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Terms & Conditions

Data Protection Policy for Customers

This Data Protection Policy (“Policy”) sets out the basis which SWIFTLY PTE. LTD. and/or its related corporations (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”).

This Policy applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

Personal Data

As used in this policy: “customer” means an individual who

(a) has contacted us through any means to find out more about any goods or services we provide, or

(b) may, or has, entered into a contract with us for the supply of any goods or services by us; and “personal data” means data, whether true or not, about a customer who can be identified:

(a) from that data; or

(b) from that data and other information to which we have or are likely to have access.

The personal data which we may collect from you include:

(a) Your personal information such as your name, NRIC/FIN/Passport Number, date of birth, nationality, gender

(b) Your contact information such as residential address, email address, and contact number

Collection, Use and Disclosure of Personal Data

We generally do not collect your personal data unless

(a) it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after

(i) you (or your authorised representative) have been notified of the purposes for which the data is collected, and

(ii) you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or

(b) collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).

If you provide us with any Personal Data relating to a third party (eg. information of your spouse, children, parents, and/or employees), by submitting such information to us, you represent and warrant to us that you have obtained the consent of the third party to provide us with their Personal Data for the respective purposes.

We may collect and use your personal data for any or all of the following purposes:

(a) submit documents with government agencies for the formation of a new corporation or business entity;

(b) complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;

(c) respond to queries and feedback, and provide customer service and support;

(d) to provide you with services or assistance that you have requested;

(e) notify you about products, services, or special offers;

(f) for sending out the Annual filing reminder;

(g) process contract renewals and upgrades; and

(h) managing your relationship with us

We may for these purposes, contact you via mail, email, telephone, SMS or other communication means.

Our website is set up to automatically collect anonymous information about visitors to help us understand our website visitors and their traffic patterns; to know when visitors have accessed our site, which devices they use for statistical purposes and to improve our service.

We may disclose your personal data:

(a) the various departments within the organisation;

(b) any of our collaborative partners, agents, contractors or third-party service providers that process or will be processing your personal data on our behalf including but not limited to those which provide administrative or other services to us such as courier services, telecommunication companies, information technology companies and data centres;

(c) our professional advisors such as consultants, auditors and lawyers;

(d) in the event of default or disputes, any debt collection agencies or dispute resolution centres (whether in Singapore or otherwise);

(e) any judicial, administrative or regulatory body, any government or public agency, statutory boards or authorities or law enforcement bodies or any agents thereof, having jurisdiction over Swiftly; and/or

(f) any other person in connection with the purposes set forth above.

(g) our proprietary system may update newly received data collected from government agencies within your account/profile automatically with or without your consent.

The purposes listed in the above clauses may continue to apply even in situations where your relationship with us has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under a contract with you).

Withdrawing Your Consent

The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop collecting, using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.

Upon receipt of your written request to withdraw your consent, we may require reasonable time for your request to be processed. In general, we shall seek to process your request within thirty (30) days of receiving it.

Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described above.

Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.

Access to and Correction of Personal Data

If you wish to make

(a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or

(b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.

We will need enough information from you in order to ascertain your identity as well as the nature of your request, so as to be able to deal with your request. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.

We will respond to your request as soon as reasonably possible. In general, our response will be within thirty (30) days. Should we not be able to respond to your request within the above time frame, we will inform you of the reasonably soonest time in which we will respond. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).

Protection of Personal Data

To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, and disclosing personal data both internally and to our authorised third-party service providers and agents only on a need-to-know basis.

You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.

Accuracy of Personal Data

Information voluntarily provided by you shall be deemed complete and accurate. We will take reasonable steps to verify the accuracy of Personal Data received at the point of collection, but you will remain primarily responsible and liable to ensure that all Personal Data submitted by you to us is complete and accurate.

In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.

Swiftly shall not be held liable for any inability on its part to provide services to you if you fail to ensure that your Personal Data submitted to us is complete and accurate.

Retention of Personal Data

We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.

We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.

Transfers of Personal Data Outside of Singapore

We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.

Links to Other Sites

Our website may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's website. It is important that you review the Privacy Policy of every site you visit. We have no control over, and are unable to assume any responsibility for, the content, privacy policies or practices of any third-party sites or services.

Data Protection Officer

You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:

Email address: [email protected]

Effect of Policy and Changes to Policy

This Policy applies in conjunction with any other Policy’s, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.

We may revise this Policy from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Policy was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.

By using our website, you confirm that you accept these terms of use and that you agree to comply with them.

The term Swiftly Pte. Ltd. or ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2 Venture Dr #19-21 Vision Exchange, Singapore 608526. The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The information provided by Swiftly Pte. Ltd. via swiftly.sg is governed by the Terms of Use. To the fullest extent permitted by law, Swiftly Pte. Ltd. is not liable for any damage or loss of any kind caused directly or indirectly by the use of its information or any derived analyses or applications.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the editorials, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator is acknowledged on the website.
  • Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without Swiftly Pte. Ltd.’s prior written consent.
  • Our automated systems analyse your content (including emails) to provide you notification under our mailing mailed-by [email protected]
  • You agree to let us send personal one-to-one communications to you. Examples of this may include sending you mail address verification messages, and replying to queries sent from your mail address.
  • We may need to change these terms to reflect the changes in law, changes in best practices, or to deal with additional features which we may introduce from time to time, or any other reason whatsoever. You agree that we do not need to obtain your consent in making these changes. However, we will notify you of these changes as and when these changes are implemented.

Email Disclaimer

The document or email that you received is confidential and intended solely for the use of the individual to whom it is addressed. Any views or opinions presented are solely those of the author and do not necessarily represent those of Swiftly Pte. Ltd. If you are not the intended recipient, the document or email has been sent to you in error, please destroy this document or email.

Governing Law

This website and its contents are subject to the laws of Republic of Singapore and by using this website you submit to the jurisdiction of the courts of Singapore in respect of any legal action and proceedings arising in relation to this website and its contents between you and Swiftly Pte. Ltd.

Registered Address Service Clause:

By opting for Swiftly.sg's Registered Address Service, the client expressly agrees to the following terms:

1. Document Upload and Accessibility:

The client acknowledges and agrees that all physical mail and letters received at Swiftly.sg's registered address, including those containing sensitive information such as bank details or PIN, will be uploaded onto Swiftly.sg's online platform.

2. Access Authorization:

The client understands that the uploaded documents will be accessible to the individual or entity that has control of the Swiftly.sg online account associated with the Registered Address Service.

3. Confidentiality and Security:

Swiftly.sg is committed to maintaining the confidentiality and security of uploaded documents. However, the client acknowledges that online platforms inherently carry certain risks, and Swiftly.sg shall not be held liable for any unauthorized access resulting from factors beyond its reasonable control.

4. Client Responsibility:

The client bears the responsibility of safeguarding access credentials to their Swiftly.sg online account. Any unauthorized access arising from the client's failure to maintain the confidentiality of their account details shall be the sole responsibility of the client. Clients are also responsible for properly utilizing the technology provided by Swiftly to produce legal documents, including but not limited to, Director's resolutions, ensuring accuracy and appropriate use. In instances where a client incorrectly drafts a resolution and seeks Swiftly's assistance to undo the action, a reversal fee of $200 will be applied for each incorrect action.

5. Usage Consent:

By utilizing Swiftly.sg's Registered Address Service, the client grants consent for the upload, storage, and accessibility of their documents on the Swiftly.sg platform.

6. Termination of Service:

In the event of termination or cessation of the Registered Address Service, Swiftly.sg shall retain the right to maintain records of previously uploaded documents for a reasonable duration as required by applicable laws and regulations.

Note: This clause is an integral part of the overall Terms and Conditions governing the use of Swiftly.sg's services. By proceeding with the Registered Address Service, the client affirms their understanding and acceptance of these terms.

Introduction

This E-SIGN Consent Agreement (“Agreement”) allows us to provide you with electronic versions of important notices and documents associated with any application with Swiftly.

Definitions

The words “we,” “our,” and “us” mean Swiftly, affiliates, successors, and assigns.

The words “you” and “your” mean each applicant, director, shareholder and anyone else with access to the account.

“Access Device” means any electronic device you use to access your account and view electronic documents. This includes, but is not limited to: a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or a smartphone.

Electronic Delivery of Documents

Electronic documents will be delivered to you via email. You must download and open the electronic documents to proceed with your application and you are strongly encouraged to save or print the documentation for future reference.

System Requirements

By consenting to this agreement, you confirm that your Access Device meets the minimum specifications and requirements necessary to view and retain your electronic documents.

To access your electronic documents on a mobile device, you will need:

  • A mobile device with any of the following operating systems: Android or iOS (iPhone).
  • A data plan provided by your wireless carrier and an up-to-date mobile internet browser that is compatible with, and supported by, your operating system (e.g., Chrome or Safari).
  • If you wish to view pdf files on your mobile device, you will need software that accurately reads and displays pdf files (such as the mobile version of Adobe Reader).
  • A printer and/or storage device if you wish to print or retain any electronic documents.

To access your electronic documents on a traditional computer, you will need:

  • A computer with any of the following operating systems: Windows XP or higher, OS X (Apple Macintosh) or higher.
  • An internet connection and an up-to-date internet browser that is compatible with, and supported by, your operating system (e.g., Internet Explorer, Firefox, Google Chrome, or Safari).
  • An internet connection and an up-to-date internet browser that is compatible with, and supported by, your operating system (e.g., Internet Explorer, Firefox, Google Chrome, or Safari).
  • A printer and/or storage device if you wish to print or retain any electronic documents.

Changes to System Requirements

We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic documents. Continuing the application process after receiving notice of the change is the reaffirmation of your consent to this Agreement.

Maintaining a Valid Email Address

It is important that you maintain a valid email address so that we may contact you regarding your account. You agree to maintain a valid email address and promptly notify us of any changes to your email address. You may update your email address on Swiftly’s website.

Multiple Access Devices

Your acceptance of this agreement on one Access Device constitutes your acceptance on all Access Devices you use. For example, if you view and accept this agreement on a mobile device, the terms of this Agreement will apply to electronic documents accessed on a traditional computer (or vice versa).

Additionally, by viewing and accepting this agreement on any Access Device, you are reasonably demonstrating your ability to access and view electronic documents in the format that the services are provided on that Access Device and all subsequent Access Devices. If you change Access Devices (or use multiple Access Devices), it is your responsibility to ensure that the new Access Device meets the applicable system requirements and that you are still able to access and view electronic documents on the subsequent Access Device. Continuing your application on other Access Devices is your reaffirmation of this Agreement

Acceptance

You will be asked to acknowledge your acceptance of these terms by checking the box before you are able to continue with your application. In doing so, you are confirming that you meet the system requirements described above, that you have demonstrated your ability to receive, retain, and view electronic documents on your Access Device, and that you have an active and valid email address.

Terms of Business

By clicking Pay/Confirm, You unconditionally acknowledge and agree that these TOB shall exclusively govern Our performance of services.

In the event that You refuse to accept the TOB, You acknowledge and agree that You will not be able to submit any Order Requests and We shall not be placed under any obligation to perform any services for You.

Parties

Swiftly Pte. Ltd. or ‘Swiftly’, ‘our’, ‘us’ or ‘we’ refers to the owner of the website whose registered office is 2 Venture Dr #19-21 VISION EXCHANGE, Singapore 608526.

You and/or the company on behalf of which You are authorized to act is/are the party(ies) to whom We shall be performing the Services. (“You”, “Your”, “Yours”).

Services

Swiftly offers access to business administration support services via our Website.

Swiftly offers a representative to act as the company secretary (“Company Secretary”) for Your company(ies) and be registered as secretary on ACRA to satisfy Your company(ies) requirement under Section 171 of the Companies Act. The Company Secretary will not be involved in the management or operation matters of the Your company(ies).

You are registered as a user of the Website, the terms of use of which are governed by the Swiftly Terms & Conditions and as such may submit Order Requests for Our Services from time to time via the Website.

Request Orders and Service Contracts

Where You place an Order Request via the Website, You will receive an email from Us acknowledging that We have received and are reviewing Your Order Request.

Your Order Request constitutes an offer to Us to buy Our Services and are subject to acceptance by Us, in our sole and absolute discretion, and We will confirm such acceptance to You by sending You an email confirming Our acceptance.

Each Order Request, once accepted by Us, becomes a Service Contract and shall immediately constitute a separate and independent binding contract between You and Us incorporating these TOB.

By submitting an Order Request to Us through the Website, You warrant and represent to Us that You are at least 18 years of age; have read, understood and accepted these TOB; are duly authorised to submit the Order Request; intend to enter into a legally binding contract with Us if we accept your Order Request; and are legally capable of entering into binding contracts.

Subject to Your fulfilment of payment, We shall use reasonable efforts to perform the Services set out digitally and/or physically in each Service Contract as soon as reasonably possible and in accordance with the TOB.

You acknowledge and agree that Your ability to access the secretarial template documentation via the Services does not establish Us as a provider of secretarial services.

Premium Package offers unlimited drafting of director’s resolutions with no additional fees. 

The director's resolutions are limited to the list below:

  • Appointment of Directors
  • Appointment of Auditors
  • Resignation of Directors
  • Resignation of Auditors
  • Change of Company Name
  • Change of Business Activity
  • Change of Registered Office Address
  • Change in Officer / Shareholder Particulars
  • Increase of Share Capital

We reserve the right to modify the types of director’s resolution made available from time to time, without prior notice, and in our sole discretion. 

Your Obligations

To enable Swiftly to perform the Services, You shall promptly provide Us with all relevant information which may have any bearing on the Services being procured.

In particular, You undertake to provide all instructions, information and documents required for Swiftly to perform and/or procure the performance of the Services in a pro-active, responsive and/or timely manner.

You also undertake that all information which You provide is accurate, complete and shall not be misleading.

Swiftly shall be notified immediately where there are any changes to the information provided.

You acknowledge and agree that Swiftly does not have obligations to verify the identity, authenticity or authority of any signatory on behalf of the Company. The responsibility to verify the authenticity and validity of any signature on any document or agreement shall be at the sole discretion and responsibility of Your Company. Swiftly shall not be held liable for any loss or damage arising from the failure to verify the signatures. You further agree to indemnify and hold Swiftly harmless from any claims, damages, or liabilities arising from any dispute regarding the authenticity or validity of any signature on any document or agreement.

Warranties

You warrant and represent to Us that where You are procuring Services on behalf of a company or other recognised form of legal entity, You have the requisite legal authority to do so, all information supplied is true and accurate and We may rely on the same without the need for further verification.

You acknowledge and agree that the Services are provided on an ‘as is’ basis and We do not warrant or represent that they are accurate, complete /up-to-date, will always be available via the Website; or will meet Your expectation.

You shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or use Our IP.

All conditions, warranties, representations or other terms (express, implied or otherwise) which may be applicable to the performance of the Services are excluded to the maximum extent permitted by law.

Our Prices / Payment / Refund

You hereby authorise Us to make a debit on the debit or credit card associated with Your User Account or provided to Us when You subscribe to our Service (including renewal for the subscription) or when You submit Your Order.

The Service can be terminated with immediate notice through the website subject to the terms herein. Should the Service be terminated by You before the end of the subscription period, there will be no pro-rationing of the Service fee as a form of refund. To add that there will be a restriction on certain/all functions within our system for the services you have signed up which was previously provided.

You acknowledge and agree that where, for whatever reason, Your payment is reversed or declined, where recurring payments are required, then this liability will be deemed a debt immediately due and payable to Us.

Should You be aware of payments that may become outstanding, You shall inform Swiftly at the earliest. Whether any extension of payment is granted shall be left entirely to the purview of Swiftly. Otherwise, any outstanding payments owed shall be subject to a late payment interest of 2% per month, based on simple interest, until full payment is received.

If We are unable to fulfill a Service Contract resulting from events, circumstances or causes beyond the parties’ reasonable control, the Service Contract may be cancelled with notice to you before/during/after fulfilling, at Our sole discretion, and You will be issued a credit note and/or refunded. If, however, We are unable to fulfill a Service Contract due to a breach of your obligations, we will cancel the Service Contract without any refunds

Liability

These TOB set out the full extent of Our obligations and liabilities to You in respect of the Services.

You acknowledge and agree that Swiftly (together with its officers, directors, employees, representatives, affiliates, providers and third parties) shall not be liable to You for any losses and/or liabilities whatsoever arising out of or in connection with:

  • Your Use of or reliance on the Services made available via the Website or Your inability to use the Website and/or the Services (as the case may be);
  • any failure to perform the Services, in part or in full, due to abnormal and unforeseen circumstances beyond Our control, including phone network failures or You being out of mobile coverage; or
  • any inaccuracy or other defect in any document or information You supply,

Nothing in these TOB shall limit or exclude:

  • Ya party’s liability in respect of death or personal injury caused by negligence or for fraud or fraudulent misrepresentation;
  • any other liability that cannot be excluded by law; or
  • Your statutory rights.

If We are ever found to be liable to You under these TOB, Our liability will be to You only and not Your subsidiaries, affiliates or any third parties You deal with.

Indemnity

You acknowledge and agree that You shall fully indemnify Swiftly (including Our affiliates, employees, agents, directors, shareholders and officers) from and against any and all claims, losses and/or liabilities of whatever nature suffered, sustained or incurred, arising out of or in connection with Your use of the Services.

Termination

The Service can be terminated with immediate notice through the website subject to the terms herein.

In the event that payments for the services are not made within 10 business days upon demand, Swiftly shall have the right to unilaterally terminate the engagement and shall not be liable to You for any liabilities that You may suffer as a result.

Swiftly may immediately terminate any Service Contract with You under these TOB at any time by giving reasonable notice to You and/or by cancelling Your access to Your User Account and shall not be liable for any liabilities incurred as a result of the immediate termination.

Swiftly reserved the right to remove Our representative as Your company secretary on ACRA with immediate notice in the event that Your company fails to comply with the requirements set out by ACRA and IRAS. This will however, will not result the termination of the Service Contract.

Corporate Secretarial Related Matters

You agree that Your company(ies) will subscribe to the constitution provided by Swiftly. A copy of the sample constitution can be downloaded here.

You agree that all secretarial records (e.g., Financial Statements, Minutes, Register books, etc.) of the company will be maintained in softcopy and physical records (if any) will be discarded except for original share certificates, deeds, etc that already have common seal embossed on them.

Definitions

“ACRA” means Accounting and Corporate Regulatory Authority.

“Service Contract” means any Order Request that We have accepted from You.

"IP” means patents, inventions (whether patentable or not), copyrights, moral rights, design rights, trade-marks, trade names, business names, service marks, brands, logos, service names, trade secrets, know-how, domain names, database rights and any other intellectual property or proprietary rights (whether registered or unregistered, and whether in electronic form or otherwise) including all templates provided on our Website, rights in computer software, and all applications to register any of the aforesaid items, rights in the nature of the aforesaid items in any country or jurisdiction, any rights in the nature of unfair competition rights, and rights to sue for passing off.

“IRAS” means Inland Revenue Authority of Singapore.

“Order Request” means any Service You request Us to perform via the Website.

“Website” means the website at swiftly.sg

“User Account” means the personal user account that You register with Us via the Website to gain access to the services We offer.

In this Terms of Business, “We”, “Swiftly”, “Our” or “Us” shall also, where applicable, include and refer to Swiftly Pte. Ltd.’s subsidiaries and affiliates who from time to time carry out the performance of the said services.