Dated: 29-01-2024

 

Terms of Service

By using our social network app (SwotsUp), you agree to comply with and be bound by these Terms and Conditions (together with business terms below, are the “Terms”). These terms are effective immediately for users with and without accounts from 29-01-2024.

These terms and conditions include dispute resolution provisions (page 11, clause 12) with limited exceptions to the (i) Claims you bring against SwotsUp be resolved by binding, individual arbitration and (ii) you waive your right to bring or participate in any class, group or representative action or proceeding.

These terms govern your access to and use of products and services including those offered by our website, events, communications (e.g. emails, products, calls, and texts), and mobile applications (collectively, the ‘Service’). By accessing or using the Service, you are agreeing to these Terms which bind you in a legal contract with The Swot’s Guide (Pvt.) Ltd. with its headquarters based in Karachi, Pakistan established under the laws of Pakistan

We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your SwotsUp account.

1. Parties: “You”and “your” refer to you, as a user of the service. A user is someone who accesses or uses the service. “We”, “us” and “our” refer to TSG, SwotsUp, and its subsidiaries
2. Content: “Content” encompasses text, images, photos, audio, video, and all other means of communication
3. “Your Content” refers to the content that you submit or transmit through the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, networking, following activity, direct messages, and information contributed to your user profile or used for a business page
4. “User Content” pertains to the content that users submit or transmit through the Service
5. “SwotsUp Content” comprises content created and provided by SwotsUp in connection with the Service
6. “Third-party Content” denotes content originating from entities other than SwotsUp or its users, which is made available in connection with the Service. “Service Content” encompasses all content made available in connection with the Service, including Your Content, User Content, SwotsUp Content, and Third-Party Content
7. Sites and Accounts: Users Site(s) means TSG & SwotsUp’s user website(s) (theswotsguide.com, www.swotsup.comand related domains) and mobile application(s)
8. User Account is the account that you create on SwotsUp
9. Business Account is the account that a business creates on SwotsUp

Account means any user or business account

This document may be translated into different languages for your convenience. Nevertheless, the English version governs your relationship with TSG/SwotsUp and any inconsistencies among different versions will be resolved in favor of the English version.

1. Eligibility:To utilize or access the Service, you must possess the necessary authority and capability to agree to these Terms. If you are a competitor of SwotsUp or have been previously banned from the Service or had your Account closed, you are prohibited from accessing or using the Service.
2. Permission to use the Service:We authorize you to use the Service, contingent upon compliance with these Terms. Your use of the Service involves inherent risks, including exposure to offensive, indecent, inaccurate, objectionable, incomplete, or otherwise inappropriate Content.
3. Service Availability:The Service may undergo modifications, updates, interruptions, suspensions, or discontinuations at any time without prior notice or liability.
4. Accounts:To access certain features of the Service, you must establish an Account and provide specific information about yourself. Maintaining the confidentiality of your Account password is your responsibility, as is all activity associated with your Account. Prompt notification of any unauthorized Account use is required. We retain the right to close your Account at our discretion.

Your User Account is intended for personal, non-commercial use only, and you may not create or use an Account for anyone other than yourself. Providing accurate information about yourself during Account creation is essential for enhancing your credibility as a Service contributor. Impersonation, use of an email address other than your own, creation of multiple Accounts, or transferring your User Account to another person without SwotsUp’s prior approval is prohibited.

1. Communications from SwotsUp and Others:By accessing or using the Service, you acknowledge and consent to receiving communications from other users and SwotsUp, either through the Service or via other channels such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may endorse SwotsUp or businesses listed on SwotsUp, or other users. You understand that communications may be sent using an automatic telephone dialing system, and your phone carrier may charge you for certain communications like SMS messages or phone calls. Immediate notification is required if there are changes or disconnections to the provided phone number(s). Please be aware that communications, including phone calls, with SwotsUp or through the Service may be monitored and recorded for quality assurance purposes.

1. Responsibility for Your Content:You are solely responsible for Your Content, and once posted on SwotsUp, it may not be retractable. You bear all risks associated with Your Content, including its quality, accuracy, and the disclosure of personal information. You affirm ownership or necessary permissions for Your Content’s use as described here and agree not to imply sponsorship or endorsement by SwotsUp. Liability may arise if Your Content is false, misleading, defamatory, violates third-party rights including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, or any other intellectual property, or contains unlawful material, including illegal hate speech or pornography; exploring or otherwise harm minors; violates or advocates the violation of any law or regulation; or violates these terms.
2. Our Right to Use Your Content:We have the irrevocable right to use Your Content in various ways, including public display, reformatting, incorporation into advertisements, and creating derivative works. You grant us worldwide, perpetual, non-exclusive, royalty-free rights to use Your Content for any purpose. Users of the Service and Other Media also have the right to access Your Content. You waive moral rights against SwotsUp and its users concerning Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content.
3. Ownership:You cannot use SwotsUp’s content unless otherwise authorized in special circumstances.
4. Advertising:SwotsUp and its licensees may display advertisements and paid content near or in association with Your Content. You are not entitled to compensation for such advertisements, and their manner, mode, and extent may change without specific notice.
5. Other:User Content, even if created by SwotsUp-employed or contracted users, does not necessarily reflect SwotsUp’s opinion. We have no obligation to retain or provide copies of Your Content, and confidentiality is not guaranteed. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion without notice. SwotsUp does not verify licenses for local businesses, except through the Verified License program, which displays a badge on verified businesses’ SwotsUp pages. We may remove your content if we believe that it violates our content guidelines.
   1. You retain ownership of the content you post, including images and descriptions of food (“User Content”). However, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your User Content to operate and promote the App.
   2. You are solely responsible for the accuracy, legality, and appropriateness of your User Content. You must have the necessary rights to post the content you share on the App.

1. Data Collection:SwotsUp collects various types of information, including personal information (such as name, email, and phone number), content you upload such as text, images, photos, audio, video, and all other means of communication, device information, location data, and usage information.
2. Use of Information:SwotsUp uses the collected data to provide and improve its services, personalize content, and communication among users, show relevant ads, and ensure the security of the platform.
3. Location Data:If you enable location services, SwotsUp may collect and use your location information for features nearest restaurants for food discovery.
4. Third-Party Services:SwotsUp may allow third-party services to access your information or integrate with the platform. These third parties are expected to have their own privacy policies, kindly refer to them for better understanding.
5. Advertising:SwotsUp may use data to deliver targeted ads.
6. Data Security:SwotsUp employs measures to protect user data, including encryption and other security safeguards.
7. Data Storage:If you would at any time like to review or change the information in your account or terminate your account, you can. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases as per the platform policy. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.
8. Data Sharing:SwotsUp may share information with third parties for various reasons, including service providers, law enforcement, business transfers, and with your consent.
9. Minors:We do not knowingly solicit data from or market to children under 13 years of age. By using the Services, you represent that you are at least 13 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 13 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 13, please contact us at hello@swotsup.com
10. Phone number validation:SwotsUp prioritizes transparency and reliability in its content universe. Phone number validation is a means to screen for bots/impersonators during the sign up process on the SwotsUp app. This feature underlines our commitment to a secure and authentic user experience.
11. Phonebook Access:SwotsUp may request access to your contact list for a seamless friend-finding experience within the app. This feature simplifies connecting with acquaintances who use the platform, enhancing user experience. Rest assured, we prioritize user privacy and employ strict security measures to protect your data. A user may choose not to allow access to the contact list.

We are not compelled to implement the Terms on your behalf in enforcing them against another user. While we encourage you to report any violations of the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

You represent and guarantee that you have read and understood our Content Policy & Privacy Policy. If you use the Service outside Pakistan, you consent to the transfer and processing of your personal data in Pakistan.

You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:

1. Violate our Terms, including Content Guidelines and Event Terms and Conditions
2. Post fake or defamatory reviews, trade reviews, or engage in compensated review activities
3. Infringe on any Third-party’s rights, including intellectual property rights
4. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination
5. Engage in mass messaging, keyword spamming, or manipulating search results
6. Solicit personal information from minors or transmit pornography
7. Violate any applicable law
8. Exploit the Service or Service Content (other than Your Content) without express authorization
9. Use automated devices to access or index the Service, except as expressly permitted
10. Reverse engineerany portion of the Service, unless applicable law prohibits this restriction, in which case you agree to provide us with 30 days’ prior written notice
11. Remove or modify copyright, trademark, or proprietary rights notices
12. Record, process, or mine information about users
13. Access the Service for constructing a searchable database of business reviews
14. Reformat or frame any portion of the Service
15. Imposing an unreasonable load on SwotsUp’s technology infrastructure
16. Attempt to gain unauthorized access through hacking or any other means
17. Transmit harmful elements like viruses or malware through the Service
18. Interfere with the proper working of the Service or its security features

Any violation of these terms may result in appropriate actions being taken by us.

1. Copyright and Trademark Disputes.

You agree to follow our Infringement Policy (as on page 14) in notifying us about copyright and trademark disputes concerning User Content. You agree we may forward any notification sent under our Infringement Policy to the user who submitted the User Content at issue.

1. Additional Terms.

Your use of the Service is subject to all additional terms, policies, rules, or guidelines that we may post on or link to from the Service (the “Additional Terms”). All such Additional Terms are hereby incorporated by reference into and made a part of, these Terms.

By sending us any ideas, suggestions, documents, or proposals (“Feedback”), you agree that

1. Your Feedback does not contain any Third-party confidential or proprietary information
2. You are under no obligation of confidentiality, express or implied, concerning the Feedback
3. We may have something similar to the Feedback already under consideration or in development
4. We have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback
5. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sub-licensable, transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against SwotsUp and its users any claims and assertions of any moral rights contained in such Feedback

The Service may host Third-party Content or include links to other websites or applications (each, a “Third-party Service”). We do not control or endorse any Third-Party Content or Third-Party Service. You agree that we are not responsible for the availability, accuracy, or content of any such Third-party Content or Third-Party Service. Your use of and reliance on any Third-party Content or Third-Party Service is at your own risk.

Some of the services made available through the Service and Third-party Services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted here. It is your responsibility to familiarize yourself with any such applicable Third-party terms.

By greeing to these Terms you agree to indemnify, defend, and hold harmless SwotsUp, our managing members, shareholders, employees, affiliates, licensors, and suppliers (the “SwotsUp Parties”) from and against any complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your use of the Services; (b) any User Content you post, upload, use, distribute, store or otherwise transmit through the Services; (c) your violation of these Terms; or (d) your violation of the rights of another.

Please carefully review this section as it restricts the liability of the SwotsUp Entities to you. Each subsection below only applies to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have, which may not be lawfully limited. By accessing or using the Service, you confirm that you have read, understood, and agreed to these Terms, including this section. You are forfeiting substantial legal rights by agreeing to these terms.

The Service and Service Content are provided to you on an “as is,” “with all faults,” and “as available” basis, with the understanding that the SwotsUp Entities may not monitor, control, or vet User Content or Third-Party Content. Therefore, your use of the Service is at your own discretion and risk. The SwotsUp Entities make no claims or promises regarding the quality, completeness, accuracy, or reliability of the Service, its safety or security, including the security of your data, or the Service Content. Consequently, the SwotsUp Entities are not liable for any personal injury, loss, or damage arising from factors such as the Service’s inoperability, depletion of battery power or other impairment of devices used to access the Service, service unavailability, security vulnerabilities, or your reliance on the quality, accuracy, or reliability of Business Listings, Ratings, Reviews (including their content or omission of content, order, and display), metrics, or other content found on, used on, or made available through the Service.

The SwotsUp Entities make no claims or promises regarding any Third-party, such as businesses or advertisers listed on the Service or that offer goods or services through the Service, or the Service’s users. Accordingly, the SwotsUp Entities are not liable for any personal injury, loss, or damage that might arise from any such Third-party’s actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the Service. Your purchase and use of products or services offered by third parties through the Service are at your discretion and risk.

Your sole and exclusive right and remedy in case of dissatisfaction with the Service, related services, or any other grievance shall be your termination and discontinuation of access to, or use of, the Service.

The SwotsUp Entities’ maximum aggregate liability to you for losses or damages that you suffer in connection with the Service or these Terms is limited to the greater of (a) the amount paid, if any, by you to the SwotsUp Entities in connection with the Service in the 12 months before the action giving rise to liability, or (b) USD100.

The SwotsUp Entities’ liability shall be limited to the maximum extent permitted by law; the SwotsUp Entities will not be liable for any (a) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (b) loss of profits or revenue, (c) business interruption, (d) reputational harm, (e) loss of information or data; or (f) liability concerning a user alert posted on any SwotsUp business pages for your business. The waivers and limitations will survive and apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

Except for excluded claims: any claim, cause of action, request for relief, or dispute that might arise between you and SwotsUp (“claims”) must be resolved by arbitration on an individual basis; you and we agree that each may bring or participate in claims against the other only in our respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and SwotsUp agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not otherwise preside over any form of a representative or class proceeding. You and SwotsUp expressly waive the right to trial by jury.

1. “Excluded Claims” means (a) Claims brought by you or SwotsUp that could be brought in small claims court, if permitted by the rules of that court, or (b) Claims related to intellectual property (like copyrights and trademarks). Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated by this provision, then only that Claim may be brought in court, and all other Claims remain subject to arbitration. Notwithstanding this paragraph, Business Claims of the additional Terms for Business Accounts, are governed by that section.
2. Excluded Claims and Claims that cannot be arbitrated must be brought in court. Pakistan law will govern these Terms (to the extent not preempted or inconsistent with federal law), as well as any such Excluded Claim or Claim that cannot be arbitrated, without regard to conflict of law provisions. You or SwotsUp may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within Karachi, Pakistan and you consent to the personal jurisdiction of these courts to litigate any such Claim.
3. You agree that any subpoena, third-party discovery request, or other third-party process directed to SwotsUp must be issued from, or be domesticated by, the state or federal courts located within Pakistan.

We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.

Except as otherwise stated, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms contain the entire agreement between you and us regarding the use of the Service and supersede any prior agreement between you and us on such a subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on SwotsUp’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except underwriting executed by SwotsUp.

If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sub-licensable by you except with SwotsUp’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and SwotsUp because of these Terms or your use of the Service.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

1. You agree not to use the Service for any unlawful, misleading, malicious, or harmful activities. This includes the dissemination of offensive, defamatory, or discriminatory content.
2. You must be at least 13 years old to use the Service. If you are under 13, you must have parental or legal guardian consent to use the App.

Our Privacy Policy outlines how we collect, use, and protect your personal information. By using the App, you agree to the terms of our Privacy Policy.

The App and its content, including logos, graphics, and features, are protected by intellectual property laws and are owned by us or our licensors. You may not reproduce, modify, distribute, or create derivative works based on the App’s content without our explicit permission.

SwotsUp reserves the right to terminate or suspend user accounts that violate these terms and conditions or for any other reason deemed necessary.

You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing SwotsUp with notice of termination here.

We may close your Account, suspend your ability to use certain portions of the Service, terminate any license or permission granted to you hereunder, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Service, Your Content, Service Content, or any other related information.

We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting on the App, and you will be notified of the updated terms through email or any other method before the change’s effective date. The date at the top of this page indicates when the terms and conditions policy was last updated.  You understand and agree that your continued use of the service after changes indicates your acceptance of the modified Terms.

The terms and conditions are governed by and construed per the laws of Pakistan. Any dispute arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of Pakistan.

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and SwotsUp.

This section is about account security.

After opening a SwotsUp account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account.

When you first create a SwotsUp account, we ask for your mobile number to verify your account. Please be aware that your carrier’s text messaging fees apply for mobile number verification.

This section describes how to provide notice to SwotsUp of content on SwotsUp that infringes the intellectual property rights of another and SwotsUp’s rights concerning that notice.

SwotsUp respects the intellectual property rights of others. Under the Copyright Ordinance, 1962 and other applicable laws, we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a Third-party’s copyright and, in appropriate circumstances and our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a Third-party’s copyrighted work.

This Infringement Policy outlines our procedures for addressing claims of infringement and our commitment to addressing intellectual property concerns in a timely and effective manner.

1. Intellectual Property Covered:SwotsUp recognizes the following types of intellectual property:

• Copyrights
• Trademarks
• Patents
• Trade secrets
• Other proprietary rights
  1. Reporting Infringement:If you believe that your intellectual property rights have been violated on the SwotsUp platform, please submit a written notice to our designated agent. The notice should include the following information:

1. A physical or electronic signature of the rights owner or authorized representative
2. Identification of the copyrighted work, trademark, or other intellectual property that has been infringed

• Sufficient information to locate the infringing material on the SwotsUp platform

1. Contact information, including your name, address, email address, and phone number
2. A statement that you have a good faith belief that the use of the material is not authorized by the rights owner, its agent, or the law
3. A statement, made under penalty of perjury, that the information provided in the notice is accurate and that you are the rights owner or authorized to act on behalf of the rights owner
   1. Designated Agent for Notice: SwotsUp’s designated agent for notice of claims of infringement can be reached at the following address:

Agent Name: Rizwan Ansar,

Mailing Address: D128/4 Block 4 Clifton,

Contact: +92-331-7242394

1. Action Upon Receipt of Notice: Once SwotsUp receives a complete and valid infringement notice, we will promptly investigate and take appropriate action, which may include:

1. Removing or disabling access to the infringing material
2. Notifying the alleged infringer of the infringement claim

• Providing the alleged infringer with an opportunity to submit a counter-notification
  1. Counter-Notification:If you believe that your material has been removed or disabled by mistake or misidentification, you may submit a counter-notification. The counter-notification must include:

1. Your physical or electronic signature
2. Identification of the material that has been removed or to which access has been disabled

• A statement, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled because of a mistake or misidentification

1. Your name, address, email address, and phone number
2. Consent to jurisdiction and service of process
   1. Repeat Infringers:SwotsUp reserves the right to terminate, suspend, or take other appropriate action against users who are repeat infringers of intellectual property rights.
   2. Modification of Policy:SwotsUp may update or modify this Infringement Policy at any time without notice. It is your responsibility to review this policy periodically to ensure compliance.
   3. List of Copyrights and Trademarks:

Words: The SWOT’s Guide, SwotsUp

Logos: TSG, theswotsguide, SwotsUp

By using the SwotsUp platform, you agree to abide by this Infringement Policy and acknowledge that any violations may result in appropriate actions, including the removal of infringing material and, in certain cases, the termination of user accounts.

SwotsUp welcomes comments, questions, concerns, or suggestions. Please send feedback to us by emailing us at hello@swotsup.com.

If you do not agree with these Terms, please do not use the App.

Thank you for using SwotsUp! Enjoy exploring and sharing your food experiences with our community of Swotties.