Terms and Conditions
These Terms and Conditions (these "Terms") of SwiftShip,
Inc., ("SwiftShip"), are a legally binding agreement between you and SwiftShip
and its affiliates relating to your use of SwiftShip’s website and related
services (collectively, the "Services"), including, without
limitation, the purchase of a membership subscription to utilize the Services
(a "Membership"). These Terms do not apply to any content or services
provided by third parties, whether or not such third-party services (or links
thereto) appear on SwiftShip’s website or are otherwise incorporated into the
Services. These Terms affect your rights, so please read them carefully.
Subject to these Terms, SwiftShip will use commercially reasonable efforts to
provide you the Services and commercially reasonable technical support via SwiftShip’s
website and/or mobile applications available on various platforms in accordance
with SwiftShip’s standard practices.
Acceptance of Terms and Conditions; License
By using the Services, you are expressing your acceptance of and
willingness to be legally bound by these Terms, as amended from time to time.
Your use of a particular SwiftShip webpage included within the SwiftShip
website may also be subject to additional terms outlined elsewhere on such a
webpage. You may not use the Services without accepting these Terms.
Individuals must be 18 years of age or older to use the Services,
or, if under 18, be at least 13 years old and have the consent and active
involvement of a parent or legal guardian. If you agree to these Terms on
behalf of a legal entity, you represent to SwiftShip that you have the
authority to bind such entity and its affiliates to these terms. In such a
case, the term "you" or "your" as used herein will also
refer to such entity and its affiliates.
Subject to your compliance with these Terms, SwiftShip grants you
a personal, limited, non-exclusive, non-transferable, non-sublicensable,
revocable license to access and use the Services during the term of your
Membership.
Changes to Terms and Conditions
SwiftShip may, from time to time and in its sole and absolute
discretion, amend or modify these Terms with or without notice to you; provided
that SwiftShip will use commercially reasonable efforts to give you at least 14
days’ prior notice on SwiftShip’s website or via email of any such amendment or
modification. The most current version of these Terms will supersede all
previous versions, and your use or continued use of the Services will
constitute your acceptance of and willingness to be bound by such a version of
these Terms. The most current version of these Terms may be viewed at any time
by clicking on the "Terms of Use" link at the bottom of SwiftShip’s
website.
Your Information and Content
As part of the Membership registration process (including free
trials, as described below), you will be required to provide certain personal
identifying and financial information in connection with your SwiftShip
account. You may also add additional personal information to your account
profile at your discretion (such information is not required to use the
Services but may improve the user experience). All information you provide to SwiftShip,
directly or indirectly, is subject to SwiftShip’s Privacy Policy, which policy
you agree to by your use of the Services, so please review it carefully to
understand SwiftShip’s privacy practices.
Subject to SwiftShip’s Privacy Policy, SwiftShip is free to use
any comments, information, ideas, concepts, reviews and/or techniques provided
by you to SwiftShip or its affiliates (e.g., via communications or
questionnaires directly with SwiftShip or post or comments made on SwiftShip’s
website), directly or indirectly (collectively, "User Content"),
without any form of compensation, acknowledgment or payment to you.
Notwithstanding anything to the contrary, SwiftShip shall have the
right to collect and analyze data and other information relating to the
provision, use and performance of various aspects of the Services and related
systems and technologies (including, without limitation, information concerning
your User Content and data derived therefrom), and SwiftShip will be free
(during and after the term hereof) to (a) use such information and data to
improve and enhance the Services and for other development, diagnostic and
corrective purposes in connection with the Services and other SwiftShip
offerings, and (b) disclose such data solely in aggregate or another
de-identified form in connection with its business. In furtherance of the
foregoing, if you provide any suggestions, enhancement requests,
recommendations, comments or other feedback relating to the Services to SwiftShip,
you agree that SwiftShip and its affiliates may freely use, reproduce, license,
distribute, and otherwise commercialize the feedback in connection with the Services
and/or for any other lawful purpose, on a royalty-free, worldwide,
transferable, sublicensable, irrevocable, perpetual basis. SwiftShip will not
be obligated to implement any feedback or correct any defects, bugs, or errors
in the service identified in the input or otherwise.
In addition to the preceding, you hereby also grant to SwiftShip a
nonexclusive, worldwide, transferable, sublicensable (to its subcontractors and
service providers), irrevocable, royalty-free, fully paid-up license to access,
use, display, reproduce, modify and process your User Content in accordance
with these Terms and SwiftShip’s Privacy Policy, as each it's amended from time
to time.
Restrictions and Responsibilities
You will not, directly or indirectly: reverse engineer, decompile,
disassemble or otherwise attempt to discover the source code, object code or
underlying structure, ideas, know-how or algorithms relevant to the Services or
any software, documentation or data related to the Services
("Software"); modify, translate, or create derivative works based on
the Services; use the Services for time sharing or service bureau purposes or
otherwise for the benefit of a third party, or remove any proprietary notices
or labels.
Further, you may not remove or export from the India or allow the
export or re-export of the Services or anything related thereto, or any direct
product thereof in violation of any restrictions, laws or regulations of India
or authority. As defined in FAR section 2.101, the software and documentation are
"commercial items," and according to DFAR section 252.227 7014(a)(1)
and (5) are deemed to be "commercial computer software" and
"commercial computer software documentation." Consistent with DFAR
section 227.7202 and FAR section 12.212, any use modification, reproduction,
release, performance, display, or disclosure of such commercial software or
commercial software documentation by the U.S. Government will be governed
solely by the terms of these Terms and will be prohibited except to the extent
expressly permitted by the terms of these Terms.
You represent a covenant and warrant that you will use the
Services only in compliance with SwiftShip’s standard published policies then
in effect (the "Policy") and all applicable laws and regulations.
Although SwiftShip has no obligation to monitor your use of the Services, SwiftShip
may do so and may prohibit any use of the Services it believes may be (or
alleged to be) in violation of the foregoing.
You shall be responsible for obtaining and maintaining any equipment
and ancillary services needed to connect to, access or otherwise use the
Services, including, without limitation, modems, hardware, servers, software,
operating systems, networking, web servers and the like (collectively,
"Equipment"). You shall also be responsible for maintaining the
security of the Equipment, your account, passwords and files, and for all uses
of your account or the Equipment with or without your knowledge or consent.
You are not permitted to (a) transfer or otherwise make the Services
available to any third party; (b) provide any service based on the Services
without our prior written permission; (c) post links to third-party sites or
use their logo, company name, etc. without their prior written permission; or
(d) use the Services for spamming and/or other illegal purposes.
You agree that you will not upload to the Services or create any
content that depicts violence, nudity, partial nudity or is unlawful, sexually
suggestive, pornographic, offensive, discriminatory, threatening, libelous,
defamatory, obscene, or otherwise violates any third party’s rights, including
intellectual property and/or privacy rights, or that otherwise violates these
Terms.
Membership and Billing
After registering for and "logging on" to your SwiftShip
account, you can review and modify the specific details of your Membership
status, purchases and billing information at any time by clicking the
"Billing Details" link in the "My Account" section of your SwiftShip
account webpage. Without limiting the following, you agree to SwiftShip’s Fees
and Cancellations policy.
- Free Trials: SwiftShip
encourages the initial use of the Services through a "free
trial" Membership. Free trials are only available to first-time users
of the Services and cannot be combined with any other promotional offer.
Only one (1) free trial may be redeemed by you or your affiliates (e.g., a
retailer, such retailer’s organization, and its agents). In order to
redeem a free trial offer, you must have Internet access and a valid form
of currently-accepted payment, such as an accepted credit card or debit
card, verified PayPal account, or "SwiftShip PrePay" (your
"Payment Method"). Upon redemption of the free trial offer, your
Payment Method may be authorized in an amount up to the Membership price
of the initial term of the Plan (as defined below) for which you were
given a free trial. In some instances, your available balance or credit
limit may reflect the authorization; however, no charges will be made
against your Payment Method until the end of the free trial period. The
day you start your free trial (based on Mountain time) is considered
"Day 1" of the trial, regardless of the time of day you
register. Once the free trial has ended, you will be automatically billed
the monthly Membership price applicable to the Plan for which you were
given a free trial.
- Membership
Subscription
- SwiftShip
offers a number of Membership subscription plans that may vary from time
to time in the sole discretion of SwiftShip, including individual
promotional plans with variable pricing, subscription duration, and
bundled products and services (collectively, each a "Plan"). A
given Plan may not be available for your Membership at any given time, and
SwiftShip is under no obligation to offer you the same Plan offered or
subscribed to by another SwiftShip customer. SwiftShip reserves the right
to modify, terminate or otherwise amend offered Plans. If a promotional
Plan is made available to you during your free trial and you elect to
upgrade to such a promotional Plan, you acknowledge that your free trial
will terminate immediately upon submission of payment in respect of such a
promotional Plan. To the extent third party products and/or services are
bundled with a Plan, SwiftShip explicitly disclaims any and all
responsibility and liability with respect to such third-party products and
services. For SwiftShip Memberships purchased over the phone: YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT
ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THE
TRANSACTION OR RECEIPT OF THE PRODUCT, WHICHEVER IS LATER.All requests
must be in writing or email and must be postmarked or electronically date
stamped within the cancellation period. All requests for cancellation must
be sent via email to Customer Support.
- Billing
(for more information, please see SwiftShip's Fees and Cancellations
policy)
- Upon
registering for your Membership and selecting an available Plan, your
Payment Method will be charged an automatic recurring monthly or yearly
subscription fee applicable to your selected Plan, any applicable tax and
any other charges you may incur in connection with your use of the
Services (collectively, and as modified from time to time in the sole
discretion of SwiftShip, the "Subscription Fee"). The
Subscription Fee is charged on the monthly or annual anniversary of the
commencement of your Membership (or, if such date does not occur in a
given month, the last day of the applicable month) automatically and
without notice to you, unless and until either you cancel, or SwiftShip
terminates your Membership. You must cancel your Membership prior to the
end of the then-current billing period to avoid being charged for the
following billing period, and such amounts shall accrue regardless of the
validity of your Payment Method. You can verify the date on which the next
Subscription Fee will be charged at any time by clicking the "Billing
Details" link in the "My Account" section of your SwiftShip
account webpage.
- ALL
FEES AND CHARGES (INCLUDING SUBSCRIPTION FEES) ARE NONREFUNDABLE. SwiftShip
reserves the right to modify Subscription Fees and any other fees and
charges in effect, or add new fees and charges from time to time; provided
that SwiftShip will give you advance notice of these changes by email or
as a notification when you log-in to the SwiftShip website. You are
responsible for all taxes associated with your use of the Services and
products purchased in connection therewith.
- It
is your responsibility to maintain a current Payment Method on file.
Payment Methods may be updated at any time by clicking the "Billing
Details" link in the "My Account" section of your SwiftShip
account webpage. If any charge to your Payment Method fails, then (a) you
grant SwiftShip the right to re-attempt to process and bill your Payment
Method for up to 180 days, and (b) you will be responsible for paying all
fees and expenses (including collections fees) incurred by SwiftShip in
connection with obtaining payment in full for all accrued but unpaid
amounts. Any amounts overdue by more than 30 days shall accrue interest
from the initial date of nonpayment at a rate per annum equal to the
lesser of five percent (5%) and the highest rate allowed under applicable
law. Without limiting the foregoing, SwiftShip may suspend or terminate
your Membership and/or your SwiftShip account at any time without notice
in connection with non-payment of Subscription Fees or any other amounts
due to SwiftShip hereunder.
- Cancellations
(for more information, please see SwiftShip’s Fees and Cancellations
policy)
- You
may cancel your free trial or your paid membership at any time (a) on the SwiftShip
website via your online cancellation button, (b) via email to SwiftShip’s
customer support, or (c) via online live chat with Customer Support (only
available if you have an Advanced, Pro, or Pro-Plus Plan).
- SwiftShip
DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR YEAR
SUBSCRIPTION PERIODS. Without limiting the foregoing, no refunds will be
issued for the "Data Export" service.
- SwiftShip
reserves the right to terminate your account for any or no reason with or
without notice.
Account Access; Identity Protection
Subject to SwiftShip’s Privacy Policy, in order to provide you
with ease of access to your account, SwiftShip will place a cookie (a small
text file) on any computer or device from which you access the SwiftShip
website. When you revisit the SwiftShip website, this cookie will enable us to
recognize you as a previous user or as the account holder and provide you with
direct access to your account without requiring you to retype any password or
other user identification.
You are responsible for updating and maintaining the truth and
accuracy of the information you provide to us relating to your account. You are
also responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer and devices. You may not
share your account with other people by providing them your password. However,
if you decide to share your account with other people, you take full
responsibility for their actions and liabilities that may arise therefrom.
Users of public or shared computers should log out of the SwiftShip website at
the completion of each visit.
If you discover that you are a victim of identity theft and that
involves a SwiftShip account, you will notify Customer Support immediately. You
should also report the identity theft to all of your credit card issuers, as
well as your local law enforcement agency. SwiftShip reserves the right to
suspend and terminate your account at any time with or without notice if SwiftShip
believes that such an account is involved in fraudulent activity. You are not
entitled to any refund or other consideration in connection with the suspension
of your account by SwiftShip for any reason.
Product Sales; Other Services
This section applies to you in your capacity as a purchaser of
products from Suppliers (as defined below) using the Services, even if you are
also a Supplier. Suppliers are subject to additional terms and conditions which
are made available to them in connection with qualifying to offer products through
the Services.
Product and Venue Disclaimers
- The
Services include a venue or marketplace to connect you and other retailers
with suppliers of wholesale and bulk products (each, a
"Supplier"). Although each Supplier is an authorized distributor
of the products it sells and is authorized to use the Services to market
and sell such products, SwiftShip does not represent, and explicitly
disclaims that any particular product is suitable for resale by you or
anyone else in any given circumstance or jurisdiction.
- You
are solely responsible for ascertaining a particular product’s (a)
suitability for resale under your particular circumstances, no matter the
resale venue you use, (b) lawfulness in the jurisdiction in which you
desire to resell such product, (c) manufacturer terms and conditions
(including, without limitation, applicable warranties and limitations on
liability), and (d) applicable manufacturer policies or minimum advertised
price restrictions.
- In
addition, SwiftShip may, in its discretion, at any time and for any or no
reason, remove any product from the Services without notice to you or to
the applicable Supplier(s).
Contacting Suppliers
- SwiftShip
will provide you with certain identifying information (Only If Approved By
SwiftShip Team) about Suppliers, including a Supplier’s trade name and
brand(s), and may provide appropriate methods of contacting a Supplier
from within the Services. Notwithstanding the foregoing, SwiftShip’s
agreement with a Supplier may restrict SwiftShip from allowing you to contact
such Supplier directly. In such cases, SwiftShip will take reasonable
steps to acquire requested information from a Supplier on your behalf.
- Regardless
of whether you are permitted to contact a Supplier, and in SwiftShip’s
sole discretion, your account may be suspended or terminated if you or
anyone on your behalf, contacts or attempts to contact a Supplier outside
of the tools provided in the Services, if any, and/or attempts to
establish a direct relationship with a Suppliers outside of the Services.
Product Pricing
- SwiftShip
reserves the right to modify and adjust product prices at any time and
from time to time without notice or liability, including, without
limitation, to correct pricing and typographical errors. You acknowledge
that product prices fluctuate as a result of a Supplier pricing changes
and that SwiftShip has no control over any Supplier’s pricing, shipping
and handling charge policies, and other charges and fees, which may result
in continual and unpredictable product price changes at any time.
Product Descriptions and Specifications
- You
acknowledge that all product specifications and descriptions are provided
solely by Suppliers and that SwiftShip is not responsible for the accuracy
of all such information provided by Suppliers. SwiftShip makes no
warranty, expressed or implied, with respect to the accuracy of such
information. In addition, due to size, the volume of requests, and
resource constraints, "Data Exports" may not be current at all
times and may be delayed or contain data that is older than what is
displayed on SwiftShip’s website.
- Supplier
products and manufacturer names are listed for identification purposes
only and in no way represents an endorsement of the applicable Supplier by
such manufacturer. It is your responsibility to ensure that a product’s
information is correct, authentic, and aligns with the manufacturer’s
official description and specifications. You further agree to promptly
report to SwiftShip any incorrect and/or fraudulent product listings and
identify the allegedly incorrect or fraudulent elements of such listing.
Product Orders; Changes and Returns
- When
purchasing any product from a Supplier using the Services, you agree that
you are responsible for reading the entire product listing and, by
completing the product order process, entering into a binding contract to
purchase such product from such Supplier. SwiftShip is not responsible for
losses or damages you may incur as a result of erroneous or misplaced
product orders or typographical errors connected to any purchase or
shipping information that you provide via the Services. It is your sole
responsibility to verify the accuracy of each product order, including the
actual item, pricing, shipping, and/or handling costs and any other
applicable terms prior to submitting an order. The foregoing applies
universally regardless of the method of order placement (e.g., single
orders, batch orders, APIs).
- Each
Supplier determines its own return, replacement, and refund policies
applicable to the products you purchase from such Suppliers and may modify
those policies at any time. You are responsible for becoming familiar with
each such policy prior to placing an order and agree to abide by such
policies with respect to applicable orders. Failure to comply with any
such policy may result in a rejected or reduced return, preplacement, or
refund. You can view a Supplier’s policies at any time by clicking the "Supplier
Info" link in the "Products" section of SwiftShip’s
website.
- All
payment for orders shall be made via your Payment Method or by SwiftShip
Wallet, provided that SwiftShip may limit or suspend for orders over
2,00,000 or that SwiftShip deems, in its sole and absolute discretion, to
have high fraud risk.
- Generally,
once an order is placed, it cannot be modified or canceled. However, under
certain circumstances and in the discretion of SwiftShip and, if
applicable, the Supplier, certain orders may be modified or canceled,
provided that you email Customer Support as soon as possible with a change
or cancellation request. SwiftShip is not responsible for any losses or
damages you may incur as a result of any approved or denied order
modification or change request.
Shipping and Handling
- Notwithstanding
anything to the contrary, all product orders are eligible for shipment
only within India. All orders must be placed with a residential or
business shipping address (i.e., orders with only P.O. Box, shipping addresses
will not be processed). Individual Suppliers may have additional shipping
restrictions.
- You
are responsible for paying the shipping and handling charges for all
products purchased through the Services, even if you refuse or return a
shipment though already included in our price. Odd-sized or excessively
heavy items may require custom shipping cost calculations, in which event
you will be required to approve such custom shipping arrangements prior to
any such order shipping. SwiftShip is not responsible whatsoever for
defective products, shipping errors, or damage to products in transit.
- Regardless
of whether product specifications on SwiftShip’s website provide published
shipping weight, such weights are for informational purposes only and are
not to be used for estimating or calculating shipping costs or your
financial obligation with respect thereto. Please refer to the "Ship
Cost" amount located on product webpages and your "Shipping
Cart" to determine actual shipping costs.
Shipping and Handling
- SwiftShip
is not responsible for any warranties for products purchased through the
Services; please refer to the warranty terms and conditions provided by
the applicable product manufacturers and their respective agents. All
product issues, claims, and questions concerning warranties should be
submitted directly to the relevant manufacturer and/or, subject to these
Terms, the Supplier through the use of the tools provided in the Services.
AS BETWEEN SWIFTSHIP AND YOU, THE PRODUCTS ARE PROVIDED "AS IS"
AND SWIFTSHIP DISCLAIMS ALL WARRANTIES WITH RESPECT THERETO, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- To
the extent, a product is a health-related device or nutritional
supplement, all listing information contained on the product webpage,
including information relating to medical and health conditions, products
and treatments, provided by the manufacturer and/or Supplier for
informational purposes only and is not meant to be (a) a substitute for
the advice of a qualified physician or other medical professional or (b)
be used for prescribing medication or diagnosing a health problem.
Statements regarding dietary supplements have not been evaluated by the
India. Food and Drug Administration and are not intended to diagnose,
treat, cure, or prevent any disease or ailment.
Reselling; Minimum Advertised Pricing
As a reseller, it is your responsibility to obtain payment or
assurance of payment from your customers before ordering products through the
Services. SwiftShip strongly recommends obtaining proper address verification
systems for credit card purchases from your customers and making sure all
physical payments therefrom are deposited and cleared before placing the order
through the Services. As described above, SwiftShip product orders may or may
not be canceled, and returns are subject to applicable charges and fees.
You agree to purchase products through the Services for resale in
compliance with applicable law and all rules and regulations imposed by
applicable product manufacturers. Without limiting the foregoing, some
manufacturers may require strict adherence to rules relating to product
advertising (including the use of a manufacturer’s intellectual property). As
such, some products may only be advertised at a "Minimum Advertised
Price" (a "MAP"). For all products subject to a MAP, SwiftShip
will provide two prices on a product’s webpage: the wholesale cost and the MAP.
As a reseller, you agree to never advertise any products subject to a MAP to
end consumers for less than the applicable MAP. Products with a MAP will be
marked with an asterisk.
It is your responsibility to verify with the manufacturer a
product’s information, images, and descriptions prior to marketing such
products. Product images are subject to change at any time and are not to be
construed as exact representations of any product.
Intellectual Property
SwiftShip shall own and retain all right, title and interest in
and to (a) the Services (including the software), all improvements,
enhancements or modifications thereto, (b) any software, applications,
inventions or other technology developed as a result of or in connection with
any support services, and (c) all intellectual property rights related to any
of the foregoing. No title to or ownership of the Services, including, without
limitation, any logos, designs, texts, graphics, pictures, data or content,
software, platform, technologies, or any proprietary rights related to the
Services, is transferred under or by virtue of these Terms. SwiftShip reserves
all rights in and to the service not expressly granted to you under these
Terms. Further, these Terms do not authorize you to use any name, trademark, or
logo of SwiftShip. SwiftShip reserves the right to terminate your Membership
without notice or liability to you if, in its sole and absolute discretion, SwiftShip
believes that you are in violation of this paragraph.
Without limiting the foregoing, reproductions and alterations of
individual product images and descriptions may be used for marketing &
reselling purposes only. You must receive written consent from SwiftShip for
any other use or any modification of product images and other copyrighted
materials.
Any images of persons or personalities contained on the SwiftShip
website shall not be an indication of endorsement of any particular product or
the Services unless otherwise specifically indicated.
You may not repackage, reproduce, or otherwise sell Memberships,
the Software, or any technology or data related thereto. Also, bulk downloading
or "screen scraping" of data from the SwiftShip website is prohibited
without prior express written permission. Any violation of the foregoing will
result in your account being terminated without notice, and, depending on the
severity of the violation, SwiftShip reserves the right to press criminal
charges and/or seek civil compensation for damages, expenses, and lost revenue.
Term and Termination
These Terms will remain in full force and effect while you use or
are registered to use the Services (whether or not you maintain your
Membership) and until terminated by either you or SwiftShip. Termination
includes the deletion of your user account and ceasing to access the SwiftShip
website. You and SwiftShip may terminate your account and these Terms at any
time and for any reason or no reason at all, provided that you shall remain
liable for all fees that you accrue in connection with your Membership and the
Services.
All sections of these Terms which by their nature should survive
termination shall survive termination, including, without limitation, accrued
rights to payment, confidentiality obligations, warranty disclaimers, and
limitations of liability.
SwiftShip shall use commercially reasonable efforts consistent
with prevailing industry standards to maintain the Services in a manner that
minimizes errors and interruptions in the Services. The Services may be
temporarily unavailable for scheduled maintenance or unscheduled emergency
maintenance, either by SwiftShip or by third-party providers, or because of
other causes beyond SwiftShip’s reasonable control, but SwiftShip shall use
commercially reasonable efforts to provide advance notice in writing or by
email of any scheduled service disruption. HOWEVER, SWIFTSHIP DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM the USE OF THE SERVICES.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION
THEREOF ARE PROVIDED "AS IS" AND SWIFTSHIP DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, the IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnity
You agree to indemnify and hold SwiftShip, its directors,
managers, officers, employees, equity holders and other representatives,
harmless from any third-party claims arising out of your use of the Services or
any other party accessing the Services through your account, including any
liability or expenses arising from any claims, direct or indirect damages, lost
profits, suits, judgments, litigation costs, and attorneys’ fees.
Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY
OF A PERSON, SWIFTSHIP AND ITS DIRECTORS, MANAGERS, OFFICERS, EQUITY HOLDERS
AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE
OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR TERMS AND
CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR
CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND SWIFTSHIP S
REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS
ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO SWIFTSHIP FOR
THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE OCCURRENCE THAT
ALLEGEDLY GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SWIFTSHIP HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability
Communications from SwiftShip to you may be by electronic means.
You hereby consent to receive communications from SwiftShip in electronic form
and agree that all terms and conditions, agreements, notices, disclosures, and
other communications that SwiftShip provides to you electronically satisfy any
legal requirement that such communications would satisfy if they were in
writing, other than any non-waivable rights.
The Services may include certain communications from SwiftShip,
such as service announcements, administrative messages, and newsletters. You
may be prompted to opt into some or all of these communications upon
registering your Membership. After opting-in, you may opt-out of receiving such
communications at any time. However, you will not be able to opt-out from
receiving service announcements and administrative messages.
If you have any questions about our website, the Services, or
these Terms, you may email us Attn: Customer Support.
Miscellaneous Provisions
Fraud Protection
- To
the extent you maintain a valid Membership, you are eligible for fraud
protection for dropshipping, the terms, and conditions of which are
subject to change at any time.
Your Relationship with SwiftShip
- You,
as a reseller of products purchased through the Services, are an
independent contractor of SwiftShip and are not considered an employee of SwiftShip
for any reason whatsoever. You are prohibited from making any unauthorized
representations, warranties, or claims on behalf of SwiftShip, a Supplier,
or a product manufacturer or that are otherwise illegal in your applicable
jurisdiction. No agency, partnership, joint venture, or employment is
created as a result of these Terms, and you do not have any authority of
any kind to bind SwiftShip in any respect whatsoever.
- Additionally,
you understand that you are an absolutely independent person or entity
from SwiftShip. You are responsible for paying taxes to state, federal, or
local authorities in accordance with any and all applicable laws. This tax
responsibility includes collecting and remitting all appropriate sales
taxes to state and local authorities.
Confidentiality
- You
understand that all information provided by SwiftShip must be used only in
accordance with its specified purpose. You further agree to not provide any
confidential or proprietary information received from SwiftShip to any
business entity that may compete with SwiftShip. Any violation of
confidentiality is grounds for immediate termination of your Membership,
and you will be liable for any damages arising therefrom. SwiftShip shall
have the right to enforce this confidentiality provision by injunction,
specific performance, or other equitable relief, without bond and without
prejudice to any other rights and remedies that SwiftShip may have for a
breach hereof.
Service Testing
- From
time to time, SwiftShip tests various aspects of the Services and new
features and reserves the right to include you in these tests without
notice.
Governing Law; Venue
- These
Terms and any dispute or claim arising out of or related to these Terms,
its subject matter or its formation (in each case, including
non-contractual disputes or claims) shall be governed by and construed in
accordance with the laws of the State of Haryana, without giving effect to
any choice or conflict of law provision or rule. Any legal suit, action,
or proceeding arising out of or related to these Terms or the Services
shall be instituted exclusively in the state courts located in Haryana and
you further agree that such courts shall have personal jurisdiction and
venue with respect to you, and you hereby submit to the jurisdiction and
venue of such courts and waive any objection. YOU HEREBY IRREVOCABLY WAIVE
THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THE
SUBJECT MATTER HEREOF. ADDITIONALLY, BOTH YOU AND THE SWIFTSHIP AGREE THAT
EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL
BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE ACTION.
General Provisions
- If
any provision of these Terms is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so
that these Terms will otherwise remain in full force and effect and
enforceable. These Terms are not assignable, transferable or sublicensable
by you except with SwiftShip’s prior written consent. SwiftShip may
transfer and assign any of its rights and obligations under these Terms
without consent. These Terms are the complete and exclusive statement of
the mutual understanding of the parties and supersede and cancel all
previous written and oral agreements, communications, and other
understandings relating to the subject matter of these Terms. In any
action or proceeding to enforce rights under these Terms, the prevailing
party will be entitled to recover costs and attorneys’ fees.
Limitation of Liability
While www.theswiftship.com and all of its dependent pages contain
far too much information to be quoted in their entirety in these Terms, you are
responsible for reading and understanding all applicable information contained
on the SwiftShip website. SwiftShip is not responsible for any inconvenience,
loss of profit, or other complications that you or your business or customers
may experience as a result of your failure to read and understand relevant
information on the SwiftShip website.
If you have any questions about our the SwiftShip website, the
Services or these Terms, you may email us or write to us at: info@theSwiftShip.com
Please note, return shipments sent to the address above will be
refused. Please contact Customer Support for instructions before returning
products.