Terms of Service - SwiftHero

SwiftHero Terms of Service

This website is operated by SwiftHero Pty Ltd ACN 610 422 181 (“SwiftHero”). Throughout the site, the terms “we”, “us” and “our” refer to SwiftHero.

These Terms of Service apply to all users of the SwiftHero website located at swifthero.com.au, and all our associated websites and apps (collectively the "site"). By using the site, you agree to these terms.

If you do not agree to all the terms and conditions of this agreement, then you may not access the site.

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.

1. 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 fulfil 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.

2. 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.

3. Refusal of service

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

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.

4. Personal information

Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy visit https://swifthero.com.au/privacy.

5. Idea submissions

If you send us creative ideas, works, materials, proposals, suggestions, artwork, content or the like, including for advertising campaigns, promotions, products, services, technologies, product enhancements, processes, marketing strategies, product names, content or creative materials (collectively, 'submissions'), you agree that (1) your submissions and their contents along with related intellectual property rights will automatically become the property of SwiftHero, without any compensation to you; (2) SwiftHero may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for SwiftHero to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Any feedback you provide will be deemed non-confidential and not proprietary. SwiftHero will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

6. Prohibited uses

In addition to other prohibitions as set forth in this document, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

7. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall SwiftHero Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. 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, website or other medium for publication or distribution or for any commercial enterprise, without SwiftHero’s express prior written consent.

9. 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.

10. Severability

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.

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

11. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

12. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

13. Governing law

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.

14. Changes to these terms of service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

15. Contact information

Questions about the Terms of Service should be sent to contact@swifthero.com.au.

These terms were last updated on 20 September, 2018.