These terms and conditions sets forth the general terms and conditions of your use of the swipeone.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and Swipe One Pte. Ltd. ("Swipe One Pte. Ltd.", "Swipe One", "we", "us" or "our"), with its registered office at 20 Cecil Street #05-03 Plus Singapore 049705.
(Each a "Party", collectively as "Parties")
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement, which shall include our Privacy Policy (available at: https://swipeone.com/privacy-policy/) and all terms of use associated with our Website and Services including terms of use of third party service provider (collectively known as "Agreement"). If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement forms a legally binding agreement between you and Swipe One Pte. Ltd., even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Any determination, decision or opinion that we may make or have under or as envisaged in any provision in this Agreement may be made or held in our sole and absolute discretion (whether or not it is expressly stated as such in the relevant provision). We shall not be required to provide any reason or explanation for any of its determinations, decisions and opinions. Without prejudice to the foregoing, if we nevertheless provides any reason or explanation for any of its determinations, decisions or opinions, such reason or explanation shall not be binding on us, and does not constitute any representation, warranty or undertaking by us (as to future action or otherwise).
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Website and Services. We may block your email address and Internet protocol address to prevent further registration.
Subject always to these Terms, we grant you a limited, non-transferable and non-exclusive licence for the period of this Agreement.
You acknowledge that our Website and Services are provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict us from providing any of the Website and Services to other parties.
We may, from time to time, make available additional services to supplement any of the Website and Services. At your request and upon paying the applicable charges, we may agree to provide you with any additional related service on the terms of this Agreement.
You must use the Website and Services in accordance with the Agreement solely for your own purpose or internal business purposes and lawful purposes and not resell or make available the Website and Services to any third party, or otherwise commercially exploit the Website and Services.
We do not own any data, information or material (collectively, "Content") that you submit on the Website in the course of using the Service.
By submitting any Content on the Website in the course of using our Website and Services, you hereby warrant and represent that such Content shall be:
Such Content must not:
You shall have sole responsibility for:
We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
As part of the Services, we may offer artificial intelligence ("AI") powered features. By using these AI features, you acknowledge and agree to the following:
1. Third-Party AI Services
2. Data Processing for AI Features
3. Optional Nature of AI Features
4. AI Generated Content
5. Security and Confidentiality
6. Compliance and Restrictions
7. Limitation of Liability for AI Features
8. Changes to AI Features
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or Services has been modified or updated.
We perform regular backups of the Website and its Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links". This means if you click on the link and purchase an item, Swipe One Pte. Ltd. will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) use the Website and Services in a manner, nor transmit, input or store any Content, that breaches any third party right (including Intellectual Property Rights and privacy rights); or (k) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
"Customer Information" means all information which you provide or which is obtained as a result of or in connection with this Agreement and/or your access to and/or use of any of our Website and Services, information which relates to a transaction, information which identifies or which relates to an individual, whether true or not, and information collected, used and/or disclosed as described in our Privacy Policy.
We shall be entitled to request for, retrieve and collect, and you hereby affirmatively agree, consent to and authorise the collection, retrieval, use and disclosure by and on behalf of us, any and all Customer Information, in the manner and for the purposes set out in our Privacy Policy, and for the following purposes:
You hereby affirmatively agree, consent to and authorise the disclosure and/or transfer out of Singapore (if applicable), by and on behalf of us, of your personal data, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by us, we would be processing your Customer Information for any of the Purposes.
You hereby represent, warrant and undertake us that where you or your representative is responsible for the provision of any information or data relating to any natural person to the us, or actually provides any such information or data to us, you have informed each such person and each such person has given consent to the our collection, use and disclosure of their personal data as described under this Agreement.
You agree that we may retain all Customer Information for the Purposes and in compliance with the applicable law.
If you wish to withdraw your consent given under this paragraph, you are required to submit a request to us (in such form as may be specified by us from time to time), whereupon we shall be entitled to take such action, or procure to be taken any such action, as we may consider appropriate arising from or in connection with such withdrawal of consent (including suspending or terminating the provision of our Website and Services (in whole or in part) to you).
You hereby consent to us sending Email notifications to you or contacting you in any other manner at any time and from time to time in relation to our Website and Services.
"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by Swipe One Pte. Ltd. or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Swipe One Pte. Ltd. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of Swipe One Pte. Ltd. or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties. Your use of the Website and Services grants you no right or license to reproduce or otherwise use any of Swipe One Pte. Ltd. or third party trademarks.
Without limiting any other right or remedy available to us, we may restrict or suspend your access to our Website and Services and/or delete, edit or remove the Content if the Company considers that you have:
We may at any time suspend (for such period as we may in its sole and absolute discretion consider appropriate) or terminate this Agreement and/or the availability to you of and/or your access to and/or use of our Website and Services (in whole or in part), in each case, without notice to you and without giving any reason. We may (but shall not be obliged to) post a notice of such suspension or termination on the Website or make such notice available in any other manner we deem appropriate.
Without prejudice to the foregoing, we may at any time suspend (for such period as we may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the Website and Services (in whole or in part), without notice to you, if:
1. We have, in our sole and absolute discretion, reason to believe that you have provided us with any false identification or otherwise misleading information;
2. We have, in our sole and absolute discretion, reason to believe that you have, committed a breach of any of the provisions of this Agreement;
3. We have, in our sole and absolute discretion, reason to believe that you have misused or are likely to misuse our Website and Services (including for any unauthorised use or any criminal or illegal purpose);
4. We have, in our sole and absolute discretion, reason to believe that you are using our Website and Services, on behalf of another party;
5. We are required to do so in order to comply with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
6. there is a material security threat to our Website and Services (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code);
7. you become bankrupt or insolvent or generally fail or are unable to pay any of your debts as they fall due;
8. We, in our sole and absolute discretion, of the opinion that you have perpetrated a fraud on us, or have conducted yourself in a manner which may result in perpetrating or attempting to perpetrate such a fraud;
9. you die, or become mentally incapacitated or suffer some other form of legal disability;
10. any information provided by you to us (as the case may be) in connection with this Agreement or our Website and Services, respectively, is found to be false, misleading or incorrect;
11. We have, in our sole and absolute discretion, reason to believe that you have, caused or attempted to cause failure, interruption, disruption or congestion in any network or system in connection with the Website and Services; and/or
12. any representation or warranty made by you to us in connection with these Terms is incorrect or misleading.
If you wish to suspend or terminate your access to and use of the Website and Services, you are required to submit a request to us (in such manner and form and accompanied by such information and supporting documentation as may be required by us from time to time) to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms of this Agreement as may be applicable to such suspension or termination.
You shall not be entitled to any payment, compensation or damages from us in relation to any suspension or termination of your access to and use of our Website and Services for any reason whatsoever.
Any suspension or termination of your access to and use of our Website and Services (in whole or in part) for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
Our rights of suspension and termination under this Agreement shall be without prejudice to any other rights or remedies which we may have (whether under these Agreement, at law, in equity or otherwise).
Upon any suspension or termination of this Agreement, and/or the availability to you of and/or your access to and/or use of all (and not some) of the Website and Services:
1. you shall not have any right, benefit or interest in connection with this Agreement, any of the Website and Services, and without prejudice to the foregoing:
a. the licence we granted to you to access and use the Website and Services shall cease and accordingly, you shall immediately cease all access to and use of the Website and Services, and shall not, and shall not assist, cause or permit any person to, access or use the Website and Services (such licence, and your access to and use of the Website and Services, shall only resume, in the case of a suspension, when such suspension ceases); and
b. any transaction which you have requested be carried out through the Website and Services that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases);
In case of suspension, your access to and use of the Website and Services shall only resume upon the resolution of the issue that led to suspension, at our sole discretion, and after you have complied with any conditions we may set for reinstatement.
2. we shall not have any obligation to you in connection with this Agreement or the Website and Services.
3. any and all sums due or accruing due or payable to us in connection with this Agreement and/or your access to and use of the Website and Services, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to us; and
4. For the avoidance of doubt, upon termination of the availability to you of and/or your access to and/or use of all (and not some) of the Website and Services, you may sign up or subscribe in accordance with this Agreement, if desired.
Upon any suspension or termination of the availability to you of and/or your access to and/or use of any (but not all) of the Website and Services:
1. you shall not have any right, benefit or interest in connection with the relevant Website and Services that has been suspended or terminated, and without prejudice to the foregoing:
a. you shall immediately cease all access to and use of such suspended or terminated Services, and shall not, and shall not assist, cause or permit any person to, access or use such suspended or terminated Service in any way (such access to and use of such Service shall only resume, in the case of a suspension, when such suspension ceases); and
b. any transaction which you have requested be carried out through such suspended or terminated Services that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases).
2. we shall not have any obligation to you in connection with such suspended or terminated Service; and
3. any and all sums due or accruing due or payable to us in connection with your access to and use of such suspended or terminated Service, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to us.
You agree that such Service is provided on an "as is" and "as available" basis and that your use of the Website and Services is solely at your own risk. We 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. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. Any access and use by you of the Website and Services shall be governed by this Agreement and is subject to such other guidelines, procedures, policies and regulations which may be prescribed, introduced, varied and/or amended by any applicable regulatory authority or law enforcement body from time to time. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
To the fullest extent permitted by applicable law, in no event will Swipe One Pte. Ltd., its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Swipe One Pte. Ltd. and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Swipe One Pte. Ltd. for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Swipe One Pte. Ltd. and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, claims, proceeding, damages or costs, including actual attorneys' fees, and loss of any kind incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any wilful misconduct on your part.
No failure to exercise or enforce, and no delay on our part in exercising or enforcing any of our rights under this Agreement shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect our rights at any time.
You agree that we shall not be under any obligation of confidentiality to you regarding any such information or material provided by you accessing and using any of the Website and Services, unless agreed otherwise in a separate direct contract between you and us, or otherwise required under applicable law.
We shall not be liable to you or be deemed to be in breach of any provision of this Agreement by reason of any delay in performing, or any failure to perform, any of its obligations (including the offering, provision and making available of any of the Website and Services) if the delay or failure was due to any event or circumstances the occurrence and the effect of which we are unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on our part (each a "Force Majeure Event").
Examples of Force Majeure Events include but are not limited to natural disasters, government-imposed restrictions, labor strikes, acts of terrorism, and pandemics.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You shall not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We may assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Any party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any provision of these Terms.
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. We will attempt to notify users of changes to this Agreement via email or in-app notifications in addition to updating the 'last revised' date on this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to admin@swipeone.com
This document was last updated on Nov 08, 2024
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