Y-Swipe.com Terms of Use


IMPORTANT :
PLEASE REVIEW THESE TERMS OF USE BEFORE ACCESSING, USING, OR SUBMITTING ANY INFORMATION ON WWW.Y-SWIPE.COM, INCLUDING ALL SUBDOMAINS.

YSwipe Tech Ltd and its affiliates (hereinafter “YSwipe”, “we”, or “our”) operate this website (the “Site”) and provide the YSwipe web-hosted application platform, mobile application, and related services (“Services”).

These Terms of Use set forth the conditions for access and use of the Site by visitors and potential customers or Users (“you”). By accessing or using this site, including submitting information requests, you accept these Terms of Use and our Privacy Notice (linked below) (collectively, “Terms”). If you disagree with any part of the Terms, you must not access or use the Site. We reserve the right to modify the Terms at any time, and the revised Terms will apply from the date of publication.

These Terms do not apply to any Customer with whom we have separate terms or an end-user license agreement governing use of our Services (referred to as “Users”).

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, OR PARTICIPATION IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR DISPUTES UNLESS SPECIFIED OTHERWISE OR IF YOU OPT-OUT.


1. Acceptable Use

You may use the Site to learn about YSwipe, our products, and services, and to request information about them. You shall not:

You must not use the Site in a way that causes damage or impairment, or in any unlawful, fraudulent, or harmful manner. Do not use the Site to distribute any malicious software.


2. Your Obligations

You are responsible for your use of the Site, including any information requests submitted through it. You shall indemnify us (including our affiliates, officers, directors, employees, consultants, agents, clients, licensors, and their successors and assigns) against any claim, damage, loss, liability, or expense, including reasonable attorneys’ fees, arising from your failure to comply with these Terms or any unauthorized use of the Site. You may not redistribute your access to the Site or collect information from it.


3. License to Use the Site; Intellectual Property

Unless otherwise stated, YSwipe and/or its licensors own the intellectual property rights to the Site, Services, and all material generated from the Site or Services. We grant you a non-exclusive, non-transferable, limited right to access and use the Site for personal purposes. No other rights are granted.


4. Privacy and Security

By using the Site, and to the extent authorized by applicable law and consistent with our Privacy Notice – General, you consent to such Processing of your Personal Data. Our Privacy Notice – General can be found here: Y-Swipe.com/legal


5. Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. SUBJECT TO THE TERMS OF THIS SECTION, YOU AND YSWIPE AGREE THAT ANY AND ALL CLAIMS (AS THAT TERM IS DEFINED BELOW) THAT HAVE ARISEN OR MAY ARISE BETWEEN YOU AND YSWIPE SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT.

Except as otherwise stated herein, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction pursuant to the Forum Selection provision of these Terms. If you desire to opt out of this arbitration provision, you must provide notice to YSwipe before any further use of or access to the Site.


6. Class Action Waiver

Separate and apart from the agreement to arbitrate set forth above and to the maximum extent permitted by law, the parties hereby independently waive any right to bring or participate in any class action, private attorney general action, or other representative action, however denominated, in any way for any Claims against the other.

YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST YSWIPE, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.


7. Legal Age Requirement

By accessing or using this Site you hereby represent that you are at least 18 years of age – or the legal age of majority in your permanent jurisdiction of residence. We reserve the right to request anyone accessing the Site or our Services to provide written proof of age in any form.


8. Warranty Disclaimer

THE SITE AND ALL MATERIALS AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED BY YSWIPE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR ANY WARRANTY AS TO SECURITY, ACCURACY AND NON-INFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN YOU AND US OR USAGE OF TRADE. NEITHER YSWIPE, NOR ANY OF OUR CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE, THE SERVICES OR ANY FUNCTION CONTAINED IN THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS.


9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER YSWIPE, NOR OUR CLIENTS, SERVICE PROVIDERS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM ANY USE OR THE INABILITY TO USE THE SITE OR SERVICES (INCLUDING CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE LINKED TO EITHER THE SITE OR THE SERVICES), PERFORMANCE OR USE OF THE SERVICES, AS WELL AS UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES EXCEED THE AMOUNT PAID BY YOU TO US IN THE MONTH IMMEDIATELY PRECEDING THE CLAIM OR $100, WHICHEVER IS GREATER. IF YOU ARE DISSATISFIED WITH THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE.


10. Breaches of These Terms and Conditions

Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, and/or bringing court proceedings against you. For the avoidance of doubt, any injunctive relief we may seek against you for your violation of these Terms shall not be subject to the arbitration clause and we may seek such injunctive relief and you waive any requirement of bond or proof of damages to seek such injunctive relief.


11. Links

The Site or the Services may contain links to third party websites. YSwipe is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites.


12. Governing Law and Jurisdiction

These Terms will be governed by, and construed and enforced in accordance with, the laws of the State of Utah, U.S.A. without regard to conflicts of law principles. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the state and/or federal courts located in Salt Lake City, Utah over any disputes that are not subject to arbitration or actions to enforce any arbitration award (except for disputes brought in small claims court).


13. Contact Us

YSWIPE TECH LTD - CONTACT YSwipe

Effective Date: [April 2, 2024]

Dear YSWIPE TECH LTD User,

We value your feedback, questions, and suggestions.
Our team is here to assist you with any inquiries you may have regarding our products, services, or platform. Whether you're a user, partner, or stakeholder, your communication is important to us.


How to Reach Us

Our dedicated team is ready to respond promptly and provide the support you need.

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