Effective Date: 1/Nov/2025
Last Updated: 1/Nov/2025

Welcome to Swayo, India’s first commission-free pickup and self-delivery ordering app.
By downloading, accessing, or using the Swayo mobile application or website (“Platform”), you agree to comply with and be bound by these Terms & Conditions.

1. Definition

  • “Swayo,” “Company”, “the Company”,  “Platform”, “we,” “our,” or “us” refers to Hitbyseo Digital Marketing & Innovations LLP, operating the Swayo app.
  • “User”, “You”, “Your” refers to any individual using the app to place food orders for pickup or self-delivery.
  • “Restaurant Partner” or “Business”  refers to any food establishment or a Business listed on the Platform.
  • “Order” means a request placed by a User for food or beverage items through the App.

2. Use of the Platform

  • You must be 18 years or older to register and use the Swayo App.
  • You agree to use the Platform only for lawful purposes.
  • Swayo reserves the right to suspend or terminate any account found in violation of these Terms.

3. Service Overview

  • Swayo connects Users directly with Restaurants for pickup and self-delivery orders.
  • Swayo does not prepare food.
  • Restaurants are solely responsible for the availability, quality, and fulfillment of pickup orders. Further Restaurants are solely responsible for the availability, quality of Self-delivery orders.

4. Pricing & Payments

  • Menu prices displayed are store rates, provided directly by the Restaurant Partner.
  • Payments are processed through secure, RBI-compliant gateways (UPI, credit/debit card, wallets, etc.).
  • Swayo does not charge a commission on restaurant orders.
  • Refunds, if applicable, are handled by the restaurant and processed within 5–7 business days.

5. Order Acceptance & Cancellation

  • Restaurants reserve the right to accept or decline an order.
  • Once confirmed, an order cannot be canceled or modified unless permitted by the restaurant.
  • If a restaurant cancels due to unavailability, full refunds will be initiated to the User’s payment method in 2-5 working days. 
  • User acknowledge that in the event of: (a) Your cancellation, or attempted or purported cancellation of an Order, or (b) cancellation due to reasons attributable to User, including but not limited to providing incorrect particulars, contact number, delivery address etc., or that User were unresponsive, not reachable or unavailable for fulfilment of the Services offered to You, you shall be liable to pay the full Order value. You hereby authorize us to deduct or collect the amount payable through such means as we may determine at our discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
  • There may be cases where we are either unable to accept your Order or We cancel the Order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to us or the Restaurant Partner. In such cases, we shall not charge a cancellation charge from You. If the order is cancelled after payment has been charged and You are eligible for a refund of the Order value or any part thereof, the said amount will be reversed to you, in accordance with section 5.
  • No replacement / refund / or any other resolution will be provided without Restaurant Partner’s permission.
  • Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or products contained in the Order, poor quality etc., You will be required to share the proof of the same before any resolution can be provided.
  • You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner on a best-efforts basis.
  • All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

6. Pickup & Self-Delivery

  • For pickup orders, Users must collect the food within the designated pickup window.
  • For self-delivery, restaurants may choose to deliver directly without third-party logistics and customers can leverage the option for self-delivery provided on the Swayo app.
  • Swayo is not liable for order delays, temperature, or quality once the food is handed over.

7. Restaurant Responsibility

  • Restaurants are responsible for maintaining accurate menu listings, pricing, and FSSAI compliance.
  • Any disputes related to food quality, hygiene, or safety must be resolved between the restaurant and the customer.

8. User Responsibilities

    User agrees: 

  • To use the Services only for purposes that are permitted by the T&Cs and applicable laws, regulations or generally accepted practices or guidelines in India.
  • To use the Services only for personal use/purposes and not for re-sale purpose
  • Not to access (or attempt to access) any of the Services by any means other than the Platform interface that is provided by us.
  • Not to access (or attempt to access) the Platform through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with the instructions set out in any robots.txt file present on the Platform.
  • Not to engage in any activity that interferes with or disrupts the Platform or the Services (or the servers and networks which are connected to the Platform). You shall not attempt to delete or revise any material or information posted by any other Consumers, shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
  • Not to misbehave with or engage in any activity that is discriminatory to the Restaurant Partner and/or Swayo Delivery Partners and/or Third Party Delivery Partners, on the basis of caste, sex, race, religion, or place of birth.

9. Intellectual Property

  1. All content on the Swayo app — including logos, visuals, and text — is the property of  Hitbyseo Digital Marketing & Innovations LLP.  You may not reproduce or distribute them without written permission.
  2. We are the sole and exclusive owners of the Platform and our content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Platform and the Services, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary laws.
  3. You acknowledge that the Platform contains original works and has been developed, compiled, prepared, revised, selected, and arranged by us and constitutes valuable intellectual property. You further acknowledge that the Platform may contain information which is designated as confidential by us and that You shall not disclose such information without Our prior written consent.
  4. To the fullest extent permitted by applicable laws, We neither warrant nor represent that Your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Us. You agree to immediately notify us upon becoming aware of any claim that the Platform/ Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.
  5. You may use information made available through the Platform solely for Your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our content in whole or in part except as expressly authorized by us.
  6. Except as otherwise expressly granted to You in writing, we do not grant You any other express or implied right or license to the Platform or our intellectual property rights.
  7. Any violation by You of the provisions contained in this Section may result in the immediate termination of Your right to use the Platform or avail the Services, as well as potential liability for infringement of intellectual property, depending on the circumstances.

10. Limitation of Liability

  1. Hitbyseo Digital Marketing & Innovations LLP (“the Company”) provides a technology Platform that serves solely as an intermediary between Users and Restaurant Partners or Business.
    The Company does not engage in the preparation, handling, or delivery of items and is not responsible for any aspect of food preparation, service, or related outcomes, including indirect losses such as loss of profits or data.
  2. The Company shall not be held liable for any act or omission on the part of the Restaurant Partner, including but not limited to: service deficiencies, incorrect or delayed orders, mismatched items, quality or quantity issues, inaccurate pricing, or delays in preparation or delivery.
    In cases where delivery is performed by a Third-Party Delivery Partner, the Company shall not be liable for any delays, errors, or deficiencies associated with such delivery.
  3. The Restaurant Partner is solely responsible for any warranty, guarantee, or assurance regarding the food, beverages, or products sold through the Platform. The Company shall have no liability in this regard.
    Any taxes charged for deliveries made by third-party partners are based on the assessment or interpretation of such partners or the Restaurant Partner. If a user has concerns regarding taxes applied to their order, such concerns shall be addressed directly in accordance with the position adopted by the respective third-party partner or Restaurant Partner.
  4. Under no circumstances shall the Company be liable to You or any third party for indirect, consequential, incidental, or special damages, including but not limited to loss of profits, anticipated savings, or inability to use the Platform or related technology. This limitation applies under all possible causes of action — whether in contract, tort (including negligence), product liability, strict liability, or any other legal or equitable theory — regardless of whether the Company was advised of the possibility of such damages.
  5. Notwithstanding anything to the contrary contained herein, the Company’s total aggregate liability under these Terms & Conditions shall not exceed INR 2,000 (Rupees Two Thousand only).

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and employees from and against any and all third-party claims, damages, losses, actions, liabilities, or expenses (including reasonable legal fees) that may arise from or relate to:

  1. Your content or submissions;
  2. Your unauthorized use of the Platform or any products/services offered;
  3. Your access to or use of the Platform and its Services;
  4. Any infringement or violation of a third party’s rights; or
  5. Your breach of these Terms & Conditions.

The Company reserves the exclusive right to settle, compromise, or pay any claim or cause of action brought against it without your prior consent. The Company also retains the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to fully cooperate in such defense.

You agree not to settle any claim or matter involving the Company without obtaining its prior written consent. The Company will make reasonable efforts to notify you of any such claim, action, or proceeding once it becomes aware of it.

11. Indemnity

You agree to indemnify and hold  harmless from any claims, damages, or liabilities arising from your use of the app or violation of these Terms.

12. Modifications

We may modify these Terms at any time. Updated versions will be posted on the app/website. Continued use of the Platform constitutes acceptance of the revised Terms.

13. Governing Law & Jurisdiction

These Terms shall be governed by the laws of India.

All disputes shall fall under the jurisdiction of the courts of Bengaluru, Karnataka.

14. Contact Us

For queries or grievances:  support@swayonow.com