Terms of Service

TERMS OF SERVICE

SWOSH! Mobile Application (hereinafter “SWOSH!”) services are provided subject to your compliance and acceptance with the terms and conditions set forth below.  If you do not agree to these Terms, USER may not access the App and the Services provided therein.  As a condition to using SWOSH! and for the mutual benefit of both SWOSH! and the USER, the undersigned (“USER”) agrees to the following terms and conditions:

DEFINITION OF TERMS

Unless otherwise provided, when referred to in this Terms and Conditions, the following terms should mean:

“WASHING “– Washing or laundering is the process of removing soil from textile products with water and soap or detergent.

“MACHINE WASH” – A process by which soil is removed from products in a specially designed machine using water, detergent or soap and agitation.

“WARM WATER” – means that the initial water temperature setting is 90 degrees to 110 degrees Fahrenheit (32- 43 degree Celsius) – Hand Comfortable

“COLD WATER” – means that the initial water temperature setting as measured from point of use is up to 85 degrees Fahrenheit (20 degrees Celsius).

“DRYING” – is the removal of moisture from articles.

“HANDWASH” – is the process by which articles are cleaned with manual agitation and gentle squeezing action.

“IRONING AND PRESSING” – are procedures to remove wrinkles from articles.

“STAIN REMOVAL” – is the removal of heavy concentrations of soil or of solvent requiring separate treatment, either before or after the Dry-Cleaning process as follows:

  1. Pre-spotting – the treatment of heavily soiled areas with a specially prepared solvent and/or water solution before dry-cleaning in stain and soil removal.
  2. Spotting – the removal of stain or spot before or after the dry-cleaning cycle.

For removing a water-soluble stain, steam is commonly used to condense a fine spray of water on the stained area. For removal of solvent- soluble stains, solvents and solvent-based additives are used.

“DRY-CLEAN” – a commercial process by which soil is removed from products or specimen in a machine which uses common organic solvent (e.g. petroleum perchloroethylene, fluorocarbon). The process may include adding moisture to the solvent up to 75 percent relevant humidity not tumble drying up to 160^ (71 degrees Celsius) and restoration by steam press or steam air finishing.

All terms defined herein are in pursuant to the definition/usage provided in US FAIR CLAIMS GUIDE FOR CONSUMER TEXTILE PRODUCTS.

REGISTRATION/USER ACCOUNT

To be able to register, USER must have a valid email address and a mobile phone number.  USER must be at least 18 years of age, or the age of legal majority in USER’s jurisdiction (if different than 18), to obtain an Account.

  1. Username – USER may register with SWOSH! using a valid email address or a Social Media Account (Facebook) OR Gmail (Google). By allowing us access to these accounts, USER hereby agrees that information provided by the USER are true, accurate and complete information, including USER’s credit card information or other payment channel information.
  2. Address – USER must provide a valid address upon registration. Unless otherwise provided, this will serve as the default pick-up and delivery address for all transactions entered by the USER through this app. USER can add as many pick-up and delivery addresses in the USER Menu. SWOSH! shall not be liable for undelivered items if the delivery address provided by the USER is incomplete or incorrect.
  3. Contact Number – USER must have a valid and active mobile phone number to be able to use SWOSH! services. Landline numbers are not allowed.
  4. Credit/Debit Card Details (not yet available) – USER must have an active credit/debit card or bank account, to be able to avail of the non-cash payment system. By agreeing to these terms, the USER hereby authorizes SWOSH! and its affiliates to charge USER’s credit card or debit card for any and all fees incurred by USER for the services availed through SWOSH!   SWOSH! will not be storing USER’s credit card information in the site/app.  USERS must provide their credit/debit cards for each non-cash payment transaction during the delivery of the laundry using MPOS system.

USER must keep the SWOSH! App updated to fully utilize all functionality and remediate any issues that may arise from using the App.

SERVICES

The term “SERVICES” as used in this USER AGREEMENT shall comprise all Laundry, Dry Cleaning Services, and other related services including pick-up and delivery of laundry items which under agreement with SWOSH! PARTNERS (“Laundry and Dry-Cleaning Services Provider”) are accessible through this App.  The USER acknowledges that although USER may be able to access and obtain the said Laundry Services through the use of the APP, this does not establish SWOSH! as a provider for Laundry Services or a Delivery Services provider.

Further, when the terms “WASH” and “DRY-CLEAN” are used in this Agreement, it refers to the process used to remove soil from articles.  Hence, when an item is to be “WASHED” or “DRY-CLEANED”, it means the items can be machine-washed not in hot water, can be machine dried at high settings, can be ironed at a hot setting, can be bleached with all commercially available solvents, and can be dry-cleaned with all commercially available solvents.

For purposes of this Agreement, the term “Regular Items” refers to the following articles of basic clothing: Pants, Slacks, Denims, Jeans, Shirts, T-Shirts, Polo Tee, Sando, Sport Shirts, Sportswear, Athletic Clothes, Sports Apparel, Skirts, Shorts, Trousers, Ties, Scarves, Shoals, Blouses, Non-Delicate Dresses, Blazers, Coats, Jackets, and Undergarments as long as it is placed inside a mesh bag. Any other clothing apparel that is not mentioned above that our Partners considered as “Regular items” will be accepted as well.

Types of Services

SWOSH! Regular (Per Load) Service – Our SWOSH! Regular Transaction (Per load) is one load of Regular Laundry items up to 8 Kg at a discounted price.  Should your Laundry items exceed 8Kg, USER can opt for a second load or they could lessen the 1st load weight. USER can fill the bag up with any Regular laundry items except for the following.

  • Quilt Covers
  • Delicates
    – Delicate Items: Chiffon, Pleated, Moire, Ninon, Lace, Silk, Tussar Silk & Satin
  • Rugs / Carpets
  • Wet Items (Laundry Partners Discretion)
  • Bags
  • Curtains with metal rings.

USERS have the option to segregate the whites from the colored ones, and it will be on two separate bags(loads).

  1. BLEACHING –  Bleach is a specific type of laundry aid that removes stains & odors from clothing. We offer two types of bleaching
    1. Regular Bleaching Per Load (Whites) – It has a whitening and brightening effect on white clothing.
    2. Color-Safe Bleaching Per Load (Colored) – Oxygen bleach is safe for use on many fabrics and is sometimes referred to as color-safe bleach or all-fabric bleach. Unlike chlorine bleach, this bleach does not remove color or patterns on most types of colorfast clothing.
  2. EXTRA DRY

NOTE: Everything placed in the bag will be washed in one load (Wash, Dry & Fold). Bed sheets, Comforters, Curtains & Towels should be in separate load not exceeding for more than 4kg.

Kindly separate garments that may be damaged, including color fastness or “HAWA” if washed with other garments.

Should the item need or require special treatment, SWOSH! and SWOSH! PARTNERS will not be responsible for any shrinkage, color fading & any other incidental damages on the garments caused by loose items such as cosmetics, pens, and etc.

USER also agrees not to include their personal laundry bags upon pick-up of their laundry. The SWOSH! Representative & PARTNERS shall not be liable for loss of USER’s personal laundry bags.

Special – This is USERS typical laundry Service based on Laundry weight and Piece.

Dry Cleaning – This service is for more delicate laundry items. This could also be applied to items such as delicate dresses, barongs, suits, and leathers.

DETERMINATION OF PRICE

SWOSH! Pack (Per Bag) – The price for each bag is pre-determined and is available to the USER during booking. If SWOSH! Representative upon weighing, determines that the bag can hold less than the maximum capacity of the bag, the price per bag will still be the Upfront Price indicated in the App for SWOSH! Pack (Per Bag) service.

Special – If the USER chooses such service, USER must indicate the assumed number of Kilo or Piece per laundry item.

  1. Wash, Dry & Fold (Per Kilo) – USERS may select this type of service if they want to have a Per Kilo transaction. PARTNERS will only accept the transaction once it meets their minimum kilo.

Service price may vary and subject to change during off-peak days.  Mondays, Tuesdays, Wednesdays, Thursdays are considered off-peak days.  Meanwhile, the Peak days are Fridays, Saturdays, Sundays and Public Holidays. For purposes of determining the peak and non-peak rates, the date of pick-up will be the basis for computation. (Not yet available)

  1. Pressing – USERS were provided an added convenience of having their clothes Ironed on a Per Piece basis after availing the WASH, Dry & Fold service.

Dry Cleaning – The price per piece is determined by the PARTNERS based on the prevailing rates in their laundry shops and their assessment. In-App Price is set on a minimum to maximum range, to show how much will a certain service item cost based on PARTNERS appraisal. USER may cancel their transaction if they do not agree with the assessed rate of the PARTNERS.

By availing a “Dry Cleaning” service, USER agrees that each item/s do not exceed a value of Php 10,000.00.

Moreover, SWOSH! Representative reserve the right to decline an item upon pick-up if the SWOSH! Representative or PARTNER determines that the item does not conform to the specifications.

Shoe Cleaning – The price per set of sneakers is determined by the PARTNERS based on prevailing rates in their laundry shops.

After choosing the services, SWOSH! allows the USER to compare the price of the services among all available PARTNERS.

SUITABILITY FOR LAUNDRY

SWOSH! has set guidelines to standardize the laundry process of all its PARTNERS.  By using this APP, the USER agrees that all his/her laundry items/clothes are suitable to be washed in tap water, on a normal cycle, and dried using heat in a tumble dryer. The PARTNERS will not be responsible for any damage to clothing that is not suitable for this standard laundry process. Similarly, the PARTNERS reserve the right to refuse to service items that are too hazardous for handlings, such as items heavily soiled with human or animal waste.  The SWOSH! REPRESENTATIVE reserve the right to decline the item/s upon pick up if the SWOSH! REPRESENTATIVE determines that the item/s exceed a value of Php10,000.00. The PARTNERS may also refuse service if, upon pick-up, it was determined that the items will require a different laundry process than that specified or indicated by the USER in our APP Services Menu.  USER will be notified by the SWOSH! Representative through the APP as to the impossibility or difficulty of the laundry process.

USER also agrees not to include their laundry bags upon pick-up of their laundry. USER must check each laundry item for any loose coins, watches, jewelry, or cufflinks prior to the scheduled pick-up.  The SWOSH! Representative & PARTNERS shall not be liable for loss of valuables for the failure of the USER to check his/her laundry during pick-up.

SCHEDULING

USERS can choose the time and date and location for pick-up and delivery of laundry items.

RE-SCHEDULING

USERS can request for a re-schedule of his/her transaction through call or in-app messaging. This is only applicable 2 hours before the actual Pick-up and Delivery time. Otherwise, USER’s will be tagged as “No Show” on Pick-up and “Redelivery” on Delivery.

ADVANCED BOOKING

Schedule of pick-up and delivery can be done in advance but only within 5 days from the time of booking to give the SWOSH! Representative enough time to manage their delivery and pick-up schedule.  Delivery will be within 5 days from the time of Pick-up schedule.

CANCELLATION/NO SHOW POLICY

USER is free to cancel a scheduled pick-up and delivery schedule prior to the scheduled pick-up time. However, if USER canceled the transaction 3 hours before the scheduled pick-up and delivery time, USER will be charged with a cancellation fee of Php50.00 upon their next booking or transaction. Cancellation may also not be available when SWOSH! REPRESENTATIVE is already in transit to USER. There is a limited number of cancellations to prevent abuse in their succeeding transactions.

PICK-UP AND DELIVERY

  1. It is the USER’s responsibility to either personally hand over their Laundry items to the SWOSH! Representative upon pick-up, or have it ready at the agreed upon day, time, and location. Pick-up time will be at least 3 hours after the booking (depending on availability), and delivery as early as 24 hours after the pick-up (based on availability).
  2. SWOSH! Representative will only wait up to 15 mins to Pick-up and Deliver the transaction upon arriving on the USER’s location and upon contacting the USER. Otherwise, USER will be tagged as “No Show” for Pick-up and “Redelivery” on Delivery.
  3. Weighing of the laundry items will be done upon pick-up. User will be notified through the APP of the weight and the adjusted amount chargeable to him/her.
  4. If service is per Bag/Kilo, the SWOSH! Representative may record a detailed listing/inventory of laundry items/count of the number of pieces for washing.
  5. SWOSH! Representative must send a notification to the USER through the APP that the laundry has been picked up/delivered already.
  6. If USER requests that SWOSH! Representative leaves the laundry items unattended (e.g., on USER’s porch, in a hallway, or in USER’s foyer) or with a third party (e.g., with a doorman or a neighbor), SWOSH! Representative is not responsible for the laundry before it was picked up or after it was dropped off. USER also agrees that USER’s scheduled pick-up and drop-off time and address are true and accurate otherwise, there will be a slight delay or cancellation on your transaction.
  7. Upon pick-up and delivery, USER may provide special instructions to the Laundry Shop to notify him/her prior to pick-up and delivery. This can be done by accessing the SPECIAL INSTRUCTIONS Page.
  8. If upon delivery, the USER is unable to receive the items, it will be returned to the SWOSH! Representative who shall return the same to the laundry shop. USER may be charged for a re-delivery fee if he requests that the items be delivered again to his/her address.  Re-delivery fees and schedule for re-delivery will be subject to the discretion and availability of the SWOSH! Representative. In any case, applicable storage fees shall apply for every day that the laundry items remain in the custody of the PARTNER, which amount shall be determined by the PARTNER.
  9. SWOSH! and SWOSH! PARTNERS have the right to refuse service if there is a reasonable ground to believe that the circumstances will be prejudicial to the safety of our SWOSH! Representative. This is to protect our SWOSH! Representative from any possible danger that may result to the company’s liability.
  10. USER may track the status of his/her booking. USER may also get in touch with the SWOSH! Representative by going to the SWOSH! Representative PROFILE in the App Menu using In-App chat messaging, SMS or CALL function.
  11. SWOSH! has the right to cancel USERS booking if pick-up and delivery address of USER varies.

UNCLAIMED LAUNDRY

All unclaimed laundry shall be disposed of after 30 days and corresponding storage fees shall apply for every number of days that the items remained unclaimed.  In any case, the storage and disposal fees shall be subject to the discretion of Laundry Shop.

MINIMUM WEIGHT/MINIMUM FEE

For PER KILO SERVICE, PARTNERS may set the required minimum amount per kilo per transaction.  For the PER BAG SERVICE, the minimum amount PER BAG will be determined by the APP. Minimum amount varies as well if it’s a cash or non-cash transaction.

USER can also choose the number of kilos/loads per transaction, but any load weighing less than or in excess of the minimum kilos/transaction required by the chosen PARTNER will be rounded off.

The minimum price per transaction varies per PARTNER so take note of the said minimum price per transaction when choosing the LAUNDRY PARTNER.

PAYMENT

USER can choose between the following modes of payment:

  1. Cash Payment

If the payment is in Cash, the amount payable should be paid upon delivery of the Laundry items.  E-receipt will be automatically sent through USER’s registered email. Cash Payments should be in Philippine Currency.

  1. Credit Card/Debit Card Payment (not yet available)

If payment is made through credit card/debit card, the USER’s credit card/Bank Account shall be debited for the price of the laundry items.  Official Receipt will be available to the USER during delivery through a POS system issued by an accredited Philippine bank.  In both instances, USER can access his/her payments through his/her transaction records available in the APP.  All charges will be inclusive of service fees and any applicable taxes where required by pertinent law.  In case of any canceled transactions, as defined in the preceding sections, cancellation fees may be applied to USER’s succeeding transactions.  If default payment is made through Credit/Debit Card, the account may be automatically debited for the said applicable cancellation charges and reflected in USER’s total bill in USER’s next transaction.  If default payment is through Cash, cancellation charges will be added on top of USER’s bill for USER’s succeeding transaction.  This will be reflected accordingly in USER’s total bill which USER can access in USER’s transaction/payment history.  A notification may also be sent to USER’s registered e-mail address once payment is confirmed.  If USER’s credit card is declined, expired, invalid or has reached the maximum credit limit, SWOSH! has the discretion to require Cash payment.  Unless otherwise determined by SWOSH! , all charges paid are final and non-refundable.

DYNAMIC PRICING

In serviceable areas and seasons where and when the demand for SWOSH! is high (PEAK DAYS), we reserve the right to increase the applicable cost of services offered by our PARTNERS to compensate them for the additional expenses and manpower they may employ to be able to meet the increased demand for their services.  At all times, SWOSH! has the discretion to establish, revise, and remove applicable charges or offer discounts that may lower the cost of the services availed through this APP.

Peak Days start on Friday, Saturday, Sunday, Public and Special Holidays while the remaining days of the week are considered Off-Peak Days.

TIPPING

Any additional payment which is not included in the total cost of the services availed of and given to the SWOSH! PARTNER voluntarily will be considered as gratuities.  SWOSH! does not require such additional payment and the same goes directly to our Partners.

USERS, however, are encouraged to report any extortion or misconduct of any SWOSH! Representative and/or their SWOSH! Representative (DISPATCHERS)

LOST/DAMAGED ITEMS

In case of damaged laundry due to the failure of the PARTNER to follow SWOSH! standard laundry practice, PARTNER must exercise due diligence in ensuring that the item/s will be repaired.  In case it is determined that the item is beyond repair, the following options can be provided to the USER:

(1)           PARTNER will provide reasonable compensation/reimbursement in the amount the mutually agreed price of the Partner and the USER, including the means and manner by which the compensation/reimbursement will be paid. SWOSH, PARTNER and USER agrees that the maximum amount of reimbursed item will be Php 5,000 only.

(2)           Lost items should be reported directly to the PARTNER within 24 hours upon receipt of the delivered laundry.  PARTNER must take all the necessary steps to find the lost items.   Items are considered lost twenty (20) days after the initial report has been made.  USER may also report the incident to SWOSH! via HELP function under the transaction to assist in locating the lost items.

If the item cannot be found after due diligence, the options indicated above will be provided to the USER in the same manner.

Failure of the customer to report lost or damaged items within 24 hours constitutes a waiver of his/her claim for any lost or damaged items from that delivery.

Our PARTNER shall not take responsibility for any loose items lost when submitted such as watches, jewelry, or cufflinks.

USER understands that SWOSH! is in no way liable for the replacement of lost or damaged laundry items.

SWOSH! will provide the USER’S contact information if there are only immediate concern regarding their laundry. We assure you that SWOSH! and our PARTNERS will no longer contact you after the incident.

NORMAL WEAR & TEAR

While every care is taken, SWOSH! and SWOSH! PARTNERS are not responsible for fastness of color, shrinkage, or any item not claimed within 24 hours of delivery to the USER.  Our PARTNERS are also not responsible for colors running or fading, loss or damage of button and buckles.

In addition, our PARTNERS do not take responsibility for any deteriorated or flawed garments, which could result in small holes or tear.

If the USER is not satisfied with the services rendered by our PARTNERS or in case of complaints, the USER can utilize the rating and feedback function of the APP.

USE OF PLATFORM

The USER is prohibited from using this APP for any other purpose other than that provided in these Terms of Use.  USER is also prohibited from using any device, software, or program to interfere in the normal operation of the App or to access private information or data stored, contained, or used in the APP.

PROMOTIONAL CODES

SWOSH!, in its sole discretion, may create referral and/or promotional codes, rewards or incentives that may be redeemed by USER for discounts or credits on the future use of the APP and/or a Third Party Provider’s, including PARTNER’s services. These codes, rewards, or incentives will be subject to the terms and conditions which SWOSH! may create specifically for the same.  In availing such promotional codes, the USER hereby agrees that such Promo Codes must only be used for the intended audience and purpose, and in a lawful manner.  These codes may not be duplicated, sold, or transferred in any manner, or made available to the general public unless expressly permitted by SWOSH!.  Further, unless extended, these promotional codes may be disabled by SWOSH! at any time and for any reason without liability to SWOSH! or expire prior to use without notice to the USER.

GRANT OF LIMITED LICENSE

USER’s access to the APP and the services are licensed and not sold.  Subject to the terms of this Agreement and upon USER’s registration, SWOSH! hereby grants USER a revocable, non-exclusive, non-transferable access to and use of the Services, the App and the Site.  All the Content that is made available for viewing and/or download in connection with the Site and APP is owned by and is the copyrighted work of SWOSH! and/or its suppliers and is licensed, not sold.  USER does not have the right to lend, lease, rent or sublicense the Site, the APP and/or the Content.

GENERAL DISCLAIMER

Unless the disclaimer of such warranties is prohibited by applicable law, USER expressly agrees that access to the APP and the services, by any means is at USER’s sole risk and that the services are provided “as is” and “as available,” and SWOSH! do not make any warranties whatsoever with respect to the APP, including without limitation, warranties, either express or implied, such as the warranties of non-infringement, merchantability, and fitness for a particular purpose, or that the APP will be uninterrupted, error-free, or provide adequate, complete or timely information or data.  In the same manner SWOSH! does not guarantee or warrant that files available for downloading from the site or the APP will be free of infection by viruses, worms, trojan horses or other codes that manifest contaminating or destructive properties.  SWOSH! also does not warrant or guarantee that the functions or services accessed through the APP will be uninterrupted or error-free or that defects in the site or APP will be corrected.

Furthermore, SWOSH! does not guarantee the reliability, timeliness, quality, suitability, availability, safety, or the ability of the services or any services requested through the use of this APP, nor does it guarantee the quality, suitability, safety or ability of third-party providers.  The risk arising out of USER’s use of the APP, and any service requested in connection therewith, remains solely with the USER.

Notwithstanding the foregoing paragraph, SWOSH! will not be liable under any theory of law, for any indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data or costs of replacement goods, arising out of the use or inability to use the site or APP or resulting from the use of or reliance on the information presented by SWOSH!, even if the latter may have been advised of the possibility of such damages.

DISCLAIMER OF THIRD PARTY INFORMATION

In using this Site and/or the App, USER may be exposed to Third Party content and services from a variety of sources (including advertising). It is understood that SWOSH! is not responsible for the accuracy, usefulness, safety, or intellectual property rights of/or relating to such or Third Party content.  USER may also be exposed to Third Party content that may be offensive, indecent, inaccurate, or objectionable. In no event and under no circumstances shall SWOSH! be responsible or liable for any products or services of such Third Party providers.  Additionally, Apple Inc., Google, Inc., Facebook and Instagram will be a Third-Party beneficiary to this contract if USER access the Services using Applications developed for Apple iOS, Android -powered mobile devices.  These Third Party providers are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner.  USER’s access to the Services using these devices is subject to terms set forth in the applicable Third Party beneficiary’s terms of service.

LINKS TO THIRD PARTY SITE/APPS

This App may contain links to third party websites.  USER may access other sites or App linked to SWOSH! at USER’s own risk and SWOSH! does not guarantee the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites.  Furthermore, providing links to these sites and App should not be construed as endorsement or recommendation express or implied of these sites/App.  Access or use of these Third-Party sites and App are governed by their own privacy statements.

INDEMNIFICATION

USER agrees to indemnify, defend and hold harmless SWOSH!, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, suits, including reasonable attorney’s fees, resulting from any violation of this agreement, breach of USER’s representations contained herein, or any activity related to USER’s account (including infringement of Third Parties’ worldwide intellectual property rights or negligent or wrongful conduct) by USER or any other person accessing the site or the App.

WAIVER AND RELEASE

USER agrees that SWOSH! its officers, affiliates, or any of our or our affiliates’ respective officers, directors, members, managers, employees, agents, suppliers or successors or licensors shall not have any liability to USER under any theory of liability or indemnity in connection with USER’s use of the site, the APP, the service or content or any transaction entered by USER with our LAUNDRY PARTNERS.  Furthermore, SWOSH! is not in any way, party to any transaction between the USER and our PARTNERS, except serve as platform for USER to avail of our PARTNER’s services.  The USER also specifically acknowledges that SWOSH! shall not be liable for any and all content or the defamatory, offensive, or illegal conduct of any Third Party links or App and that the risk of harm or damage from the foregoing rests entirely with the USER.

Lastly, the USER hereby releases and forever waives any and all claims USER may have against SWOSH!, its officers, directors, employees, agents, licensors or suppliers (including but not limited to claims based upon the negligence of SWOSH!, its officers, directors, employees, agents, licensors or suppliers) for losses or damages USER sustains in connection with his/her use of the site, the APP, the service, or the content.

LIMITATION OF LIABILITY

Notwithstanding the foregoing paragraph, SWOSH! will not be liable under any theory of law, for any indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data or costs of replacement goods, arising out of the use or inability to use the site, the APP or resulting from use of or reliance on the information presented, even if SWOSH! may have been advised of the possibility of such damages.  The site and the APP are controlled and offered by SWOSH! from its facilities in the Philippines.  SWOSH! makes no representations that the site and APP is appropriate or available for use in other locations.  Those who access or use the site or APP from other jurisdictions do so at their own volition and are responsible for compliance with local law.

No employee-employer relationship shall exist between SWOSH! and the SWOSH! PARTNER.  The SWOSH! Representative (DISPATCHERS) shall be under the direct supervision and control of the PARTNERS, who shall choose, hire, employ such in accordance with the PARTNER’s own standards.  PARTNERS, therefore, undertake to hold SWOSH! free from any and all claims arising from the employment of their respective SWOSH! Representative.  Should SWOSH! be impleaded in any labor case involving any of the PARTNER’S SWOSH! Representative, SWOSH! reserves the right to immediately terminate this Agreement and to claim Attorney’s Fees and costs of suit against the PARTNER.

SWOSH! shall not be liable for any conduct unbecoming of the SWOSH! Representative (DISPATCHERS) or damages caused to the CUSTOMER due to the negligence of the SWOSH! PARTNER and Representative (DISPATCHERS).

TERMINATION

SWOSH! may also suspend access to this site or APP or terminate immediately this agreement, without notice, if USER fails to comply with the terms of this agreement.

PRIVACY

SWOSH! respects the privacy of USERS and any information provided to us.  As such we will not resell, rent or share the information USER provides to us with any unaffiliated third party, except as required by law or, with USER’s consent, to process or evaluate a proposed transaction.  We commit to using the information USER sends to us in a responsible and secure manner.

GOVERNING LAW

This Agreement shall be governed by the laws of the Philippines and all litigations arising from the enforcement, termination, and interpretation of the terms of this agreement shall be filed only in the Courts of Quezon City to the exclusion of all other courts.

EVENTS OUTSIDE OUR CONTROL

SWOSH! will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.  An Event Outside Our Control means any act or event beyond Our reasonable control, or the reasonable control of any of our PARTNERS including (without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or closure or failure of public infrastructure or public or private telecommunications networks.

NON-WAIVER

SWOSH!’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.  No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof.  In the same manner, neither shall such waiver constitute a continuing waiver of any such term, provision or condition hereof.

This Agreement and its Annexes constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, statements whether written or oral, negotiations or understandings between the parties concerning the services provided herein.

NOTICE

SWOSH! may deliver notice to USER under this Agreement by means of electronic mail, a general notice on the Site or the App, telephone of text Messaging to the phone number registered in USER’s Account or by written communication delivered by registered mail to USER’s address on record in the Account.  In the same manner, USER may give notice to SWOSH! at any time via electronic mail through the following address: customercare@swosh.ph.com or through our website: www.swosh.com.ph