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Go to the shopWelcome to SwigLab.
These Seller Terms ("Terms") govern your access to and use of the SwigLab marketplace (https://www.swiglab.com/) as a Seller.
SwigLab is an online marketplace that connects Buyers with Vendors offering a curated selection of wine, spirits, and beverages. As a Vendor, you are responsible for listing, fulfilling, and shipping orders in compliance with all applicable laws and regulations. These Terms outline your rights and obligations as a Vendor, including requirements related to order fulfillment, compliance, and interactions with Buyers.
OUR PLATFORM IS OWNED AND OPERATED BY:
Company Name: MP Labs LLC
Entity Type: Limited Liability Company
Registered Office: Los Altos, CA 94024
Contact Details: mpunjabi@gmail.com
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS AGREEMENT INCLUDES IMPORTANT PROVISIONS THAT MAY AFFECT YOUR RIGHTS, INCLUDING DISCLAIMER IN SECTION 15, LIMITATIONS OF LIABILITY IN SECTION 16, INDEMNIFICATION OBLIGATIONS IN SECTION 17, AND A DISPUTE RESOLUTION CLAUSE IN SECTION 19 THAT REQUIRES YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, WITH WAIVERS OF CLASS ACTIONS AND JURY TRIALS. BY USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND TO THE MANDATORY ARBITRATION REQUIREMENTS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OUR PLATFORM.
Please read these Seller Terms carefully. If you have any questions or need further clarification, you can contact us at mpunjabi@gmail.com.
As used herein the following terms have the following meanings, unless the context otherwise requires:
a) Account: Refers to the registered profile created by a Seller on the SwigLab platform to list products, manage orders, and track sales performance.
b) Agreement: Refers to these Vendor Terms, including all policies, guidelines, and updates that govern the Seller’s use of the SwigLab platform.
c) Buyers: Refers to individuals or entities that purchase products listed on the SwigLab platform for personal use in accordance with applicable laws.
d) Company: Refers to MP Labs LLC, the owner and operator of the SwigLab platform, located in Los Altos, CA.
e) Compliance Requirements: Refers to all applicable local, state, and federal laws, including but not limited to licensing, tax, and age verification regulations that Sellers must adhere to when listing and selling products.
f) Dispute: Refers to any disagreement or claim arising between the Seller and Buyers or between the Seller and SwigLab related to the sale of products, fulfillment obligations, or compliance with these Terms.
g) Fulfillment: Refers to the Seller's responsibility to process, package, and ship orders to Buyers in compliance with applicable legal requirements.
h) Orders: Refers to purchase requests made by Buyers for products listed by Sellers on the SwigLab platform.
i) Platform: Refers to the SwigLab website, accessible at swiglab.com, where Sellers can list products and manage their sales.
j) Privacy Policy: Refers to the document that outlines how the Company collects, uses, and protects personal data provided by Sellers and Buyers.
k) Products: Refers to wine, spirits, and other beverages listed for sale on the SwigLab platform by Sellers, subject to compliance with applicable laws and regulations.
l) Prohibited Products: Refers to any products that are not permitted to be sold on the SwigLab platform, including but not limited to items restricted by law or by SwigLab policies.
m) Seller: Refers to an independent business or individual who lists and sells products on the SwigLab platform, responsible for fulfillment and compliance with all applicable laws.
n) SwigLab: Refers to the online marketplace owned and operated by MP Labs LLC, providing a platform for Sellers to offer products to Buyers.
o) Taxes: Refers to all applicable sales tax, excise duties, and other regulatory fees imposed on the sale of alcoholic beverages, which the Seller is responsible for collecting and remitting as required by law.
p) Terms: Refers to these Vendor Terms that govern the Seller's use of the SwigLab platform.
q) Third-Party Services: Refers to external service providers, including payment processors and shipping carriers, that support SwigLab’s operations.
r) Website: Refers to https://www.swiglab.com/, where Sellers can access their accounts and manage product listings.
a) Legal Compliance: Sellers must be legally authorized to sell alcoholic beverages and comply with all applicable federal, state, and local laws, including licensing, tax, and regulatory requirements. By registering on SwigLab, you confirm that you hold all necessary permits and licenses required to list, sell, and distribute alcoholic beverages within the jurisdictions you operate.
b) Business Status: Sellers must be an established and legally recognized business entity, such as a corporation, limited liability company (LLC), partnership, or sole proprietorship. Individual Sellers without a registered business are not eligible to list products on the platform.
c) Operational Capabilities: Sellers must have the capacity to process and fulfill orders efficiently and consistently, including maintaining sufficient inventory, managing logistics, and ensuring timely deliveries. Sellers are also responsible for handling returns and exchanges in accordance with SwigLab’s policies specified in Terms of Service.
d) Geographical Restrictions: Sellers may only list and sell products for delivery to states where they are legally permitted to distribute alcoholic beverages. It is the Seller’s responsibility to verify and comply with state-specific shipping regulations.
e) Compliance with Platform Policies: Sellers must adhere to all SwigLab policies, including those related to product listings, fulfillment, returns, customer service, and ethical business practices. Failure to comply may result in suspension or termination of the Seller’s account.
f) Accurate Information: Sellers must provide and maintain accurate, complete, and up-to-date business and product information, including contact details, licenses, and tax identification numbers. Failure to provide accurate information may result in the removal of product listings or termination of the Seller's account.
g) Non-Eligibility for Previously Terminated Accounts: Sellers whose accounts were previously terminated by SwigLab due to policy violations, fraudulent activity, or non-compliance with legal requirements are not eligible to reapply or create a new account without prior written approval from SwigLab.
By registering and using SwigLab as a Seller, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
a) You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at our website (https://www.swiglab.com/).
b) You meet all of the eligibility conditions specified in Section 2 above.
c) We must not have previously disabled your account for violation of law or any of our policies.
d) You have read, understood, and consented to our Privacy Policy statement.
e) You agree that you are responsible for ensuring compliance with these Terms and for all actions taken by your employees or agents who use the SwigLab platform on your behalf.
a) Registration Process: To become a Seller on SwigLab, you must complete the registration process by providing accurate and complete information about your business, including your legal business name, registered address, tax identification number, applicable licenses and permits, and a valid contact email. You may also be required to submit additional documents for verification purposes. By submitting your registration, you represent and warrant that all information provided is truthful, accurate, and up-to-date. SwigLab reserves the right to approve or deny any registration request at its sole discretion.
b) Account Approval and Verification: Upon submitting your registration, SwigLab may conduct verification checks to ensure compliance with applicable laws and platform requirements. Verification may include validating business licenses, tax compliance, and fulfillment capabilities. Approval of your Seller account is contingent on successful completion of these checks, and SwigLab reserves the right to request additional documentation at any time. If your application is denied, you may reapply after addressing any issues identified by SwigLab.
c) Account Security: Sellers are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. You must take all necessary precautions to prevent unauthorized access to your account. If you suspect any unauthorized activity, you must notify SwigLab immediately at mpunjabi@gmail.com. SwigLab is not responsible for any loss or damage resulting from unauthorized access due to Seller negligence. Sellers must ensure that their employees or agents accessing the platform are authorized to do so and comply with all platform policies.
d) Account Updates: Sellers are required to keep their account information accurate and up to date at all times. This includes changes to business addresses, licensing information, banking details, and product availability. Failure to update account details promptly may result in order processing delays, suspension, or termination of the Seller's account.
e) Multiple Accounts: Sellers are not permitted to create multiple accounts without prior written approval from SwigLab. Any attempt to operate multiple accounts to bypass platform policies, manipulate sales, or circumvent penalties may result in immediate suspension or permanent termination of all related accounts.
f) Suspension or Termination of Account: SwigLab reserves the right to suspend or terminate a Seller's account if any violation of these Terms, misrepresentation of information, fraudulent activity, or failure to comply with applicable laws is detected. Sellers whose accounts are suspended will be notified and may have an opportunity to appeal the decision by providing relevant documentation or corrective actions.
g) Transfer or Assignment of Account: Seller accounts are non-transferable and may not be assigned, sold, or transferred to any third party without SwigLab’s prior written consent. Any unauthorized transfer will result in account termination. If a Seller undergoes a business ownership change, the new owner must reapply for a new account and undergo the necessary verification process.
a) Listing Requirements: Sellers must provide accurate and complete information for each product listed on the SwigLab platform, including product name, description, brand, alcohol content, pricing, available quantity, and any legally required details such as age restrictions or warnings. Product images must be clear, high-quality, and accurately represent the item being sold. Sellers are responsible for ensuring that all product information complies with applicable laws and regulations, including but not limited to labelling and advertising requirements.
b) Compliance with Laws: All products listed on the SwigLab platform must comply with federal, state, and local laws governing the sale and distribution of alcoholic beverages. This includes obtaining the necessary licenses, permits, and approvals required to sell in the applicable jurisdictions. Sellers are solely responsible for ensuring compliance with shipping restrictions and regulatory requirements for each product they offer. Any non-compliant listings may be removed from the platform without prior notice, and repeated violations may result in account suspension or termination.
c) Prohibited Products: Sellers are strictly prohibited from listing any products that fall outside the permitted categories defined by SwigLab. Prohibited items include but are not limited to unlicensed alcoholic beverages, counterfeit products, promotional samples, and any products that violate intellectual property rights or health and safety regulations. Sellers must ensure they only list products that have been approved for sale on the platform, and any attempt to list restricted or unauthorized products may result in penalties, including legal action.
d) Pricing and Accuracy: Sellers must set their product prices in accordance with SwigLab’s pricing guidelines and applicable tax laws. Prices must be transparent and inclusive of all applicable fees, duties, and charges. Misleading or deceptive pricing practices are strictly prohibited. Sellers are responsible for maintaining accurate stock levels and must update their listings promptly if a product is out of stock or discontinued. Failure to provide accurate pricing or stock information may result in order cancellations, negative buyer feedback, or penalties imposed by SwigLab.
e) Product Categorization: Sellers must categorize their products accurately to ensure that Buyers can easily find them within the SwigLab platform. Misclassified or misleading product listings may be removed or corrected by SwigLab, and repeated violations may result in listing restrictions. Proper categorization includes selecting the appropriate product type, alcohol category, and any applicable attributes.
f) Content Guidelines: Sellers must ensure that all content, including product descriptions, images, and promotional materials, adhere to SwigLab’s content standards. Content must not include misleading claims, offensive language, or any material that infringes on the rights of third parties. SwigLab reserves the right to remove or modify content that does not meet its quality standards or violates any applicable policies.
g) Listing Updates and Maintenance: Sellers are responsible for regularly reviewing and updating their product listings to ensure that all information remains current and accurate. This includes updating pricing, stock availability, and product details as necessary. Failure to maintain up-to-date listings may result in order cancellations and potential penalties.
h) Search Optimization: Sellers are encouraged to provide detailed and relevant product descriptions to enhance visibility and searchability on the platform. Product listings with accurate keywords, complete descriptions, and high-quality images are more likely to attract Buyers and result in successful sales.
i) Product Removal: SwigLab reserves the right to remove any product listings that do not comply with these Terms or any applicable laws and regulations. Sellers may also remove their own listings at any time; however, they must ensure that pending orders are fulfilled before discontinuing a product.
a) Fulfillment Responsibility: Sellers are solely responsible for fulfilling all orders placed through the SwigLab platform in a timely, accurate, and compliant manner. This includes processing orders, packaging products securely, and ensuring that shipments comply with all applicable federal, state, and local laws governing the sale and delivery of alcoholic beverages. Sellers must maintain sufficient inventory levels to fulfill orders without undue delays and must update product availability promptly to avoid cancellations.
b) Processing Time: Sellers must process and dispatch orders within the timeframe specified on the product listing or as agreed with SwigLab. Any anticipated delays must be communicated to SwigLab and the Buyer as soon as possible. Sellers are responsible for ensuring that all orders are shipped in accordance with the stated processing time to maintain customer satisfaction and avoid negative feedback.
c) Shipping Compliance: Sellers must comply with all applicable shipping laws and regulations, including but not limited to ensuring that alcoholic beverages are shipped only to legally permitted destinations, verifying the age of recipients, and adhering to packaging and labelling requirements. Each shipment must include appropriate documentation such as invoices, age verification requirements, and any other legally required information. Failure to comply with shipping laws may result in penalties, order cancellations, or suspension of the Seller’s account.
d) Carrier Selection: Sellers are responsible for selecting reputable carriers authorized to transport alcoholic beverages in compliance with applicable laws. Sellers must ensure that carriers used have the necessary licenses and processes in place for verifying age upon delivery. Sellers are responsible for all shipping costs, including any additional charges due to failed delivery attempts or returns due to non-compliance with age verification laws.
e) Age Verification: Sellers must ensure that age verification measures are implemented at the time of delivery in compliance with applicable laws. Buyers or their authorized representatives must present a valid government-issued ID upon delivery to confirm they are at least 21 years of age. Sellers must instruct carriers to refuse delivery if proper identification is not provided. Any failure to comply with age verification requirements will be considered a serious breach of these Terms.
f) Shipping Costs and Fees: Sellers must clearly disclose shipping costs to Buyers at the time of purchase. Any additional handling fees or surcharges must be included in the product listing and checkout process to avoid unexpected charges to Buyers. Sellers are responsible for all return shipping costs in cases where products are returned due to Seller errors, such as incorrect items shipped or damaged products.
g) Packaging Standards: Sellers must use appropriate packaging materials to prevent damage during transit and comply with applicable safety and regulatory packaging guidelines. Packaging must include necessary warnings, such as "Alcohol – Signature Required", and other legally required notices. Sellers are responsible for any damages caused due to inadequate packaging.
h) Tracking and Notifications: Sellers must provide valid tracking information to SwigLab and Buyers for all shipped orders. Tracking details must be updated promptly to allow Buyers to monitor the status of their shipments. Sellers are required to respond to any Buyer inquiries related to shipment status and estimated delivery times.
i) Delivery Failures: If an order cannot be delivered due to incorrect address details provided by the Buyer, Sellers must make reasonable efforts to contact the Buyer and arrange for redelivery. In cases where redelivery is not possible, the order may be cancelled, and any applicable refund policies will apply. If delivery fails due to Seller error, the Seller will bear the associated costs.
j) Lost or Damaged Shipments: In the event of a lost or damaged shipment, Sellers are responsible for investigating the issue and providing a resolution to the Buyer, including replacement of the product or issuing a refund. Sellers must work with their chosen carrier to file claims for lost or damaged shipments and must inform SwigLab of the resolution status.
k) Returns and Replacements: Sellers must handle returns and replacements in accordance with SwigLab's Return and Refund Policy specified in Terms of Service. Any returns due to product defects, spoilage, or shipment errors must be addressed promptly, and replacement shipments must be dispatched within a reasonable timeframe.
l) Non-Compliance Consequences: Failure to fulfill orders in accordance with these Terms may result in penalties, order cancellations, withholding of payments, or suspension of the Seller's account. SwigLab reserves the right to take appropriate actions to ensure a consistent and reliable experience for Buyers.
a) Pricing Responsibility: Sellers are responsible for setting the prices of their products listed on the SwigLab platform. Prices must comply with all applicable laws and regulations, including pricing transparency and tax compliance requirements. Sellers must ensure that the prices displayed on the platform are accurate, inclusive of any applicable fees, and reflect the true cost of the product. SwigLab reserves the right to monitor and review pricing to ensure compliance with its policies and legal obligations.
b) Platform Fees: SwigLab charges Sellers a commission fee of [X%] on each completed sale, which is deducted from the total order amount before payment is released to the Seller. We reserve the right to revise the platform fees with a 30-day prior notice, which will be communicated to Sellers through their registered email addresses and/or by updating these Terms on our website. Continued use of the platform after the notice period will constitute acceptance of the revised fees.
c) Payment Terms: Payments to Sellers will be processed on a [weekly/bi-weekly/monthly] basis, based on the total net sales amount after deducting applicable commissions, fees, refunds, and chargebacks. Payments will be made to the Seller's designated bank account or payment method provided during registration. SwigLab will not be responsible for delays caused by incorrect bank details provided by the Seller.
d) Refunds and Chargebacks: In the event of order cancellations, refunds, or chargebacks initiated by Buyers, the refunded amount will be deducted from the Seller's pending payouts. If the Seller’s account does not have sufficient funds to cover the refund, the Seller will be required to reimburse SwigLab within [X] days of notification. Failure to settle outstanding amounts may result in suspension of the Seller’s account and legal action.
e) Tax Obligations: Sellers are solely responsible for collecting, reporting, and remitting any applicable taxes, duties, and regulatory fees associated with their sales. This includes sales tax, excise duties, and any other applicable taxes based on the Buyer’s location.
f) Payment Deductions: SwigLab reserves the right to deduct any outstanding fees, penalties, or amounts owed to SwigLab from the Seller's future payouts.
g) Pricing Accuracy and Changes: Sellers are required to maintain accurate and competitive pricing for their products. Any price changes must be updated on the platform immediately to avoid discrepancies with Buyer expectations.
h) Transaction Processing: Sellers are prohibited from conducting transactions outside the platform or redirecting Buyers to other payment methods. Any attempt to circumvent SwigLab's payment processing may result in immediate suspension or termination of the Seller’s account.
a) Legal Compliance: Sellers must comply with all applicable federal, state, and local laws, including but not limited to those related to the sale, distribution, and shipment of alcoholic beverages. Sellers are responsible for obtaining and maintaining all necessary permits and licenses required to list, sell, and deliver products through the SwigLab platform.
b) Accurate Product Listings: Sellers must ensure that all product listings are accurate, complete, and comply with SwigLab’s guidelines. This includes providing clear and truthful descriptions, pricing, images, and legal disclosures such as alcohol content, ingredients, and health warnings. Misleading or false product information is strictly prohibited.
c) Timely Order Fulfillment: Sellers must fulfill all orders promptly within the specified processing time and ensure that Buyers receive their products in a timely manner. Delays must be communicated to Buyers and SwigLab as soon as they are identified.
d) Quality Assurance: Sellers are responsible for ensuring that all products meet high-quality standards, are fit for consumption, and comply with regulatory requirements. Expired, damaged, counterfeit, or substandard products must not be listed or sold.
e) Age Verification Compliance: Sellers must take all necessary measures to ensure that alcoholic beverages are sold only to individuals of legal drinking age. This includes verifying the Buyer’s age at the time of purchase and instructing delivery carriers to check government-issued identification upon delivery.
f) Packaging and Labelling: Sellers must ensure that all products are packaged securely to prevent damage during transit and comply with legal labelling requirements. Packages must include all required notices, such as “Alcohol – Adult Signature Required”, and must adhere to state-specific packaging regulations.
g) Customer Service and Communication: Sellers must provide professional and timely customer service by responding to Buyer inquiries, complaints, and order-related issues promptly. Sellers must maintain a courteous and professional tone when interacting with Buyers and SwigLab representatives.
h) Tax Compliance: Sellers are solely responsible for calculating, collecting, reporting, and remitting all applicable taxes related to their sales, including but not limited to sales tax, excise duties, and any other regulatory fees required by law. Sellers must ensure compliance with tax laws applicable in the jurisdictions they serve.
i) Intellectual Property Compliance: Sellers must ensure that their product listings do not infringe upon the intellectual property rights of any third parties, including trademarks, copyrights, or patents. Sellers must only use authorized images, descriptions, and branding for their products.
j) Prohibited Activities: Sellers must not engage in any activities that violate SwigLab’s policies, including but not limited to fraudulent transactions, misrepresentation of products, unauthorized discounting, or attempts to bypass the platform's payment system. Any such activities may result in immediate suspension or termination of the Seller’s account.
k) Inventory Management: Sellers must maintain accurate stock levels and update their product availability in real-time. Listings for out-of-stock items must be removed or marked as unavailable immediately to prevent order cancellations.
l) Confidentiality of Buyer Information: Sellers must handle all Buyer information with strict confidentiality and use it solely for order fulfillment purposes. Sharing, selling, or misusing Buyer data in any way is strictly prohibited and may result in legal action.
a) Legal Authority: Sellers represent and warrant that they have the full legal right, authority, and capacity to enter into and comply with these Terms. Sellers confirm that they are duly organized, validly existing, and in good standing under the laws of the jurisdictions in which they operate.
b) Regulatory Compliance: Sellers represent and warrant that they hold all necessary licenses, permits, and authorizations required to legally sell and distribute alcoholic beverages in the applicable jurisdictions. Sellers agree to comply with all applicable federal, state, and local laws, including those related to alcohol sales, tax collection, consumer protection, and data privacy.
c) Accuracy of Information: Sellers represent and warrant that all information provided to SwigLab, including business details, product listings, and order-related data, is accurate, complete, and up-to-date. Sellers agree to promptly update any changes to their information and ensure the continued accuracy of product descriptions, pricing, and stock availability.
d) Quality of Products: Sellers represent and warrant that all products listed on the SwigLab platform are authentic, properly labeled, and meet all legal standards for quality and safety. Sellers confirm that no counterfeit, expired, defective, or prohibited products will be listed or sold through the platform.
e) Fulfillment Obligations: Sellers represent and warrant that they will fulfill all orders in a timely and professional manner, ensuring compliance with SwigLab's policies on packaging, shipping, and delivery timelines. Sellers guarantee that all shipments will comply with applicable laws, including age verification requirements and delivery restrictions.
f) Non-Infringement: Sellers represent and warrant that their product listings, images, descriptions, and other content do not infringe upon the intellectual property rights, trademarks, copyrights, or proprietary rights of any third party. Sellers acknowledge that any infringement claims brought against them will be their sole responsibility and agree to indemnify SwigLab against any related liabilities.
g) Financial Responsibility: Sellers represent and warrant that they are financially capable of fulfilling their obligations under these Seller Terms.
h) No Pending Litigation: Sellers represent and warrant that they are not currently subject to any pending legal actions, investigations, or regulatory proceedings that could affect their ability to comply with these Terms. Sellers agree to promptly notify SwigLab of any legal proceedings or regulatory actions initiated against them that may impact their operations on the platform.
a) Unauthorized Product Listings: Sellers are strictly prohibited from listing or selling any products that are not permitted by SwigLab’s policies or applicable laws. This includes, but is not limited to, unlicensed alcoholic beverages, counterfeit products, expired or spoiled items, promotional samples, and any products that do not meet legal safety and labeling standards.
b) False or Misleading Information: Sellers must not provide false, inaccurate, or misleading information in product listings, business details, or communications with Buyers or SwigLab. This includes exaggerating product features, falsifying compliance certifications, or misrepresenting inventory levels.
c) Bypassing the Platform: Sellers are prohibited from attempting to conduct sales transactions outside the SwigLab platform to avoid paying applicable fees or commissions. Any attempt to redirect Buyers to external platforms or offline transactions will result in account suspension or termination.
d) Violation of Intellectual Property Rights: Sellers must not list, sell, or promote products that infringe on any third-party intellectual property rights, including copyrights, trademarks, patents, or trade secrets. Unauthorized use of brand names, logos, images, or proprietary content is strictly prohibited.
e) Fraudulent Activities: Sellers must not engage in fraudulent or deceptive practices, including but not limited to inflating product prices, submitting fake orders, manipulating customer reviews, or attempting to exploit the SwigLab platform for unauthorized financial gain.
f) Failure to Fulfill Orders: Sellers must not accept orders they cannot fulfill or delay shipments without a valid reason. Repeated cancellations, failure to deliver on time, or poor service standards that affect Buyer satisfaction may result in penalties or account suspension.
g) Unethical Business Practices: Sellers must not engage in any activities that harm the reputation of SwigLab, including making false claims about competitors, engaging in price manipulation, or using unethical means to increase sales.
h) Manipulating Platform Features: Sellers must not attempt to manipulate SwigLab’s platform features, such as search algorithms, rankings, or promotions, through dishonest means like keyword stuffing, excessive self-promotion, or fake reviews.
i) Spamming and Unsolicited Communications: Sellers must not send unsolicited emails, messages, or promotional materials to Buyers who have not consented to receive such communications. Any form of spam or misuse of the platform’s communication tools is strictly prohibited.
j) Disrupting Platform Operations: Sellers must not introduce malware, viruses, or engage in any activity that could disrupt or compromise the security, performance, or integrity of the SwigLab platform.
a) Ownership of Content: Sellers acknowledge that all intellectual property rights related to the SwigLab platform, including but not limited to trademarks, logos, website design, software, and proprietary content, are the sole property of MP Labs LLC. Sellers are granted a limited, non-exclusive, revocable license to use the SwigLab platform solely for the purpose of listing and selling their products. Sellers must not use, copy, or modify SwigLab’s intellectual property without prior written consent.
b) Seller Content: Sellers retain ownership of any content they provide, including product descriptions, images, and branding materials. By listing products on SwigLab, Sellers grant SwigLab a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute Seller content for promotional purposes, website functionality, and platform improvements. Sellers represent and warrant that they have the right to use and share all content submitted to the platform and that such content does not infringe on the intellectual property rights of any third party.
c) Prohibited Content: Sellers must not upload or submit any content that violates intellectual property rights, including unauthorized use of third-party trademarks, copyrighted materials, or patented products. Any product listings found to contain infringing content will be removed, and the Seller’s account may be subject to suspension or termination. SwigLab reserves the right to remove any content that violates platform policies or applicable laws without prior notice.
d) Brand Representation: Sellers are responsible for ensuring that they have the legal right to use any brand names, logos, or marketing materials associated with their product listings. Misrepresentation of affiliation with a brand, manufacturer, or distributor is strictly prohibited and may result in legal action and removal from the platform.
e) Use of SwigLab Trademarks: Sellers may only use SwigLab’s trademarks, logos, or brand references with explicit written permission and solely for the purpose of promoting their products on the platform. Any unauthorized or misleading use of SwigLab’s trademarks is strictly prohibited and may result in legal action.
f) Protection of Intellectual Property: Sellers must take all reasonable steps to protect their intellectual property and report any suspected infringement of their rights on the SwigLab platform. SwigLab provides mechanisms for Sellers to report unauthorized use of their content and will investigate claims of infringement in accordance with platform policies and applicable laws.
g) Consequences of Violation: Any violation of SwigLab’s intellectual property policies may result in immediate removal of infringing content, suspension of the Seller’s account, and potential legal liability. SwigLab reserves the right to cooperate with intellectual property rights holders and enforcement authorities to address violations.
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website.
The SwigLab platform may contain links to third-party websites, services, or resources that are provided for your convenience and informational purposes only. SwigLab does not endorse, control, or assume any responsibility for the content, accuracy, privacy policies, or practices of such third-party sites. Sellers acknowledge that their access to and use of any third-party websites is at their own risk, and SwigLab shall not be liable for any loss or damage arising from dealings with third-party services. It is the Seller’s responsibility to review the terms and policies of any external websites they interact with through SwigLab.
a) Platform Use at Seller’s Own Risk: SwigLab provides an online marketplace platform that connects Sellers with Buyers for the sale and purchase of alcoholic beverages. While SwigLab strives to maintain the accuracy, reliability, and availability of the platform, Sellers acknowledge that their use of the platform is at their own risk. SwigLab makes no guarantees that the platform will be error-free, uninterrupted, or free of vulnerabilities that may affect Seller operations. Sellers are solely responsible for evaluating the suitability of the platform for their business needs.
b) No Guarantee of Sales or Performance: SwigLab does not guarantee any specific level of sales, exposure, or business performance for Sellers using the platform. The success of a Seller’s business depends on various factors, including product demand, pricing strategies, and marketing efforts, which are outside the control of SwigLab. SwigLab is not liable for any losses or damages resulting from a Seller’s failure to achieve their business objectives.
c) Compliance with Laws: SwigLab acts solely as a facilitator and does not assume responsibility for a Seller’s compliance with federal, state, or local laws and regulations governing the sale, distribution, and shipment of alcoholic beverages. Sellers are solely responsible for ensuring that they possess all necessary licenses and comply with applicable laws, including those related to tax obligations, shipping restrictions, and age verification requirements. SwigLab shall not be liable for any fines, penalties, or legal consequences arising from a Seller’s failure to comply with applicable laws.
d) No Warranty on Third-Party Services: SwigLab may offer integrations or recommendations for third-party service providers, such as payment processors, shipping carriers, and marketing tools. However, SwigLab does not endorse, guarantee, or take responsibility for the quality, reliability, or performance of any third-party services. Sellers acknowledge that their use of third-party services is at their discretion, and SwigLab disclaims any liability arising from their engagement with third parties.
e) Accuracy of Product Listings: SwigLab provides Sellers with the tools to list their products, but it does not independently verify the accuracy of product descriptions, pricing, or availability. Sellers are solely responsible for ensuring that their listings are accurate, complete, and compliant with applicable laws. SwigLab disclaims any liability for inaccuracies, misrepresentations, or outdated product information provided by Sellers.
f) No Liability for Buyer Conduct: SwigLab does not guarantee the behavior, payment reliability, or compliance of Buyers using the platform. Sellers acknowledge that they are engaging in transactions with Buyers at their own risk, and SwigLab disclaims any responsibility for disputes, fraudulent orders, or chargebacks initiated by Buyers. Sellers are responsible for taking necessary precautions to verify orders and mitigate risks associated with Buyer interactions.
g) Service Availability and Maintenance: SwigLab reserves the right to modify, suspend, or discontinue any aspect of the platform at any time without prior notice. Platform maintenance, upgrades, or unforeseen technical issues may result in temporary disruptions to Seller operations. SwigLab disclaims any liability for losses resulting from platform downtime, errors, or unavailability.
h) Changes to the Platform and Terms: SwigLab reserves the right to update or modify the platform, features, and these Terms at any time. Sellers acknowledge that continued use of the platform after any changes constitutes their acceptance of the revised Terms. SwigLab disclaims liability for any inconvenience or loss resulting from changes in the platform’s functionality or terms of service.
i) No Partnership or Agency Relationship: Nothing in these Terms shall be construed as creating a partnership, joint venture, or agency relationship between SwigLab and Sellers. Sellers operate as independent entities, and SwigLab disclaims any responsibility for their business decisions, actions, or liabilities.
j) Data Security and Privacy: While SwigLab implements reasonable security measures to protect Seller and Buyer data, it does not guarantee that the platform is completely secure from unauthorized access, cyberattacks, or data breaches. Sellers are responsible for implementing their own security measures and SwigLab disclaims any liability for unauthorized access to Seller accounts or data.
To the fullest extent permitted by applicable law, MP Labs LLC, its affiliates, owners, officers, employees, agents, service providers, and licensors shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or other intangible losses arising out of or in connection with the Seller’s use of, or inability to use, the SwigLab platform, regardless of whether such damages are based on contract, warranty, tort (including negligence), strict liability, or any other legal theory, even if SwigLab has been advised of the possibility of such damages. SwigLab shall not be liable for any loss or damage resulting from unauthorized access to or alteration of Seller transmissions, data breaches, delays in processing orders, service interruptions, technical failures, or any events beyond its reasonable control, including acts of God, natural disasters, cyberattacks, or government restrictions. Sellers acknowledge and agree that their exclusive remedy for any dissatisfaction with the platform is to discontinue use of the services. Notwithstanding the foregoing, nothing in this limitation of liability shall exclude or limit liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. If any portion of this limitation is found to be unenforceable, the remaining limitations shall continue to apply to the maximum extent permitted by law.
Sellers agree to indemnify, defend, and hold harmless MP Labs LLC, its affiliates, owners, officers, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, fines, and penalties (including reasonable attorneys’ fees and legal expenses) arising out of or related to (i) the Seller’s breach of these Terms, including any misrepresentation, inaccuracy, or non-compliance with applicable laws and regulations related to the sale, marketing, and distribution of alcoholic beverages; (ii) any actual or alleged infringement of intellectual property, trademark, copyright, or other proprietary rights in connection with the Seller’s product listings, content, or marketing materials; (iii) the Seller’s failure to obtain and maintain all necessary licenses, permits, and regulatory approvals required for selling alcoholic beverages; (iv) any third-party claims, including but not limited to Buyer disputes, arising from defective, expired, mislabeled, or improperly shipped products; (v) the Seller’s violation of data protection and privacy laws in connection with the handling of Buyer information; (vi) any negligence, willful misconduct, or fraudulent activity by the Seller or its employees, contractors, or agents; and (vii) any claims or liabilities arising from the Seller’s failure to fulfill orders in compliance with SwigLab’s policies, including age verification requirements and product shipment restrictions. SwigLab reserves the right to assume the exclusive defense and control of any matter subject to indemnification by the Seller, at the Seller’s expense, and the Seller agrees to cooperate fully with SwigLab in asserting available defenses and complying with any settlements or judgments. This indemnification obligation shall survive the termination of the Seller's account and their relationship with SwigLab.
a) Termination by SwigLab: SwigLab reserves the right to suspend or terminate a Seller’s account at any time, with or without notice, if the Seller is found to be in violation of these Terms, applicable laws, or platform policies. Grounds for termination include, but are not limited to, repeated non-compliance with legal requirements, failure to fulfill orders, providing false information, engaging in fraudulent activities, or harming SwigLab’s reputation.
b) Termination by Seller: Sellers may terminate their account at any time by providing written notice to SwigLab at mpunjabi@gmail.com. Sellers must ensure that all pending orders are fulfilled, and any outstanding fees or obligations are settled before account termination is finalized. SwigLab reserves the right to retain certain information in compliance with legal and regulatory requirements even after the Seller has terminated their account.
c) Effect of Termination: Upon termination, the Seller will lose access to their account, product listings, and any data associated with their SwigLab profile. Any outstanding payments owed to the Seller will be processed in accordance with the standard payout schedule, less any deductions for unresolved disputes, refunds, or outstanding fees. Sellers remain responsible for fulfilling any post-termination obligations, such as returns, refunds, or compliance with applicable laws.
d) Outstanding Obligations: Sellers must resolve any pending transactions, Buyer disputes, or regulatory issues before their termination request is processed. If any unresolved matters remain, SwigLab may withhold payments or take legal action to recover damages resulting from the Seller’s actions or non-compliance.
e) Survival of Certain Obligations: Termination of the Seller's account does not relieve them of their obligations regarding confidentiality, intellectual property, indemnification, and liability limitations, which shall survive the termination of their relationship with SwigLab.
f) Account Reinstatement: In cases where a Seller’s account is terminated due to policy violations, SwigLab may, at its sole discretion, allow the Seller to request reinstatement. Any request for reinstatement must include a corrective action plan to address previous violations, and approval is not guaranteed.
g) No Liability for Termination: SwigLab shall not be liable to the Seller or any third party for any compensation, reimbursement, or damages resulting from the termination of the Seller’s account, including loss of revenue, goodwill, or business opportunities.
You and SwigLab agree that these Seller Terms involve interstate commerce and that the Federal Arbitration Act and federal arbitration law govern any dispute resolution proceedings arising under these Terms. This section constitutes a written agreement to arbitrate under the Federal Arbitration Act, and both parties acknowledge that it satisfies the "writing" requirement of the Act. To the extent that federal arbitration law does not supply the necessary substantive law for resolving disputes, the laws of the State of California shall apply. If any portion of a dispute requires court involvement, such as seeking injunctive relief or enforcing an arbitration award, the laws of the State of California shall govern.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, PARTICIPATE IN A CLASS ACTION, OR HAVE A TRIAL BY JURY.
To the fullest extent permitted by law, you and SwigLab agree that any disputes, claims, or controversies arising from or relating to your use of the platform as a Seller, including listing products, receiving orders, payment processing, fulfillment obligations, and any related transactions, shall be resolved exclusively through final and binding arbitration. However, this agreement does not prevent either party from seeking injunctive relief in court to protect intellectual property rights, such as copyrights, trademarks, patents, and trade secrets.
Pre-Arbitration Dispute Resolution
SwigLab expects Sellers to adhere to all policies and obligations outlined in these Terms. If you have a dispute with SwigLab, you agree to first provide SwigLab with an opportunity to resolve the issue informally. You must submit a written notice (a “Demand”) that provides a clear description of the dispute, the date the issue arose, relevant facts, and any supporting documentation. The Demand must include your business name, authorized representative’s contact details, and a personally signed statement describing the issue. The Demand must be sent to:
MP Labs LLC
Attn: Legal Department
Los Altos, CA 94024
Email: mpunjabi@gmail.com
SwigLab will respond within twenty (20) business days and may request an informal discussion via phone or video call. Both parties must engage in good faith efforts to resolve the dispute before proceeding to arbitration. No legal action or arbitration may be initiated until this informal process is completed. The applicable statute of limitations will be suspended while this process is ongoing.
Arbitration Process
If the dispute is not resolved informally, both parties agree to submit the matter to final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will take place in the State of California or remotely via video or phone conference if agreed upon by both parties. The arbitrator will have exclusive authority to resolve all disputes related to these Terms, including but not limited to their interpretation, enforceability, and performance.
SwigLab shall not be responsible for any Seller legal costs, expert witness fees, or related expenses incurred during arbitration. Sellers are solely responsible for their own arbitration costs. The arbitrator may only award relief on an individual basis and may not grant any punitive or special damages. Judgment on the arbitrator's decision may be entered in any court with jurisdiction.
Class Action and Collective Proceedings Waiver
To the fullest extent permitted by law, you agree that disputes with SwigLab must be resolved on an individual basis and not as part of any class, collective, or representative action. The arbitrator shall have no authority to consolidate multiple claims or preside over any collective proceeding. Any relief granted will apply only to the individual party involved and may not affect other parties. If this waiver is deemed unenforceable, the arbitration agreement shall be null and void, and disputes must be resolved in court.
Waiver of Jury Trial: By agreeing to arbitration, you and SwigLab waive the right to a jury trial or a trial before a judge for any claims arising under these Terms.
Exceptions to Arbitration: SwigLab retains the right to pursue legal action in court to recover unpaid fees, enforce intellectual property rights, or seek injunctive relief against Sellers for breaches of these Terms. Sellers may seek resolution in small claims court for qualifying disputes.
Confidentiality of Arbitration: All arbitration proceedings, including related documents, findings, and communications, shall remain confidential and may not be disclosed to third parties, except as required by law or to enforce an arbitration award.
Indemnification in Disputes: Sellers agree to indemnify and hold SwigLab harmless from any costs, damages, or legal fees incurred due to the Seller’s breach of these Terms, failure to comply with applicable laws, or disputes arising with third parties related to Seller’s operations on the platform.
Opt-Out Option
Sellers may opt out of the arbitration agreement by providing a written, personally signed notice within thirty (30) days of agreeing to these Terms to:
MP Labs LLC
Attn: Legal Department
Los Altos, CA 94024
Email: mpunjabi@gmail.com
The opt-out notice must include the Seller’s business name, authorized representative’s full name, and a clear statement of intent to opt out of arbitration. Opting out does not affect any other provisions of these Terms.
Modification of Arbitration Agreement
SwigLab reserves the right to modify this arbitration agreement, but any changes will not apply to disputes initiated before the effective date of such modifications.
By continuing to use SwigLab’s platform as a Seller, you acknowledge and agree to the terms outlined in this section. If you do not agree, you must cease using the platform immediately.
For any questions regarding this section, please contact us at mpunjabi@gmail.com.
19. DISPUTES BETWEEN SELLERS AND BUYERS
a) Resolution Process: Sellers are responsible for resolving any disputes that arise with Buyers regarding product quality, order fulfillment, delivery, returns, refunds, or any other issues related to their transactions. Sellers must handle disputes professionally, fairly, and in accordance with SwigLab’s policies, maintaining clear communication with Buyers to achieve a mutually acceptable resolution. Sellers are required to respond to Buyer complaints promptly and take reasonable steps to address their concerns effectively.
b) SwigLab’s Role in Dispute Resolution: While SwigLab provides the platform for Sellers and Buyers to conduct transactions, it does not take responsibility for the resolution of disputes between them. However, SwigLab may, at its sole discretion, step in to mediate disputes if the parties are unable to reach a resolution independently. If mediation is initiated, SwigLab’s determination will be final and binding, and Sellers agree to cooperate fully in providing any necessary documentation or information required for dispute resolution.
c) Chargebacks and Refunds: If a Buyer initiates a chargeback or refund request, the Seller will be notified and given an opportunity to provide evidence supporting the legitimacy of the transaction. Sellers must provide documentation such as proof of shipment, delivery confirmation, and any communication with the Buyer regarding the issue. SwigLab reserves the right to deduct the disputed amount from the Seller’s account balance until the issue is resolved. Sellers acknowledge that SwigLab’s decision regarding chargebacks and refunds shall be final.
d) No Liability for Buyer Conduct: SwigLab does not assume liability for any fraudulent activities, misrepresentations, or breaches of contract by Buyers. Sellers acknowledge that they engage in transactions with Buyers at their own risk and should take necessary precautions, such as verifying Buyer information and setting clear policies regarding cancellations, refunds, and order modifications.
When you use the website or send emails to SwigLab, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website. SwigLab will communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to mpunjabi@gmail.com.
i. Non-Solicitation and Non-Circumvention: As a Seller on SwigLab, you agree not to solicit, contact, or engage with any Buyers introduced to you through the platform outside of SwigLab for the purpose of conducting transactions without the prior written consent of SwigLab. You further agree not to circumvent SwigLab by processing sales, offering discounts, or conducting business directly with Buyers to avoid paying applicable platform fees. Any violation of this provision may result in immediate termination of your account, forfeiture of earnings, and legal action to recover damages, including lost fees and other associated costs.
ii. Independent Legal Advice: Sellers acknowledge that they have had the opportunity to seek independent legal advice before agreeing to these Terms. Sellers further confirm that they fully understand their rights and obligations under these Terms and that they have entered into this agreement voluntarily, without any coercion or undue influence from SwigLab. SwigLab shall not be liable for any misunderstanding or misinterpretation of these Terms by the Seller.
iii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iv. Breach: In the event of a breach of these Terms by the Seller, SwigLab reserves the right to take appropriate action, including but not limited to issuing warnings, suspending or terminating the Seller’s account, withholding payments, or pursuing legal remedies.
v. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
vi. Waiver: Our failure to insist on or enforce strict performance of these Seller Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
vii. Survival: Notwithstanding any other provisions of these Seller Terms, or any general legal principles to the contrary, any provision of these Seller Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Seller Terms, for any reason whatsoever.
viii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Seller Terms, there shall be no third-party beneficiaries to these Seller Terms.
ix. No Assignment: Sellers may not assign, transfer, or delegate their rights, duties, or obligations under these Seller Terms, whether by operation of law or otherwise, without the prior written consent of SwigLab. Any attempted assignment or transfer without such consent will be null and void. SwigLab reserves the right to assign or transfer its rights and obligations under these Terms without restriction, including in the event of a merger, acquisition, or sale of assets. These Terms shall be binding on and inure to the benefit of the parties and their permitted successors and assigns.
x. Entire Agreement: The Terms, Cancellation & Refund Policy, and Privacy Policy, and any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between SwigLab and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website.
xi. Force Majeure: SwigLab shall not be held liable for any failure or delay in performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, fires, floods, pandemics, labour strikes, government actions, war, terrorism, power failures, cyberattacks, or disruptions in telecommunications or transportation services. In such cases, SwigLab will make reasonable efforts to resume operations as soon as practicable. Sellers acknowledge that they will not hold SwigLab liable for any losses or damages resulting from such force majeure events, and they must continue to fulfill their obligations to the extent reasonably possible.
xii. Updates to these Terms: SwigLab reserves the right to modify, amend, or update these Seller Terms at any time, at its sole discretion, with or without prior notice. Sellers are responsible for regularly reviewing these Terms to stay informed of any changes. Any updates will be effective upon posting on the Platform, and the “Last Updated” date will reflect the most recent changes. Continued use of the Platform after updates to the Terms constitutes acceptance of the revised Terms. If a Seller does not agree with the updated Terms, their sole remedy is to discontinue using the Platform. Sellers may contact SwigLab at mpunjabi@gmail.com with any questions regarding changes to these Terms.
In the event you have any grievance regarding anything related to our platform or these Terms, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at below:
· Email: mpunjabi@gmail.com
We welcome your questions or comments regarding the Terms. You can write to us via email: mpunjabi@gmail.com.
Last updated on January 26, 2025.