Terms and Conditions

By accessing or using the service of the website SwagOn.co (“Website” or “SwagOn”) under the management of SwagOn Company Limited (“The Company”) (including branches, affiliates, business that the company holds partnership, subsidiaries, agents, officers, employees, or authorized persons all together called “The Company” or “We”), you deem to accept and agree to be bound by these terms and conditions (“Conditions”) appeared on the website. Further, you accept privacy policy of the website and accept to follow rules and regulation of the website such as usage, practice, and procedures or conditions for accessing or using the services of the website.

1. General Conditions

Once you use the service through the website it means you agree with terms and conditions of the service, so please carefully read the terms and conditions. Creating an account or using the service through the website is implicitly understood that you read, understand, accept, and agree with the terms and conditions of the services as well as relevant rules and regulation (all together called “agreement” or “conditions”). Further, using the service through the website and other channel which may be available in the future under the control or administration of the company (all together called “SwagOn’s Channel” “Service” or “Website”) means that you accept and agree to be bound by the terms and conditions appeared on the website as well as privacy policy of the website and also accept to follow rules and regulation of the website such as usage, practice, and procedures or conditions for accessing or using the services. The company reserves the right to change, amend, withhold, or cancel agreement, conditions, governing law, rules and regulation, maintenance of security, or technical changes in the service of the company without prior notification.

2. Creating Your Account

To use the service, you are required to register account name and set the password as well as providing correct, complete, and true information about yourself through the website (“User Account”) and always update such information. In case the company checks and finds that the information you provide us is incorrect, the company reserves the right to withhold or withdraw your account at once and you are responsible for all actions under your account including safeguarding your password. You agree to immediately notify the company of any unauthorized use of your username, password or account. However, the company reserves the right about responsibility in your account or password with third party. If the company use all its expertise and carefulness as appropriately as it should do and there is unauthorized use of your account, the company has the right to withdraw or withhold your account resulting from your or third party’s acts of violating the conditions of the company.

3. Types of Work

3.1 Types of Work

In creating the design for item which may consist of message, picture, design, graphic, or other element hereinafter called “The work” or “Item design” that is initiated or uploaded to the website must be your own creation or you must be granted the rights or exclusive rights to use such item design and must not violate copyright of any third party. You are permitted to create the design for item production through the website.

3.2 Content

You agree and accept that the work and its components uploaded to the website are owned by you, whether exclusively or not, or you are authorized to use, broadcast, copy, or modify such content of which all or part does not violate or infringe upon copyright, right by law (including privacy right, and disclosure right) of third party, social order, or other relevant laws except you are authorized by legitimate owner of the content or your right is acquired by other lawful means to upload, use, broadcast, copy, or modify the content under this terms and conditions of the service.

3.3 Picture

You must own all or part of picture, drawing, photograph, or comic used in the item design and production. In case you use any graphic material which belongs to other people in the item design, you must be an owner or must be authorized, whether exclusively or not, by legitimate owner of the content or you are lawfully granted the right to use, broadcast, copy, or modify the content.

You are solely responsible for expenses, legal fee, compensation and other relevant indemnities in case of claims for rights, lawsuit, order, or judgment regarding infringement of copyright from your use of other people’s copyrighted materials.

4. Limitation to Upload the Work

4.1 Size of the work

You understand and agree that the work that you will upload must have appropriate size of screen-printed design as follows:

In case you upload the work not according to the above given conditions of the website and the company complete the process of screen printing and delivery to you, and if you are not satisfied with the quality of the work you uploaded, the company reserves the right not to refund the cost of screen printing the t-shirt or delivery or other related costs incurred. Further, in the case that you upload the work for sale on the website, the company reserves the right not to allow the work inconsistent with the terms and conditions of the website given to be shown on the website once the company finds out.

4.2 Content

Do not post or upload content on SwagOn website, if such content is related to one of the following:

(1) the purpose of content is to impute anything to the other person in a manner likely to impair the reputation of any person or to expose such other person to be hated or scorned.

(2) content of people under the age of 18.

(3) the purpose of content is to defame, insult, abuse, or offense any individuals, groups, organizations, or institutions.

(4) the purpose of content is to promote, incite, or instruct in crime or violence.

(5) content related to pornography, a pornographic image that contributes nothing educationally, sexual organ, sexual harassment, sexual activity, or sexual behavior that a reasonable person would not accept.

(6) content that includes copyright infringement.

(7) content that is expressly prohibited by law or is contrary to public order or good morals.

4.3 Illustration

Illustrations which are not allowed to compose the work are as follows:

(1) All or part of illustrations in the work whether all or some part of each infringe upon copyright or other people’s right or include watermark of the copyright owner.

(2) The illustration is obscene or arousal sexually which lead to inappropriate sexual behavior or desire.

(3) There is a display of private part of human body normally should be covered. Censor is needed for both man’s lower part of body and woman’s upper and lower part of body. Any illustration showing sexual intercourse or sexual activity such as picture of people having sexual intercourse or showing sexual organ; or

(4) Modification of picture or any illustration that has copyright as well as uploading it to the website without consent by the copyright owner.

5. Warranties of the User

5.1 User will not commit the act that violate the rights of other people, law, agreement, or legal commitment that you have with other people.

5.2 User will not infringe upon copyright, intellectual property, and other rights of other person or juristic person.

5.3 User will not exploit the website for personal benefit or for other people’s commercial benefit. If you exploit the website in such manner, you are solely responsible to the business partner regarding marketing communication, buying or selling of products, payment system, delivery or services, and product or service warranties. The company is not responsible for such commercial activities conducted on your own or on behalf of other people.

5.4 User will not copy and or keep data of other people appearing on the website including name, address, e-mail, work, illustration, as well as music.

5.5 User will not do anything that may create virus or computer coding, data file, or any other program designed to destroy, interfere, or limit normal use of service or the website (or part of the service), or computer software or hardware.

5.6 User will not conduct any illegal or unlawful act.

5.7 User will not reverse engineer, copy, separate, or try to find out the code or try to access all or part of basic source or structure of the company’s service.

6. Limitation of the Company’s Liability

6.1 The company is not liable in the case that you broadcast the work, content, language, picture, sentence, or all or part of any other component conveying material that is obscene, slanderous of person or institute, infringe upon copyright of other people, violate law or enforced rules and regulation, as well as deteriorate peacefulness and moral conduct of people.

6.2 The company has no liability for work or content that you or any other people upload, post, broadcast through the website, comment, suggest, or criticize the content and violate other people’s rights. The company reserves the right to withdraw, withhold, or cancel the work without prior notification in the event that you commit any act of infringement upon copyright in the company’s channel as well as in the case that the company is notified that all or part of content or component of the work violate intellectual property right of other people.

6.3 The company does not guarantee that the service on our website will be satisfactory, free of disturbance, prompt, safe, free of mistake, information received from the use of the website service is accurate/ reliable, or the service on the website will meet your expectation. The service is in your discretion and you are responsible for all the losses that may incur as a result of access to such works whether you receive data or suggestion from the company in writing or verbally or not, the company deems not to guarantee in all cases.

6.4 The company will not be liable for arranging, taking care, or being responsibility for consistent internet connection to use with your equipment as well as the case that you cannot download work or content. You agree to be responsible for loss that may incur from the system of your equipment or loss of data as a result of downloading the work or content regardless that you receive instruction or information from the company.

6.5 You agree and accept that the service on the website of the company is protected and secured by electronic safety system in line with the standard in prevention of copyright infringement and protection from damages. The company is not liable for any incident resulting from internet system, connection, equipment, or outsiders who are beyond the company’s control and may access the system without authorization and create loss to data or program, disturb the work of computer system or network, unauthorized access to the system or network, as well as data hacking.

6.6 If you do not follow rules and regulation for using the service on the website, the company reserves the right to withdraw your membership, stop the service, delete your data, delete your account, or take any action to the data and your account to protect and caution the public without prior notice and the company is not liable for any resulting loss.

7. Indemnification

You agree to inspect, take care, compensate, and not to create trouble for the company, its agent, or other people from being claimed for damages. Loss and expense such as attorney fee resulting from your use of the service or attend the company’s activity, or your violation of the terms and conditions in this agreement or any act by your account (such as ignorance or committing an offence) whether by yourself or other person who can access your account.

8. Linking the Websites

This service or involved person may have link to other websites or other internet sources of data which is out of the company’s control. You acknowledge and agree that the company will not be responsible for anything that happens on such websites or sources of data. Further, the company does not guarantee, is not responsible for any content, advertisement, product, service, or other content appeared on such websites or sources of data. You also acknowledge and agree that the company will not be liable for loss or damage incurred or accused from the use of service, content, advertisement, product, service, or content that appears or is derived from such other websites or internet sources of data.

9. The Company’s Intellectual Property

All the work available in the service of the company such as content, clause, graphic, logo, icon, picture, and others in general as well as the software utilized in the company’s website are all properties of the company and protected under Thai law and international law without limitation regarding copyright and other laws protecting intellectual properties and patent of the company. You agree not to infringe upon the company’s copyright and follow other relevant laws for data and limitation in the content accessible by the website.You agree to follow and abide by copyright law and other laws as well as instruction or regulations appear in the work and will not modify the work that the copyright is owned by other people without permission. You agree that you cannot take possession of ownership right in the content by downloading it through the website unless otherwise stated by law or unless otherwise receive permission in the conditions of the company’s website. You also cannot reverse engineer to reproduce, broadcast, transfer, display, participate in sales, create a copy, or exploit commercial benefits with other people from all or part of the website without clear permission from the company and owner of the work. We do not permit you to utilize the company’s intellectual properties except in the case that the conditions in this agreement allow you to.

10. Copyright Infringement

You guarantee that your work does not infringe upon any copyright, right by law (including privacy right and publicity right) of other people or conduct of the society or other laws whether all or part. If it is found later that your content violates such rights whether all or part of it and there is a claim for damages, you will take all action to solve problem with the claim or accusation. In addition, you agree to be responsible and to compensate all expenses incurred including charges and attorney fees to the company in total amount as a result of your copyright infringement or violation of such other rights.

11. The Company’s Rights

The company reserves the right to cancel, withhold, delete your work or account (“Terminate the Service”) without prior notice in the case that the company finds out you breach any of these terms and conditions. Once the service is terminated, the company may withdraw access to your account without prior notice and without refund. The company also reserves the right to amend or change conditions of the service, privacy policy, governing law, rule and regulation, security, or technical change in the company’s service without prior notice. Once changed, it takes immediate effect. Therefore, please check terms and conditions every time you use the service of the company. In case you do not accept the changed terms and conditions, you will not be able to access the service.

12. Privacy

All data given by you or gathered by the company in connection to the service shall be according to the company’s privacy policy. The company may exploit or keep record of the data on the use, duration of use, type of work under privacy policy. The company will use such data for marketing purpose or advertisement or other service which may be in your interest. In addition, the data you send or give to the company which may be accessible by other people should be maintained confidentially by you. The company is not responsible for keeping any data and will not be responsible for keeping confidentiality of data sent via e-mail or other data sent via internet or other network that you may use. The company is not liable for controlling or responsibility in your action.

13. Other Conditions

13.1 By using or accessing the company’s website, you agree to be bound by all the above terms and conditions in using the service of our website and will be responsible for any loss resulting from your use or access to the website.

13.2 If any provision of this agreement is incomplete, illegal, or held invalid by a court, such provision shall be ignored and the remainder of this agreement will remain in full force and effect.