Terms of Service - SwiftHero
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SwiftHero Terms of Service

Ownership of Site and Agreement to Terms of Service

This website is operated by SwiftHero Pty Ltd ACN 610 422 181 (“SwiftHero”).

These Terms of Service apply to the SwiftHero web site located at swifthero.com.au, and all associated web sites, apps, and APIs linked to swifthero.com.au by SwiftHero, its subsidiaries and affiliates, and all SwiftHero sites around the world (collectively the “Site”). The Site is the property of SwiftHero Pty Ltd and its licensors. By using the site, you agree to these terms of use. If you do not agree, do not use the site.

SwiftHero reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, SwiftHero grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Section 1 - Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to SwiftHero, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without SwiftHero’s express prior written consent.

Section 2 - SwiftHero is a matching service between customers and providers

SwiftHero receives requests from customers (the “Service Customer”) and selects a provider (the “Service Provider”) to execute the order. Service Providers are owned and operated by third parties. You must acknowledge and agree that SwiftHero is in no way directly involved in transactions between Service Provider and Service Customers.

Using our site, you must agree that SwiftHero does not provide any paid goods or services to Service Customers. SwiftHero is only an introductory and information “middleman” service and is not responsible for the actions and services provided by a Service Provider.

Introductions and/or information provided by SwiftHero to a Service Customer and/or Service Provider does not imply any endorsement by SwiftHero of either party.

SwiftHero makes no claims, warranties or guarantees related to a Service Provider, including but not limited to:

  1. the services of the business;
  2. the merchantability or fitness of the business;
  3. the reliability and timeliness of the business;
  4. the accuracy of any information SwiftHero presents about the business.

SwiftHero will not be liable under any circumstances for any loss of profits or damages which are the consequence of acting on or failing to act on any advice or information given by a Service Provider.

Section 3 - Prohibited uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. for any unlawful service;
  2. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
  3. to harass, abuse, insult, harm, defame, slander, disparage, or intimidate;
  4. to submit false or misleading information;
  5. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet;
  6. to collect or track the personal information of others;
  7. to spam, phish, pharm, pretext, spider, crawl, or scrape;
  8. for any obscene or immoral purpose.

SECTION 4 - Refusal of service

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or order address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

We reserve the right to terminate your use of the Service for any reason at any time without notice.

Section 5 - Indemnification

You agree to indemnify, defend and hold harmless SwiftHero Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 6 - Refund policy

If you are unhappy with the service of a Service Provider and have outlined the reasons for your grievance, SwiftHero will attempt to resolve the issue by contacting you and/or the Service Provider. In consideration, SwiftHero will at its absolute discretion either:

  1. deny the claim; or
  2. offer you a credit on your SwiftHero account; or
  3. request the Service Provider to refund your payment.

If we determine you are entitled to a payment refund, you agree to accept the refund amount by Australian bank transfer or any other payment method which SwiftHero opts to use, regardless of the payment method you used at the time of sale.

Section 7 - Governing laws

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Commonwealth of Australia and by the laws of the State of Victoria without regard to its conflicts of laws provisions.

Section 8 - General

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

These terms were last updated on 7 March, 2018.