TERMS AND CONDITIONS

This Agreement was last revised on MAY 29th, 2022.

I. OUR INTRODUCTION

https://swittosurprise.com (“we,” “us,” or “our”) welcomes you. We offer you access to our productsthrough our “Website” subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do NOT use the Website.

II. COMMITMENT AND SCOPE

Acceptance. By using our website, you are bound by these Terms and Conditions. In case you do not accept the terms, then please do not use our Website. If you are accepting these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

Eligibility: Our service is not available to minors under the age of 16 or to any users suspended or removed from the system by us for any reason.

Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

III. OUR SERVICES

SWITTOSURPRISE.COM offers an online gift ordering and delivery of cakes, toys, electronic products, and pantry items and will also be accessible to all types of buyers including businesses. This website allows you to browse and purchase various products and produce and pantry/grocery items that have been listed for sale.

IV. MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. Your unrelenting use of the Services ensuing notice of the Modifications (or posting of the Terms incorporating the Modifications in the event your email address is no longer lawful, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date, the Changes are posted to the Website.

V. REGISTRATION INFORMATION

You must complete a customer registration process through this site to create an account before placing an order. This form requests certain information such as name, address, phone number and email address. By registering, you agree that all information provided is true and accurate. Any personal information that you provide us will be used by us in accordance with our privacy policy.

After the completion of your order, a confirmation email will be sent to your email address with the list of products you have ordered. If you are creating an account on behalf of a business entity, you guarantee that you have the authority to agree to these terms and conditions on behalf of the business entity.

You are responsible for the security of all of your usernames and passwords and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

VI. WEBSITE CONTENT

All content published on the Website remain with the original source or the author(s) of that material and where any content has been commissioned by us for publication on the Websites, any proprietary rights in such content remain with the relevant author, unless otherwise agreed or specified. For all other content published on the Websites, the Website reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Websites; this includes all text, graphics, photographs, logos and/or other items that appear on the Websites. We also reserve its rights over the Websites’ template, including its layout and structure.
Visitors are not authorized to use the Website’s name, logo or likeness without prior consent.
While we make our best possible efforts to update the website regularly, we do not make any kind of representations, warranties or guarantees, whether express or implied, that information provided in the Website is accurate, up to date or complete.

VII. ORDERING AND PAYMENT

* Any order made from the website is between the buyer and SWITTOSURPRISE.COM.
* Payment:Payment mode shall be:  Online: Credit Cards and Debit cards; All card transactions are processed through STRIPE payment gateway services.
* When registering with this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
* We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
* When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details.
* We may refuse or be unable to process your order if: * You card does not give authorization for the payment of purchase price.
* Refund shall be applicable as per our refund policy.
* We take customer feedback very seriously and use it to constantly improve our products and quality of service.

VIII. YOUR COMMITMENT AND RESPONSIBILITIES

* You shall not use or access the Websitefor collecting any market research for some competing business;
* You will not use any device, scraper or any automated thing to access our Website for any mean without taking permission.
* You will inform us about anything is inappropriate or you can inform us if you find something illegal;
* You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the through hacking, password or data mining, or any other means.

IX. EXCLUSION OF LIABILITY

SWITTOSURPRISE.COM. shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the www.swittosurprise.com. Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall SWITTOSURPRISE.COM., nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.

X. PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.

XI. ERRORS, INACCURACIES AND OMISSIONS

Every effort have been taken to ensure that the information offered on our Website is accurate and error-free. We apologies for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be errorfree or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

OUR WEBSITE, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE. THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL ERRORS RECORDED ON THE WEBSITE. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

XIII. COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, and other the material provided by or on behalf of us (collectively referred to as the “Content”). Unauthorized use of the Content may infringe copyright, trademark, and other laws. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

XIV. INDEMNIFICATION

You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website. We shall make availablenotice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XV. DELIVERY

* All deliveries will be directly made by us. Deliveries will be made to the specified address when the order was placed.
* Should there be no one to receive the delivery, you agree and consent that the product box will be left unattended at the designated area as specified by you when the order was placed.
* SWITTO SURPRISE cannot be held responsible for any damage or theft to your order when left unattended in the designated area. We recommend that you collect your product box and store as soon as possible.
* In the event of delivery delays beyond our control, you will be advised by phone or email with information of the expected delivery time.
* All orders will be delivered between the hours of 08:00am - 10:00pm.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at hello@swittosurprise.com