Swivelt Global Guide
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These Terms and Conditions of Service are a legally binding agreement (“Agreement”) between you and iStrives and Swivelt Pte. Ltd. (“IStrives”, “we” or “us”). This Agreement governs your use of any iStrives service or technology, including all websites associated with iStrives (including all domains and sub-domains of www.istrives.com), all application programming interfaces (“API(s)”), and all applications and other tools provided by iStrives and Swivelt Pte. Ltd. (collectively, the “iStrives Application”).
All references to “you” or “your” mean the person who in any way accesses or uses the iStrives Application, including each of your assignees, successors, and heirs. BY USING THE ISTRIVES APPLICATION, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU ARE PROHIBITED FROM ACCESSING OR USING THE ISTRIVES APPLICATION. You acknowledge that you are able to electronically receive, download, and print this Agreement, any other terms and policies incorporated into this Agreement by reference, and any amendments to this Agreement. Further, you agree to keep the contact information in your Account current at all times including, but not limited to, your email address, physical address, and phone number.
You are responsible for regularly reviewing this Agreement at the URL www.istrives.com/terms , iStrives reserves the right, in its sole discretion, to modify this Agreement, and any other documents and/or polices incorporated by reference in this Agreement, at any time and without prior notice. iStrives will notify you of changes by posting at the URL above. Any modifications to this Agreement will become effective thirty (30) days after they are posted on the URL above. Your use of the iStrives Application after the expiration of the thirty (30) days shall constitute your consent to such modifications. If you do not agree, you are prohibited from accessing or using the iStrives Application.
This Agreement includes and hereby incorporates by reference any other terms posted at [www.istrives.com/terms] as may be in effect and modified by iStrives from time to time.
License. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, and revocable license to use the iStrives Application solely as permitted by the functionality of the iStrives Application, which may vary by User. We reserve all rights not expressly granted in this Agreement. We may terminate this license or your access to the iStrives Application at any time for any reason or no reason.
Eligibility. To use the iStrives Application, you must register for an Account. To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts. The iStrives Application is not designed for use by or in connection with anyone under the age of 18, and you accept any and all liability that may arise from your use of the iStrives Application relating to anyone under the age of 18.
Any use or access of the iStrives Application by anyone under the age of 18 is strictly prohibited and in violation of this Agreement. If you have previously been removed from the iStrives Application, you are prohibited from creating an Account and doing so is in violation of this Agreement.
Accounts. By registering for an Account, you agree to provide true, accurate, and complete information on all registration and other forms you access on the iStrives Application or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to register for more than one Account without express written permission from iStrives. You agree not to ask or allow another person to create an Account on your behalf, for your use, or for your benefit.
Verification. When you register for an Account and from time to time thereafter, your Account will be subject to verification. You authorize iStrives, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address, subject to applicable law.
Security. When you register for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account and your username and password. You authorize iStrives to assume that any person using the iStrives Application with your username and password, either is you or is authorized to act for you.
Furthermore, you are responsible for any and all activities and conduct, whether by you or anyone else that are conducted through your Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password.
You further agree not to use any username, or password of another User of the iStrives Application that you are not authorized to use. iStrives is not liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
Rules and Restrictions. iStrives reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the iStrives Application upon discovery that any information you provided on any form or posted on the iStrives Application is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement, or for any other reason or no reason in iStrives’s sole discretion. In connection with your use of the iStrives Application, you acknowledge and agree that you will not:
Further, you represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the iStrives Application is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country or Singapore sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. or Singapore export control laws and regulations or other economic sanction rules of any sovereign nation or Singapore. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the iStrives Application.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
You and iStrives agree that these Terms affect interstate commerce and that the Singapore Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
Most disputes can be resolved by contacting iStrives. You can reach iStrives’s support department at info@iStrives.com. We both agree to use our best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the iStrives support department, and good faith negotiations shall be a condition to either of us initiating any other process or proceeding.
YOU AGREE NOT TO RELY ON THE ISTRIVES APPLICATION, ANY INFORMATION ON THE ISTRIVES APPLICATION OR THE CONTINUATION OF THE ISTRIVES APPLICATION. ISTRIVES EXPRESSLY DISCLAIMS ALL WARRANTIES AND LIABILITY 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, OR THAT ISTRIVES WILL CORRECT ALL ISTRIVES APPLICATION ERRORS. USER ACKNOWLEDGES THAT ISTRIVES DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE ISTRIVES APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. ISTRIVES IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS OR FOR ANY CONTENT OBTAINED BY ISTRIVES FROM PUBLICLY AVAILABLE SOURCES OR THIRD PARTIES AND MADE AVAILABLE THROUGHT THE ISTRIVES APPLICATION.
EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, ISTRIVES DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ISTRIVES SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. ISTRIVES DISCLAIMS ALL LIABILITY AND INDEMNIFICATION OBLIGATIONS FOR ANY HARM OR DAMAGES CAUSED BY ANY THIRD-PARTY HOSTING PROVIDERS. CONTENT IS PROVIDED “AS IS” AND THE ISTRIVES APPLICATION IS PROVIDED “AS IS,” AND “AS AVAILABLE,” AND BOTH ARE PROVIDED EXCLUSIVE OF ANY WARRANTIES WHATSOEVER.
In addition to the recognition that iStrives is not a party to any contract between Users, you hereby release iStrives, our Affiliates, and our respective officers, directors, agents, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity. This release includes, for example and without limitation, any disputes regarding the performance, functions, and quality of any services provided by any User to any other User. Procedures regarding the handling of certain disputes between Users are discussed in Section 9 (Dispute Resolution).
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF ANY LAW IN ANY OTHER APPLICABLE JURISDICTION WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
This release will not apply to a claim that iStrives failed to meet our obligations under this Agreement.
YOU WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS ISTRIVES, OUR AFFILIATES, AND OUR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (EACH AN “INDEMNIFIED PARTY”) FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, LOSSES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES) ARISING FROM OR RELATING TO ANY CLAIM, SUIT, PROCEEDING, DEMAND, OR ACTION BROUGHT BY YOU OR A THIRD PARTY OR OTHER USER AGAINST AN INDEMNIFIED PARTY RELATING TO: (A) USE OF THE ISTRIVES APPLICATION BY YOU OR YOUR AGENTS, INCLUDING ANY PAYMENT OBLIGATIONS INCURRED THROUGH USE OF THE ISTRIVES APPLICATION; (B) FAILURE TO COMPLY WITH THIS AGREEMENT OR ANY OTHER TERMS OR POLICES BY YOU OR YOUR AGENTS; (D) FAILURE TO COMPLY WITH APPLICABLE LAW BY YOU OR YOUR AGENTS; (E) NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD BY YOU OR YOUR AGENTS; AND (F) DEFAMATION, LIBEL, VIOLATION OF PRIVACY RIGHTS, UNFAIR COMPETITION, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ALLEGATIONS THEREOF TO THE EXTENT CAUSED BY YOU OR YOUR AGENTS.
iStrives is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with the Terms and Conditions of Service, including, but not limited to:
ADDITIONALLY, IN NO EVENT WILL ISTRIVES BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES.
14. MISCELLANEOUS
For any questions or comments, or to report violations of this Agreement, let us know, or contact us at info@istrives.com