Terms of Service

Updated: October 2, 2019

By signing up for the Skwynt service ("Service") or any of the services of i4 Asia Incorporated ("i4 Asia") you are agreeing to be bound by the following products and services to help you create and manage an online store. Any new features and tools added to the current Service shall also be subject to the Terms of Service. i4Asia reserves the right to update and change the Terms of Service at ang terms and conditions ("Terms of Service"). The latest version will be found online in the application. You attest that you have read and agreed with and accept all the terms and conditions contained in this Terms of Service before you become an Skwynt user.

Everyday language summaries are provided for convenient reading. By using the Service, you are agreeing to full copy of the terms of service.

1. TERMS

1.1 You must be 18 years or older, of legal age where you reside or use this Service.

1.2 You must provide your full legal name, business address, phone number and valid address. A Tax Identification Number (TIN) will be required for clients with address in the Philippines.

1.3 You are responsible for keeping your login and password information secure. i4 Asia will not be liable for any loss or damage from your failure to maintain the security of your login information.

1.4 You are responsible for all activity and content such as data, graphics, photos and links that is uploaded to your account. You cannot upload any virus, malicious software, code or harmful content.

1.5 You cannot upload any illegal, stolen, and unlicensed content.

1.6 A violation of any term in this Terms of Service in the sole discretion of i4 Asia will result in the immediate termination of your service.

WHICH MEANS…

You are expected to be responsible for your account. Do not use our service for anything illegal or use anything that is harmful or stolen content. You are to upload content you own or have explicit written permission to use. We may cancel your service with any violation found.

We will contact you via email if we need to get in touch.

2. SUBSCRIPTION SERVICE

2.1 The person subscribing will be recognized as the account owner. If you are signing up on behalf of an employer, then your employer shall be the account owner. You warrant that you have the authority to represent and bind your employer to the Terms of Service.

2.2 The Service is offered as a subscription service meaning you are eligible to receive access to the Service as long as your subscription payments are up to date.

2.3 It will be your responsibility to ensure payment is made prior to current subscription period’s expiry to avoid disruption of service.

WHICH MEANS…

You are subscribing to receive access to i4 Asia’s Skwynt e-commerce platform. It is your responsibility to pay on time to avoid having your account suspended.

3. Third Party Services

3.1 A successful e-commerce business requires a payment gateway provider, logistics provider, and domain name. The Service will support certain industry leading partners as well as provide options to integrate.

3.2 You will be responsible for creating accounts and negotiating your own deals with these partners. i4 Asia may refer business contacts to assist you. i4 Asia will however not be responsible for any transactions and quality of service provided by third parties. Partners may also change over time due to business circumstances.

3.3 Domain Name can be optionally purchased via i4 Asia. Upon purchasing a domain with i4 Asia, your domain will be automatically renewed each year so long as your subscription remains active. You acknowledge that it is your responsibility to provide 30 day notice to any cancellation or non-renewal request.

WHICH MEANS…

You will need the services of certain partners. You will need to sign up with them on your own but we can help you get started and provide you with contacts as available. We are not responsible for their services.

Any domains purchased through us will automatically renew unless you cancel or tell us not to 30-days prior.

Providers and Partners may change over time due to business circumstances beyond our control.

4. General Conditions

4.1

Technical Support is only provided to paying subscribers and is done via email during Monday - Friday business hours of 9am to 6pm. GMT +8:00. Please send all support emails to help@skwynt.com

4.2 The Terms of Service shall be governed by the laws of the Republic of the Philippines. You fully submit to the jurisdiction of the courts of Mandaluyong with respect to any dispute or claim arising with the Terms of Service.

4.3 You acknowledge and agree that i4 Asia may amend these Terms of Service at any time by posting on a publicly accessible website and/or emailing the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

4.4 You may not use the Service for any illegal purpose, the sale of any illegal substance, product, or service. You will not engage in fraudulent activity and practices. You may not use the Service in violation of any laws (including copyright and trademark laws) in your jurisdiction or your customers’. You will comply with all applicable laws, rules and regulations in your use of the Service.

4.5 You agree not to reproduce, duplicate, copy, re-sell, or exploit any portion of the Service.

4.6 You shall not purchase search engine advertising or any other online advertising service, or domain names that use i4 Asia, or the Skwynt trademarks and/or variations and misspellings thereof.

4.7 Your store content may be transferred unencrypted and involve transmissions over various networks to adapt to technical requirements of connecting networks and devices.

WHICH MEANS…

You can get help by sending an email to help@skwynt.com Customer service hours are from Mon - Fri 9am to 6pm GMT +8

The Skwynt platform and service belongs to us. You are not allowed to use it any manner that can be deemed illegal or abusive. You are not allowed to use it in selling illegal products or services

The laws of the Republic of the Philippines will be observed.

5. i4 Asia Rights

5.1 We reserve the right to modify or terminate the Service for any reason, without notice, at any time.

5.2 We reserve the right to refuse service to anyone for any reason, at any time.

5.3 We reserve the right to remove any store content and accounts containing content we believe to be in our sole discretion as illegal, offensive, threatening, defamatory, pornographic, or otherwise of questionable nature or violates any intellectual property rights or these Terms of Service. I4 Asia does not pre-screen any store content uploaded.

5.4 We reserve the right to provide services to anyone and makes no exclusivity in any particular market segment.

5.5 In the event of account ownership dispute, we reserve the right to ask for legal and business documentation to determine and/or confirm account ownership.i4 Asia reserves the right to determine in our sole judgement, the rightful owner of the account in the event of a dispute. We may temporarily suspend an account during dispute.

WHICH MEANS…

We can modify, cancel or refuse service at any time, for any reason, to anyone. This is highly unlikely but it is our service and it just makes sense to reserve that right.

In the event of an account dispute, we may suspend, investigate, ask for business and legal papers, then decide on who is the rightful account owner.

6. Limitation of Liability

6.1 There is no warranty, express, implied, or statutory for the service and is provided "as is". i4 Asia does not warrant the Service will be uninterrupted, timely, secure, or error-free. i4 Asia does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

6.2 In no event shall i4 Asia be liable for any damages whatsoever, without limitation to, incidental and consequential damages, lost profits, or damages from lost data or business interruption resulting from the use, misuse, or inability to use the Service.

6.3 Subscriber agrees to indemnify and hold i4 Asia, its staff and representatives free and harmless from all claims or demands, including attorneys’ fees, due to or arising from your misuse of the Service, unlawful actions and infringement on any legal rights of third parties.

WHICH MEANS…

We will provide the service "as is" so it may have errors or interruptions and we provide no warranties.

We are not responsible for your use of the Service, adherence to the law and to the Terms of Service.

We are not responsible if you violate the rights of a third party and get sued.

7. Waiver and Complete Agreement

7.1 The failure to insist upon strict performance of any of the terms and conditions of this Terms of Service shall not be construed as a waiver or relinquishment of future compliance therewith, and said terms shall remain in full force and effect.

WHICH MEANS…

If we choose not to enforce any provisions in this Terms of Service at any time, it does not mean we give up that right later.

8. Intellectual Property and Subscriber Content

8.1 i4 Asia does not claim any intellectual property rights over the material you provide and upload to the Service. All materials and content uploaded remains yours. You can remove your content any time by deleting specific content or your account.

8.2 By uploading Store Content, you agree to allow other users to view your store content, to allow i4 Asia to view, display and store your content.

8.3 We will not disclose any of your confidential information to third parties, except as required in the course of providing Service. Confidential information includes any material or information provided by you to us which is not publicly known. It does not include information that was in public domain at the time it was received or if we received from someone other than you without breach of our or their confidentiality obligations.

8.4 You agree for i4 Asia to disclose your confidential information when legally obligated and mandated to by law.

8.5 i4 Asia shall have the non-exclusive right and license to use the name, trademark, service mark and logos associated to your store to promote the Service.

WHICH MEANS…

Anything you upload remains yours and your responsibility.

We may use your name and logo to market you as a client of our Service.

9. Cancellation and Termination

9.1

You may cancel your account by providing a 30-day notice to help@skwynt.com and then following the instructions responded to by our customer service team. Non-payments for expired accounts are automatically suspended.

9.2

Upon Termination of the Services by any party for any reason:

i4 Asia will cease to provide you service and you will no longer be able to access your account
You will not be entitled to any refunds of any fees
Any outstanding balance becomes due immediately and payable in full
Your store/account will be taken offline
Any domain purchased with i4 Asia will no longer be automatically renewed

WHICH MEANS…

To initiate a cancellation, we would appreciate an email 30-days in advance. Kindly send it to help@skwynt.com

Any expired subscription without payment will automatically be suspended. We may delete data from suspended accounts.

10. Modifications to Service and Prices

10.1 Subscription prices to using the Service are subject to change upon 30-days notice from i4 Asia. Such notice may be provided at any time by posting to a public website and/or via email.

WHICH MEANS…

If we feel the need to change pricing, we’ll let you know 30-days in advance.