1. Terms of Use

These terms of use (the "Terms of Use") and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) (collectively "Policies") govern your use of our website www.swiggy.com/instamart (the "Website") and the "Instamart" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform (including continued use of the Platform after any changes have been notified to you), you shall be contracting with Instamart and you signify your acceptance to this Terms of Use and other Policies as amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

The Platform is owned and operated by Swiggy Instamart Private Limited, a company incorporated under the laws of India. For the purpose of these Terms of Use, wherever the context so requires, "you", "user", or "User" shall mean any natural or legal person who shall transact on the Platform by providing registration data during registration on the Platform as a registered user using any computer systems. The terms "Instamart", "we", "us" or "our" shall mean Swiggy Instamart Private Limited.

Instamart enables transactions on its Platform between participating merchants and buyers, dealing in (a) consumer goods, and (b) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Order/s") from a variety of products and services listed and offered for sale by merchants on the Platform ("Merchant/s"). Thereby, Instamart is merely acting as an intermediary between the Merchant and the Buyers, and the sale is being facilitated on the Instamart Platform, which is entirely different from, and outside of Swiggy Limited's platform.

Instamart delivers such Orders at select localities of serviceable cities across India via pick up and delivery partners ("PDP/s") ("Delivery Services"). The Platform Services and Delivery Services are collectively referred to as "Services".

For the Delivery Services, Buyers may be charged a delivery fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

2. Account Registration and Eligibility

2.1. Access to the Platform

You may gain access to the Platform (i) by registering to create an account or (ii) if You are a pre-existing customer of Swiggy Limited who has registered, accessed or used the services of Swiggy Limited prior to 31st March 2026 (collectively referred to as "Account"), or (iii) by registering to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Platform, as described below. Your use/access of the Platform is limited for the purposes stated, is subject to the Policies, and strictly not transferable.

As part of the functionality of the Platform Services, you may link your Account with Third Party Accounts, by either:

1. providing your Third Party Account login information to us through the Platform; or
2. allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS.

By granting us access to any Third Party Account, you understand that we will access, make available and store (if applicable) any content or information that you may have provided to and stored in your Third Party Account ("SNS Content") such that it is available on the Platform via your Account.

Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.

Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Platform.

In the event that a Third Party Account or associated service is rendered unavailable or our access to such Third Party Account is terminated by such SNS, then SNS Content will no longer be available on and through the Platform.

We will create your Account for your use of the Platform based upon the personal information you provide to us or that we obtain via SNS, as described above. You are permitted to have only one Account on Instamart and are not permitted to create multiple accounts. Instamart reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail the Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Policies, you shall immediately discontinue its use. Instamart reserves the right to terminate your usage and/or deny access to the Platform if it is brought to Instamart's notice that you are under the age of 18 years. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. You shall be solely responsible for any actions under your Account, whether or not authorized by you. You shall immediately notify us of any unauthorized use of your Account.

We shall at times and at our sole discretion reserve the right to disable any Account or user identification code or password in the event you fail to comply with any of the provisions of these Terms of Use.

As we are providing Services in the selected cities of India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.

You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Policies to the attention of all such persons accessing the Platform on your computer or mobile device.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.

We reserve the right to suspend or terminate your Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other Policies.

Products and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.

3. Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Policies at any time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. We may choose to notify you of the same for your perusal. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Policies and note the changes made on the Platform. Your continued use of the Platform and the Services after any change is posted, constitutes your acceptance of the amended Terms of Use and other Policies. As long as you comply with these Terms of Use, Instamart grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Policies (including but not limited to Cancellation & Refund Policy, Privacy Policy) as may be posted on the Platform from time to time.

Swiggy Instamart reserves the right to suspend/cancel, or discontinue any or all products or Services at any time without notice, make modifications and alterations in any or all of its contents, products and Services contained on the Platform without any prior notice.

4. Use of Platform and Services

All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price of products and/or services, applicable taxes, payment terms, warranties related to products and services (if any) and after sales services related to products and services (if any). Instamart does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Instamart may, however, offer support services to Merchants in respect to Order fulfillment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed between Instamart and the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and Instamart has no role to play in such determination of price in any way whatsoever.

Instamart does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. Instamart takes no responsibility for such offers.

Instamart neither makes any representation or warranty as to the specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Instamart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Instamart is not responsible for any unsatisfactory or non-performance of services or breach of any contract entered into between the Buyers and Merchants on the Platform. Instamart cannot and does not guarantee that the concerned Buyers and/or Merchants will perform or honour any transaction concluded on the Platform. Instamart is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

Instamart is only operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform take ownership of any of the products or services offered by Merchant. At no time shall Instamart hold any right, title or interest over the products nor shall Instamart have any obligations or liabilities in respect of such contract entered into between the Buyer and the Merchant.

Instamart is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Instamart shall notify the same to Merchant and may also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.

5. Obligations Pertaining to Usage of Platform

5.1. By using the Platform you represent and warrant that:

• All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
• Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
• All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and/or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
• You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.
• You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
• You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
• You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
• You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
• You will not discriminate against any Merchants, Buyers or PDPs based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.
• You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party.
• You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
  1. belongs to another person and which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. is misleading or misrepresentative in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
  9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  13. contains video, photographs, or images of another person (with a minor or an adult);
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, Instamart's prior written consent means a communication coming from the authorized personnel at Instamart, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
  16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  17. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
  18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  19. harm minors in any way;
  20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  21. violates any law for the time being in force;
  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. impersonates another person;
  24. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  25. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
  26. is false, inaccurate or misleading;
  27. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force; or
  28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
• You shall not 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 portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
• You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
• You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Swiggy Instamart', 'Instamart' or otherwise engage in any conduct or action that might tarnish the image or reputation, of Instamart or Merchant on the Platform or otherwise tarnish or dilute any Instamart's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Instamart's systems or networks, or any systems or networks connected to Instamart.
• You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
• You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You shall not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You shall not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Instamart and/or others.
• You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to GST, income tax, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
• In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information.
• You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform.
• It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Instamart shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding anything contained above, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Instamart views. In no event shall Instamart assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

You hereby acknowledge that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. You also acknowledge that it is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform.

Instamart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.

5.2. Terms of Service

• The Buyer agrees and acknowledges that Instamart shall not be responsible for:
  1. The services or products provided by the Merchants;
  2. The Merchant's services or products not being up to Buyer expectations or leading to any loss, harm or damage to him/her;
  3. The availability or unavailability of certain items/products;
  4. The Merchant serving the incorrect Orders; or
  5. Product liability of products provided by the Merchants.
• The details of the price list available on the Platform with respect to products or any other services are based on the information provided by the Merchants and Instamart shall not be responsible for any incorrect data, change or cancellation or unavailability.
• Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Merchants. Instamart will not be responsible for any delay in the delivery of an Order.
• Buyer understands that there may be certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. Instamart exercises no control on such delivery services and the same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. Instamart shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same.
• Buyer's Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer's Order will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of products and services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of Instamart.
• The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the products or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.
• The Buyer understands that Instamart's (including Merchant's and PDP's) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists in accordance with applicable law.
• Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/debit card.
• Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and PDPs.
• You agree and grant permission to Instamart to receive promotional SMS, messages, e-mails etc. from Instamart, allied partners or third parties. In case you wish to opt out of receiving such promotional communication please send a mail to support@swiggy.in.

6. Order Booking and Financial Terms

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Instamart will, subject to the terms and conditions set out herein, facilitate delivery of products or services.

Instamart does not own, sell, resell products or services on the Platform which are offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and feasibility and availability of Delivery Services.

As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed, unless there are terms and conditions that govern such an Order otherwise. However, upon Buyer's successful completion of booking/placing an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer's (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer's sole responsibility to bring any incorrect details to our attention.

In addition to the foregoing, we may also contact you by phone and/or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. You hereby agree and acknowledge that any change or confirmation of the Order shall be treated as final. It is clarified that Instamart reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.

All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You hereby agree and acknowledge that the payment facility provided by Instamart is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Instamart is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Buyers acknowledge and agree that Instamart acts as the Merchant's payment agent for the limited purpose of accepting payments from Buyers on behalf of the Merchant, as the case may be. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order made using the Platform, unless it is a cash on delivery Order. For the Delivery Services, in addition to the delivery charges, you may also be charged an amount towards delivery surge, which will form part of the Charges (defined below) for delivery of your Order facilitated by the PDP, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time ("Delivery Surge"). You agree that Instamart is authorized to collect the Delivery Surge for the Delivery Service provided. The Delivery Surge may vary from Order to Order, which may be determined on multiple factors which shall include but not be limited to Order value, distance, demand during peak hours. Instamart will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your Order regardless of your awareness of such Delivery Surge.

Buyer agrees to pay for the total amount for the Order placed on the Platform. Instamart will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the Charges. Please note that we cannot control any amount that may be charged to the Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.

Charges

Transactions conducted through the Platform may attract additional fees, including but not limited to delivery fees, handling fees, convenience fees, platform fees, packaging fees, small cart fees, surge fees, rain-related surge fees, late-night fees, or any other charges as may be applicable from time to time (collectively, "Charge/s"). All applicable Charges will be disclosed to you at the checkout stage before you confirm and place your Order. For details in relation to the Charges levied, please refer to the Platform checkout page. The details of such Charges will be made available at the checkout stage when they are applicable to your Order.

By proceeding with an Order, you expressly agree to pay the total amount displayed at the checkout page, including all applicable Charges. Such Charges may vary and may be determined based on factors including, but not limited to, cart value, delivery distance, time of day, delivery duration, Order demand, traffic conditions, weather conditions, seasonal peaks and other operational parameters as determined from time to time by the respective party levying such Charges.

Instamart may from time to time make available promotional offers on the Platform. Instamart reserves the right to amend, withdraw, modify, convert, suspend, or discontinue any such promotional benefits at any time without prior notice.

For each Order placed on the Platform, you may receive one or more separate invoices covering the sale of products, provision of services, and/or applicable Charges. The allocation of Charges across multiple invoices may be determined by Instamart or the relevant Merchant, depending on the items in your Order and levy of such Charges.

In connection with Buyer's Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform.

If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.

The final tax bill for the products and services sold by the Merchant will be issued by the Merchant to the Buyer along with the Order and Instamart is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Instamart holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.

The prices reflected on the Platform, for any additional services offered by the Merchant, are determined solely by the Merchant and are listed based on Merchant's information. On rare occasions, prices may change at the time of placing Order due to Merchant changing the product/service price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.

In order to continually improve and provide you with a seamless experience we need to ensure maintenance and upkeep of the Platform. For such upkeep and maintenance, we may charge a nominal non-refundable amount from you/Buyer as 'platform fees', which will form part of the Charges.

Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer's Order(s).

The Merchant shall be solely responsible for any warranty/guarantee of the products or services sold to the Buyers and in no event shall be the responsibility of Instamart.

The transactions are bilateral between the Merchant and Buyer, therefore, Instamart is not liable to charge or deposit any taxes applicable on such transactions.

7. Cancellations and Refunds

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

8. No Endorsement

We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other users.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

9. Additional Terms for Other Services

9a. Specific Terms with respect to Use of Platform for purchase of Pharmaceutical Products

Buyer can use the Platform for purchase of various medicines and pharmaceutical products from the pharmacy stores that requires a valid medical prescription issued by a medical expert/doctor to be provided to a registered pharmacist for the purpose of dispensing such medicines and pharmaceutical products ("Prescription Drugs"), offered for sale on the Platform by the Merchant. In Order to purchase Prescription Drugs from the Merchant through the Platform, Buyer is required to upload a scanned copy of the valid prescription on the Platform. The Order would not be processed by the Merchant until a copy of a valid prescription is uploaded on the Platform, which shall be in turn shared with the Merchant. The Merchant will verify the prescription uploaded by Buyer and in case of the Merchant observes any discrepancy in the prescription uploaded by Buyer, the Merchant may reject the Order. Buyer is also required to make the original prescription available at the time of delivery of the Prescription Drugs. Buyer shall allow the PDP to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.

Buyer understands and agrees that Instamart's Platform is merely a technology platform and the medicines and pharmaceutical products are sold by the Merchant. Instamart shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.

Buyer agrees and undertakes that he/she will not repeat the use of prescription for which drugs have already been dispensed. In case a Buyer found repeating the use of prescription, the Order will be cancelled immediately. In any event, Instamart shall not be responsible for any adverse effects or harm caused to Buyer.

Buyer agrees and confirms that he/she is completely aware of the indications, side effects, drug interactions, effects of missed doses or overdose of the medicines Buyer Orders through the Platform. It is imperative to seek professional advice from a medical practitioner before purchasing or consuming any medicine.

The Merchant/Instamart may maintain a record of the prescriptions uploaded by the Buyers.

9b. Tobacco Products

Buyer agrees and undertakes that he/she will not use the Platform to purchase cigarettes and other tobacco products if he/she is below the age of 18 years.

The PDP may request Buyer to provide a valid age proof at the time of delivery of cigarettes and/other tobacco products. Buyer agrees and undertakes to provide a valid age proof, if requested for verification. If the Buyer is below the age of 18 years the PDP shall cancel the Order. Buyer shall not place Order for loose cigarettes.

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

Delivery Address: The Buyer agrees and undertakes that he/she will not provide the address of any public place including but not limited to educational institution, hospital, religious places as delivery address for the Order. If the delivery address is found to be the address of a public place, Instamart reserves the right to immediately cancel the Order without being liable to process any refund.

Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

9c. Swiggy One, Swiggy Money & Affiliated Programs

Swiggy Instamart Private Limited is an affiliate of Swiggy Limited. Certain services, including loyalty programs, gift PPIs etc. may be provided or administered by Swiggy Limited for and on behalf of Swiggy Instamart Private Limited.

(i) Swiggy One and Swiggy One Lite Membership Program Specific Terms

Effective from 30th August 2023

These are the terms and conditions ("Terms") for Swiggy One or Swiggy One Lite ("Swiggy One or Swiggy One Lite") membership program and offered by Swiggy Limited ("Swiggy") to its users on its platform as well as the Users on the Instamart platform. These Terms shall govern your use of our service offered under Swiggy One or Swiggy One Lite membership program. Please read these Terms carefully before you subscribe to the Swiggy One or Swiggy One Lite membership program. These Terms are subject to modifications, to comply with legal requirements. You have the following options under the Swiggy One or Swiggy One Lite membership program and you can choose from these options at your sole discretion basis the suitability.

Swiggy One or Swiggy One Lite Plans: The distances from the Merchant's location to the Buyer's location shall be captured as per Google map driving directions data at the time of placing the Order. Swiggy shall not be held responsible or liable for the accuracy or efficacy of such data.

The Swiggy One or Swiggy One Lite benefits are available to Orders above a certain amount. Please check FAQs for more details.

With Swiggy One, users will pay no delivery fee on Instamart Orders above Rs 199. The number of free deliveries depends on subscription.

Subscription Fee, Payment and Activation: Swiggy shall charge and You agree to pay such membership fee, as may be determined by Swiggy from time to time. You can use Credit Card, Debit Card, Net Banking, Swiggy Money and the other available third-party payment options to subscribe to the Swiggy One program or Swiggy One Lite program. However, Cash on Delivery (COD) payment option can be used to subscribe to the Swiggy One program only when clubbed together with the placed Order. The subscription shall be activated upon successful payment through the Swiggy Platform. In case Swiggy One or Swiggy One Lite membership is purchased along with an Order and if such Order is canceled, then the membership shall also stand cancelled and the Swiggy One or Swiggy One Lite membership subscription amount will be refunded. You can access the detailed FAQs in the Help Section.

No Cancellation or Termination: Swiggy One or Swiggy One Lite membership once purchased, cannot be cancelled or terminated in the effective period of the membership.

Modification/Cancellation of membership by Swiggy: Swiggy may cancel or modify Your Swiggy One or Swiggy One Lite membership at its sole discretion without notice. If we do so, we will issue a prorated refund based on the number of full months remaining in your Swiggy One or Swiggy One Lite membership. However, Swiggy will not give any refund for cancellation of Swiggy One or Swiggy One Lite membership related to conduct that we determine, in our sole discretion, violates these Terms, or Terms of Use or any other Swiggy Policies or any applicable law, or any conduct that we in our sole capacity decide involves fraud or misuse of the Swiggy One or Swiggy One Lite membership, or is harmful to our interests or another user, participating restaurant/Merchant or any PDPs. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Important notice: These Terms are special terms and as such restricted to only Orders placed through Swiggy platforms and the Instamart platform, and when You are a Swiggy One or Swiggy One Lite member and as such does not supersede these Instamart Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice by posting changes on the Platform and you shall be responsible to update yourself of such changes, if any, by accessing the changes on the Platform. Your continued usage of the Swiggy One or Swiggy One Lite program after any change is posted, constitutes your acceptance of the amendments made to the Terms.

General Terms & Conditions: Swiggy reserves the right to accept or refuse membership in its sole discretion. Swiggy may send you an email, or other communication related to Swiggy One or Swiggy One Lite membership (regardless of any settings or preferences related to your Swiggy account).

You may not transfer or assign your Swiggy One or Swiggy One Lite membership or any Swiggy One or Swiggy One Lite benefits, except as allowed in these Terms.

From time to time, Swiggy may choose in its sole discretion to add or remove Swiggy One or Swiggy One Lite membership benefits.

Swiggy reserves the right to offer this Swiggy One or Swiggy One Lite membership in select cities and for select Merchants, at its sole discretion.

Swiggy One or Swiggy One Lite membership feature is available only on the platforms that Swiggy, in its sole discretion, determines. Free deliveries are applicable only to Instamart Orders, subject to the minimum Order amounts as enumerated under the relevant platform services interface being met by You.

Swiggy One or Swiggy One Lite membership can be used only on 2 devices at a time. Swiggy One or Swiggy One Lite membership is priced for individual and personal usage. Having a 2 device limit reduces the instances of misuse. This will ensure that Swiggy is able to serve its members in the most optimal way while still maintaining fair usage within reasonable parameters. This ensures that Swiggy continues to make the membership affordable for all consumers and sustainable for Swiggy.

(ii) Swiggy Money

For Swiggy Money users (applicable to the users who have created the wallet with ICICI before June 30, 2023): You agree and acknowledge that, for any positive balance remaining in the Swiggy Money powered by ICICI, you have or will receive the Gift Card of equivalent amount from Swiggy and once the gift card is received by you, there shall be no further concerns regarding the amount in Swiggy Money.

Limitation of Liability

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN SWIGGY'S CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SWIGGY. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR SWIGGY ONE MEMBERSHIP.

All disputes related to this Swiggy One Membership will be subject to the exclusive jurisdiction of courts of Bangalore only.

As such, all other terms and conditions listed hereinbefore shall also be applicable to this Swiggy One Membership and the same need not be expressly repeated herein.

10. Indemnity

You release and fully indemnify Instamart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding the reasonable efforts on its behalf, Instamart cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

11. Access to the Platform, Accuracy and Security

We endeavour to make the Services available during Merchant or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.

We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.

We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an "Operator").

Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.

You and we acknowledge that these Terms of Use are concluded between you and Instamart only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

12. Disclaimers

THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.

DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.

WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/DEBIT CARDS.

YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIM YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S/MERCHANT'S/PDP'S SERVICES.

INSTAMART DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.

WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.

THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND/OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.

WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us — You may write to us at legal@swiggy.in for any other queries with regard to Instamart.

13. Intellectual Property

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property rights, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.

You recognize that Instamart is the rightful owner of the word mark 'Swiggy Instamart', 'Instamart' and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Swiggy Instamart's or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at brand-protection@swiggy.in with all relevant information.

You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

14. Third Party Content

We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By accessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and/or from third-party sites to the Platform, although we are under no obligation to do so.

15. Severability

If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

16. AI-Enabled Access and Automated Interactions

a. AI-Enabled Access

Instamart may permit users to access certain features of the Platform through artificial intelligence-enabled tools, digital assistants, or automated agents, including those operated by third parties ("AI Assistants"). Such features may include browsing restaurants, creating or modifying Orders, placing Orders, managing deliveries, or accessing account-related information.

b. User Authorization and Consent

By enabling or using any AI Assistant in connection with your Instamart account, you expressly authorize Instamart to accept and act upon instructions, requests, and actions initiated via such AI Assistant as if they were initiated directly by you through the Platform.

You acknowledge that any transaction completed through an AI Assistant shall be deemed valid, binding, and authorized by you.

c. User Responsibility

You are solely responsible for ensuring the accuracy of all instructions provided through AI Assistants, including Order items, quantities, delivery details, and payment information.

Instamart shall not be liable for any loss, error, or dispute arising from inaccurate, incomplete, or unintended instructions issued through AI Assistants.

d. Limitations of AI-Assisted Features

AI-assisted features rely on automated systems and may generate unintended, incomplete, or inaccurate outcomes. Instamart does not guarantee the accuracy, reliability, or suitability of actions or recommendations generated through AI Assistants.

Instamart reserves the right to modify, suspend, or discontinue AI-enabled features at its discretion.

e. Disclaimer

AI-assisted features are provided on an "as-is" and "as-available" basis. To the maximum extent permitted under applicable law, Instamart disclaims all warranties arising out of the use of AI-enabled features.

17. Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

18. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at New Delhi, India.

19. Waiver

Any waiver of any provision of this Terms of Use, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.

20. Contact Us

In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020, the name and contact details of the Grievance Officer/Nodal Officer are provided below:

21. Notice and Take Down Policy Template and Procedures

Instamart has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site.

Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights' owner and encouraging them to contact us. Note: Instamart does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, Swiggy Instamart is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Instamart.

Reporting Instances of Intellectual Property Violations: To file a notice of infringement with Instamart, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. The User hereby acknowledges and agrees that, should the User materially misrepresent that any content or material on the Platform infringes the User's intellectual property rights, the User shall be responsible for all damages, including but not limited to costs and reasonable attorneys' fees, incurred by the Instamart or any affected third parties as a result of such misrepresentation. It is strongly advised that the User, uncertain of their ownership of the intellectual property rights in question, seek legal counsel prior to making any such claims of infringement on the Platform.

To expedite our ability to process your request, the below format shall be used:

• Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Instamart to locate the material.
• Information reasonably sufficient to permit Instamart to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted.
• The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law".
• The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed".
• Sign the document with either your physical or electronic signature.
• Send the written communication to: grievances@Swiggy.in.

Format of Notice of Infringement