the paragraphs of this EULA operates separately. If any court or any relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

4. This EULA constitutes the entire agreement between you and Algorythma and governs your use of the Software, superseding any prior agreements between you and Algorythma (including, but not limited to, any prior versions of the EULA).

5. You agree that (i) the laws of United Arab Emirates shall exclusively govern any dispute relating to this EULA and / or the Software and (ii) this EULA and any dispute, contest and claim related thereto shall be finally resolved by the courts of the United Arab Emirates.

23. Promotion Codes

1. Promotion code expires on the date indicated in the Software or as indicated in the promotional offer and may expire prior to actual use of the promo code, without liability to Algorythma. 

2. A discount will be applied to the total purchase price with a qualifying minimum spend as described in the promotional offer. 

3. The promotion code must be used for the intended audience and purpose, and in a lawful manner. The promotion code cannot be used retrospectively for prior purchases. In order to take advantage of the promotion code, you must have a valid account on the Software with a valid form of accepted payment on the Software.

4. Algorythma reserves the right to modify or cancel the promotion codes at any time. The promotion code may not be sold, copied, modified, or transferred. Algorythma is not a retailer or seller, therefore the promotion code does not constitute as an offer or offer for sale. The promotion code is non-binding in nature.

5. A promotion code shall be deemed void where such promotion code is restricted or prohibited by law. The promotion code has no cash value.

24. Terms for Free Delivery

1. Free standard delivery is only available on a minimum purchase order which is based on the distance between the delivery location and location of the retailer’s store from which the order has been placed. Delivery charges will not be refunded once an order is placed.

2. If the products, from an order eligible for free delivery, are returned and the value of the products becomes less than the free delivery threshold based on the distance between the delivery location and location of the retailer’s store from which the order has been placed, the value of the returned products shall be refunded minus the cost of the delivery and packaging.

3. Algorythma reserve the right to discontinue a free delivery promotion at any time without prior notice and/or to change the amount required for eligibility.

4. Please also note that the free delivery threshold is determined by the order value after any promotional code has been deducted.

5. Refunds and / or replacement of products must be directed to Algorythma, and any such refund and / or replacement shall be treated in accordance with the terms and conditions of the Retailer. 

25. Retailer Promotion Codes

1. The Software may from time to time list promotions of third-party retailers (the “Retailer Promotion Codes”).

2. The Retailer Promotion Codes shall be governed by the terms and conditions of the third-party retailers.

3. You agree that Algorythma does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third-party retailers and made available through the Software.

If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Software, you agree that you do so at your own risk and that Algorythma will have no liability based on such purchase.

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