THESE TOS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SWISH, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THESE TOS CAREFULLY BEFORE ACCESSING AND/OR USING ANY OF OUR SERVICES. By accessing and/or using the Services, you are agreeing to these TOS, as well as our Privacy Policy and additional guidelines, policies or rules applicable to specific services and/or features that are a part of, or may be from time to time made a part of, our Services (collectively, the "Guidelines"), such as subscription-based services, contests or sweepstakes. Subject to applicable law, the Guidelines are a part of these TOS and are expressly incorporated herein by this reference; provided that in the event of a conflict between any specific Guideline and these TOS, the terms of any such Guideline shall prevail over these TOS. If you do not agree to any of these TOS, you must cease use of our Services.
You acknowledge that these TOS are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Services and receipt of data, materials and information available at or through the Services, the possibility of our use or display of your Solicited Submissions (as defined below) and the possibility of the publicity and promotion from our use or display of your Solicited Submissions.
We may, in our sole discretion, change this TOS from time to time and without prior notice. Any and all changes to the TOS will be reflected on this page and the date new versions are posted will be stated at the top of this TOS. Changes to this TOS will be effective as soon as they are posted, unless a later Effective Date is provided. You should regularly check this page for any changes to the TOS. By continuing to access and/or use the Services after the Effective Date of a revised TOS, you agree to be bound by the revised TOS. If you do not agree to the new TOS, do not continue using the Services. Without limiting the foregoing, if we make a change to these TOS that materially impacts your use of our Services, we may post notice of any such change on our Website and/or email you notice of any such change.
Our Services
Swish provides advertising and marketing services to Restaurants and procures ordering and delivery services on customer’s behalf.
Swish is engaged by each Restaurant solely for the advertising and marketing of the Restaurant’s products through the Services. Swish is not the retailer of any products offered by Restaurants. Swish facilitates information exchange between Restaurants and their customers. Swish’s responsibility to customers is limited solely to provision of the food and beverage orders’ information as well as payment information to the Restaurant or our third party service providers. Under no circumstances does Swish process customers payments and uses customer’s payment information only to provide it to the Restaurant and/or our third party service providers such as payment processing companies.
The Restaurants are solely responsible for preparing and packaging all products ordered through Swish, and updating their menu and menu prices. Each Restaurant is solely liable for the quality and freshness of its products, and Swish does not verify the credentials, representations, products or prices offered by the Restaurants, and does not guarantee the quality of the product, or that any Restaurant or Restaurant product complies with applicable laws. Swish shall not be liable or responsible for any products or services provided by Restaurants that are a cause of injury or that are unacceptable to or do not meet your expectations in any manner.
Customers are solely responsible for verifying the accuracy of delivery addresses, payment information, and delivery options, and Swish shall have no liability or responsibility for provision of any erroneous information provided by customers. By accessing and/or using the Services you acknowledge that any and all purchases made are the subject of a contract between the customer and the Restaurant. All queries or orders should be directed to staff at the Restaurant.
Our Alcoholic Beverages Policy
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you acknowledge that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages, without exception.
legal authority
To use and/or register for our Services you must be: (a) of legal age to form a binding contract with us (thirteen (13) years and over), and (b) cannot be a person barred from receiving our Services under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use our Services.
member account registration
When you accept these TOS and complete our sign up process, you become the Swish "Member Account" holder. To complete the Sign up prospective members must provide us with following information:
- login
- password
- email address
You agree that all information you provide to Swish during the sign up process ("Sign Up Data") will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your Member Account. To ensure the required level of payment security, Swish currently uses licensed third party service providers to collect payments from customers on behalf of Restaurants. We reserve the right to change our payment provider at our sole discretion.
Customers can import the relevant information from social networking accounts. By doing so customers consent to the use of their personal information, including profile photographs.
using the services
Swish will provide Services to Swish "Member Account" holders after the registration process is complete. We will make every reasonable effort to ensure our Services are fully operational 24 hours a day, 7 days a week. However, there may be issues or delays due to events outside our control. We may have to suspend the Services due to technical problems, or to make improvements. We will post prior notifications and may contact Services’ users, when it is possible, to let you know in advance that this may occur. This does not affect customers’ obligations to pay for their orders.
If you notice that any part of our Services is not performing correctly or there are any software issues please contact Swish as soon as possible so we can fix the issue.
no conveyance
Nothing in these TOS shall be construed to convey to you any interest, title, or license in a Member Account, email address, domain name, or similar resource used by you in connection with our Services.
no right of survivorship
You agree that your Swish Member Account is non-transferable and that any rights to your Member Account ID or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated and all content within your account deleted.
no resale of service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
fees
You agree to pay all charges, including gratuities, fees and taxes, and any part thereof, when you purchase, use, or participate in a Service from Swish. All fees are exclusive of applicable taxes, unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the services provided to you. For question concerning order cancellation and refunds please read our Cancellations And Refund Policy.
licenses and representations
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on the Website, on third party websites, on our broadband and wireless platforms, products and services, on physical media) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the "Submissions License").
By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to these TOS and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these TOS (including the Submissions License).
To the extent that we solicit Submissions through features or activities on or through the Services (including games, sweepstakes, contests, promotions, and Public Forums that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part) as required (but only as required, and only for the purpose of creating your Submissions); provided that such license shall be conditioned upon your assignment of all rights in the work you create to us. If such rights are not assigned to us, your license to create derivative works using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act which might be necessary to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these TOS.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.
To the extent any "moral rights," "ancillary rights," or similar rights ("Moral Rights") in or to the Submissions exist and are not exclusively owned by us and to the extent you are able to do so under applicable law, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. To the extent such an agreement is unenforceable, you hereby give a Moral Rights Consent. To the extent any other person has Moral Rights in or to the Submission, you must obtain a Moral Rights Consent from that person and provide it on request to us. "Moral Rights Consent" means a waiver of moral rights to the maximum extent permitted by applicable law and an unconditional consent to any act or omission in relation to the Submissions by or on our behalf or any licensee or subsequent owner of copyright in the Submissions, including an act or omission which would, but for these TOS, infringe your moral rights.
Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, and to the extent allowed by applicable law, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.
disclaimer of warranties
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SWISH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, SWISH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE VOUCHERS OR OTHER ITEMS PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWISH OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
limitation of liability
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWISH AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF SWISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY CHANGES MADE TO THE SERVICES OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICES OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICES; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL SWISH'S LIABILITY IN CONNECTION WITH ANY SERVICE, INCLUDING ANY VOUCHER, EXCEED THE AMOUNT PAID FOR ANY SUCH SERVICE BY YOU.
indemnity
You agree to defend, indemnify and hold Swish, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Submissions you Distribute through the Services; (b) your use of the Services; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Services. You acknowledge that you are responsible for all use of the Services using your account, and that these TOS apply to any and all usage of your Member Account. You agree to comply with these TOS and to defend, indemnify and hold harmless Swish from and against any and all claims and demands arising from usage of your Member Account, whether or not such usage is expressly authorized by you.
waiver
You acknowledge and agree that the seller of any food or beverage is the applicable Restaurant and, that as the seller, the Restaurant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you, caused in whole or in part by the Restaurant, as well as for any unclaimed property liability arising from unredeemed orders or portions thereof. You waive, and release Swish and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of a Restaurant in connection with the goods provided in connection therewith and/or as it relates to compliance with applicable laws.
In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
governing law
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Swish shall be governed by the laws of the Latvian Republic, excluding its conflicts of law provisions.
other important terms
Swish may transfer its rights and obligations under these TOS to another organization, and will always notify you in writing if this happens, but this will not affect your rights or its obligations under these TOS. You may only transfer your rights or your obligations under these TOS to another person if we agree in writing. This contract is between you and us. No other person shall have any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
Each of the paragraphs of these TOS operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
If Swish fails to insist that you perform any of your obligations under these TOS, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If Swish does waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
contacting us
If you have any questions regarding these Terms Of Service, please contact us by email at swish@mycelium.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.
cancelations and refunds policy
Mycelium Swish online order system is specifically designed to save customer’s time. Once your order is confirmed, the Restaurant name ("Restaurant", "we", "us", "our") starts preparing the order especially for you. We understand that plans can change, so if you need to change or cancel your order, please follow the Cancellation Policy below.
cancellations
You may cancel or modify a pending order (not yet confirmed by a restaurant) at any time without penalty. Once your order status is changed to “preparing” you should contact the Restaurant directly to discuss if it is still possible to cancel the order. The Restaurant has discretion whether to allow any modification of “preparing” orders and has a right to receive payment in full for such orders.
refunds
We take customer satisfaction very seriously. If you have any problems with your order, we ask that you immediately contact the Restaurant directly by pressing “Call waiter” button or calling the Restaurant using telephone number provided below. We encourage you to inspect your pick-up items before leaving the Restaurant to ensure you have received the quality you expect. It is much easier for us to address any issues while you are still present with the items.
In appropriate cases the Restaurant may issue full or partial refunds, or offer an appropriate replacement of unsatisfactory items from your order.
If your refund is approved, we will initiate a refund for your original payment method and you will receive the credit within 3-5 business days, depending on your card issuer's policies. If other methods of payment were used refund will be performed immediately, when possible.
contacting us
If you have any questions regarding this Cancelations and Refunds Policy, please contact us by email at swish@mycelium.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.
orders delivery terms and conditions
These terms and conditions apply to the website swish.mycelium.com, the related mobile sites and mobile application(s), and selected other domains collectively the "site". Please read this document carefully. If you do not wish to be bound by these terms and conditions then you should not access this site. By accessing this site you accept these terms and conditions.
general provisions
The Restaurant ("Restaurant", "we", "us", "our") values our customers’ time and offers a convenient online order options that will allow you to minimize the time you spend waiting for your order. We provide you with a variety of delivery options among which you can find those that are most convenient for you.
Once your order is confirmed, the Restaurant starts preparing the order especially for you so that in can be delivered to you in the most appropriate time. To save your time and ensure the highest quality of your order we require all online orders to be prepaid in full. In case you are not full satisfied with your order please review our Cancelations And Refunds Policy. An online ordering option doesn’t mean you can’t place your order through the phone or in person by coming to the Restaurant.
in-restaurant orders
For your convenience we have created a comprehensive website, which has our full menu with pictures, daily specials, and current promotions. You can access it at any time scanning a QR-code we’ve placed at every table, or going directly to swish.mycelium.com. To make an order all you need to do is browse through the menu, select items you’d like to order an their quantity an complete the checkout procedure. You can either stay at the restaurant for the meal or choose a pickup option and take it to go. Please make sure you select a correct option during checkout. After you’ve completed your order it goes straight to your waiter, who will update your order status to indicate that it is being prepared or is out for delivery.
You can pay for your online order either by credit card or Bitcoin. If you wish to pay by cash please use “Call waiter” button.
preordering
One of the biggest advantages of online ordering is the fact that you can chose when your order will be delivered to you. When placing your order simply choose at what time will you be at the Restaurant and your order will be there waiting for you perfectly ready by the designated time. This option is not limited to pickup orders, but can also be used when you are staying at the restaurant for the meal. Just tell us how many people are coming and you will be welcomed by a fully served table without wasting any time waiting for your order delivery.
contacting us
If you have any questions regarding these Orders Delivery Terms and Conditions, please contact us by email at swish@mycelium.com. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.
Effective date of these terms: 08.01.2016