Introduction

Welcome to SwiftX. These Customer Terms & Conditions (“Terms”) and the accompanying Customer Data Privacy Policy (“Privacy Policy”) govern your use of the SwiftX mobile and web applications and related services (collectively, the “Platform”). By registering, placing an order, or otherwise using the Platform you acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy.

Part I — Customer Terms & Conditions

1. Nature of the Platform

• SwiftX is a digital technology platform and marketplace connecting customers, registered merchants, and independent delivery contractors.
• SwiftX is NOT a restaurant, food handler, or food service business. SwiftX does not prepare, cook, handle, store, or modify the physical food or goods offered by merchants.
• Responsibility for the physical product (including food safety, quality, labeling, allergen information, and tamper-evident packaging) lies solely with the merchant.

2. Account Eligibility & Security

• Eligibility: You must be at least 18 years old and legally competent to enter into contracts under Philippine law to register and use the Platform.
• Registration Information: You must provide accurate, complete, and current registration and account information and agree to promptly update any information that becomes inaccurate.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities that occur under your account.
• Consequences of Misuse: SwiftX may suspend or terminate accounts for fraud, repeated violations of these Terms, unlawful activity, or other abuses at SwiftX’s discretion.

3. Ordering & Pricing

• Merchant Acceptance: Orders are subject to merchant confirmation. Placing an item in your cart does not constitute a binding agreement until the merchant confirms acceptance.
• Prices & Fees: Delivery fees, service fees, taxes, surcharges, and other charges may apply and will be shown at checkout.
• Payment Processing: By providing payment information you authorize SwiftX and its payment processors to charge the applicable payment method.
• Order Modifications: Requests to change items or delivery details must be made promptly. Changes cannot be guaranteed after the merchant has accepted or prepared the order.

4. Cancellations & Refunds

• Customer-Initiated Cancellation: Orders may be cancelled prior to merchant confirmation. After acceptance, cancellation fees may apply.
• Merchant-Attributable Errors: Refunds may be granted for non-delivery, wrong items, or missing items, subject to verification.
• Refund Process & Timing: Refunds, if approved, will be issued via the original payment method or as account credit at SwiftX’s discretion.
• No-Refund Situations: SwiftX is not responsible for subjective food quality issues (taste, temperature) unless tied to a verifiable merchant failure.

5. Delivery & Timing

• Independent Delivery Contractors: Delivery is provided by independent contractors who are not employees of SwiftX.
• Delivery Estimates: Delivery times are estimates only and may be affected by traffic, weather, or other events beyond SwiftX’s control.
• Delivery Instructions: You are responsible for providing accurate delivery instructions. SwiftX is not liable for failed delivery due to inaccurate instructions.

6. Limitation of Liability

• Merchant Responsibility: Merchants are exclusively responsible for the quality, safety, packaging, and lawful sale of their products, including compliance with RA 10611.
• Platform Liability: SwiftX’s maximum aggregate liability for any claim shall not exceed the total amount paid for the specific order giving rise to that claim.
• Exceptions: Nothing herein excludes liability for death or personal injury resulting from SwiftX’s proven gross negligence or willful misconduct.

7. Prohibited Conduct

You agree not to, directly or indirectly:

• Use fake, false, or misappropriated accounts or identities.
• Place fraudulent orders or abuse referral/discount mechanisms.
• Harass, threaten, or abuse merchants, riders, SwiftX staff, or other users.
• Interfere with or attempt to gain unauthorized access to the Platform or SwiftX systems.
• Use the Platform for unauthorized commercial resale.

Violations may result in account suspension, termination, criminal referral, and/or civil liability.

8. Intellectual Property

All intellectual property rights in the Platform are owned or licensed by SwiftX. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform for personal, non-commercial purposes only.

9. Data & Notifications

By using the Platform you consent to receive transactional messages, push notifications, SMS, and emails related to your orders and account. You may opt out of promotional communications but not from transactional messages necessary to provide the service.

10. Changes to These Terms

SwiftX may modify these Terms from time to time. Material changes will be posted on the Platform. Continued use after posting constitutes acceptance of the revised Terms.

11. Governing Law & Dispute Resolution

• Governing Law: These Terms are governed by the laws of the Republic of the Philippines.
• Jurisdiction & Venue: Any dispute shall be exclusively brought before the courts of competent jurisdiction in Don Carlos, Bukidnon.
• Injunctive Relief: Nothing prevents SwiftX from seeking injunctive or interim relief in any court where necessary to protect SwiftX’s rights.

12. Miscellaneous

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and SwiftX regarding the Platform.
• Severability: If any provision is held invalid, the remaining provisions remain in full force.
• Assignment: You may not transfer your account or these Terms without SwiftX’s prior written consent.

Part II — Customer Data Privacy Policy

Introduction

This Privacy Policy explains how SwiftX (operated by Josh Carlou C. Ycaro) collects, uses, stores, shares, and protects personal data of customers in accordance with the Data Privacy Act of 2012 (RA 10173) and other applicable laws.

1. Data Controller & Contact

• Data Controller: SwiftX (operated by Josh Carlou C. Ycaro), Don Carlos, Bukidnon, Philippines.
• Privacy Contact / DPO: swiftxph@gmail.com

2. Personal Data We Collect

• Identity & Contact: Full name, mobile number, email address, profile photo (optional).
• Location & Delivery: Delivery address, geolocation/GPS data (when enabled).
• Transaction Data: Order history, items ordered, delivery time, payment amounts.
• Payment & Billing: Tokenized payment identifiers (we do not store full card numbers).
• Device & Technical: Device identifiers, OS, browser type, IP address, app version, crash logs.
• Communications: Customer service interactions, ratings, and reviews.

3. Purposes of Processing

• Order fulfillment, payment processing, and delivery coordination.
• Account management, identity verification, and authentication.
• Fraud prevention, platform security, and service improvement.
• Customer service and dispute resolution.
• Legal compliance and enforcement of SwiftX’s rights.
• Marketing communications (with your explicit consent; you may opt out at any time).

4. Legal Bases for Processing

• Contractual Necessity: Processing necessary to perform the contract.
• Legal Obligation: Processing necessary to comply with legal obligations.
• Legitimate Interests: Fraud prevention, platform security, and service improvement.
• Consent: For promotional communications or sensitive personal information.

5. Data Sharing & Recipients

• Merchants: Name, delivery address, contact number, and order details to prepare and hand over the order.
• Delivery Partners: Name, delivery address, contact number, and GPS data for pickup and delivery.
• Payment Processors: Payment-related information to complete transactions.
• Service Providers: Hosting, analytics, and support platforms bound by data processing agreements.
• Regulators & Law Enforcement: Where required by law or court order.
• No Unrestricted Sale: We do not sell personal data for third-party marketing purposes.

6. Data Retention

Order and transaction data are retained for two (2) years from the date of the last transaction, unless a longer period is required by law or to resolve disputes. Data is securely deleted or anonymized after retention periods expire.

7. Data Security

We maintain administrative, physical, and technical safeguards to protect personal data. In the event of a verified breach we will notify affected individuals and the National Privacy Commission as required by law.

8. Data Subject Rights

Under RA 10173 you may exercise the following rights:

• Access — request confirmation and access to your personal data.
• Rectification — request correction of inaccurate or incomplete data.
• Erasure or Blocking — request deletion or blocking where permitted by law.
• Object — object to processing based on legitimate interests or for direct marketing.
• Data Portability — request a copy of your data in a machine-readable format.
• Withdraw Consent — withdraw consent where processing is based on consent.

To exercise any of these rights, contact us at swiftxph@gmail.com. We will respond within the timeframes required by RA 10173 (generally 30 days).

9. Children’s Privacy

The Platform is not directed to persons under 18. Contact swiftxph@gmail.com to request deletion if you believe a minor’s data was collected without consent.

10. Changes to the Privacy Policy

SwiftX may update this Privacy Policy to reflect changes in law or our services. Continued use constitutes acceptance of the revised policy.

Contact & Customer Support

• Email: swiftxph@gmail.com
• Operator: SwiftX (operated by Josh Carlou C. Ycaro), Don Carlos, Bukidnon, Philippines

Acknowledgement

By using the Platform you confirm that you have read and understood these Terms and the Privacy Policy, that you consent to the collection and processing of your personal data as described, and that you agree to be legally bound by these Terms.