Swipe-n-Like - Terms of Service Policy
Thanks for visiting Swipe-n-Like’s Terms of Service Policy. Outlined below is our Terms of Service Policy as of January 5, 2020.
Our Terms of Service Policy outlines the Agreement between You, the purchaser and user of Swipe-n-Like Service and Swipe-n-Like..
Please review these terms (the “Agreement”) carefully. By accessing or using the services offered by Swipe-n-Like (“Swipe-n-Like”, “we” or “us”), you are confirming that you have read, understand and accept this Agreement. This Agreement can be updated from time to time as set out in Section 37 below. You are responsible for regularly reviewing the most current version of this Agreement, which is published at: http://www.swipe-n-like/service terms, though we will notify you of any changes that, in our sole discretion, materially impact this Agreement. Continued use of the Swipe-n-Like Services after any such changes have been made will constitute your consent to such changes. When we change this Agreement, we will update the “Last Modified” date above.
Table of Contents
- Who this agreement applies to
- Swipe-n-Like Terminology
- Swipe-n-Like Services
- Acceptable Use Rules
- Customer Content
- Submitted Content
- Account information
- Content and Third-Party Services
- Data Protection & the GDPR
- Intellectual Property
- Payment Terms, Subscriptions and Promotions
- Disclaimer of Warranties and Limitation of Liability
- Claims and Disputes
Who this Agreement applies to
This Agreement applies to the “Swipe-n-Like” Services, which are services that you access or purchase through our website, as further defined below. The terms that apply to Swipe-n-Like are available at http://www.swipe-n-like/service terms.
By using our Swipe-n-Like Services, you confirm that:
- You will only use our Swipe-n-Like Services for business and professional reasons;
- You are at least 18 years old or of an age otherwise able to enter into a legally binding agreement;
- You accept and will comply with this Agreement;
- If you are using our Swipe-n-Like Services as a representative of an organisation, you have the power to enter into legally binding agreements for the organisation; and
- You are responsible for anyone that uses our Swipe-n-Like Services through your account, such as your employees, consultants or contractors (“Authorised Users”).a
- We use capitalisation for terms that have a special meaning in this Agreement. While some terms are defined elsewhere, this section sets out the definitions of some key terms.
“Content” is a generic term that means all information and data (such as text, links and documents) in any format that is uploaded to our Swipe-n-Like Services.
“Customer Content” is Content that you or your Authorised Users provide to us, or upload to our Swipe-n-Like Services.
“Mentions” are the Content that a third party (in other words, someone other than you, your Authorised Users) creates and that we obtain on your behalf and at your instruction from Social Networks or other Third-Party Services that you connect to our Swipe-n-Like Services. For example, posts, comments, check-ins etc created by your followers that appear on your Facebook page would be considered Mentions.
“Swipe-n-Like Products” means physical products purchased online, physically through Swipe-n-Like outlets, it’s licenced agents or otherwise.
“Swipe-n-Like Services” means our websites, such as swipe-n-like.com.au (and all its current and future subdomains), and applications, and any services that you access or purchase through our websites or Third-Party Services (see below for how we define those) that you access or use in connection with our services.
“Third-Party Services” are services that are not provided by Swipe-n-Like but that you may access or use in connection with our Swipe-n-Like Services. They include but are not limited to the “Social Networks”, which are the social networking sites supported by our Swipe-n-Like Services (such as Twitter, Facebook, LinkedIn and Instagram) or other social medias
“you”, “your”, “Customer”, “Purchaser” and similar terms mean the person or legal entity accessing or using the Swipe-n-Like Services. For the avoidance of doubt, if you are accessing and using the Swipe-n-Like Services on behalf of a company (such as your employer) or other legal entity, “you”, “your” or “Customer”, “Purchaser” means the company or other legal entity that you are using the Swipe-n-Like Services on behalf of.
- Subject to the rest of this Agreement, we will allow you and your Authorised Users to access and use our Swipe-n-Like Services in the way set out in the plan you subscribed to. You may not use or access the Swipe-n-Like Services in any other way, such as dismantling or altering the Swipe-n-Like unit in any way.
- Swipe-n-Like Services evolve constantly. We may change our Swipe-n-Like Services, such as by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Swipe-n-Like Services.
- Swipe-n-Like Services interact with Social Networks and depend on the availability of those Social Networks and the features and functionality they make available to us, which we do not control and may change without notice. If at any time a Social Network stops making some or all of its features or functionality available to us, or available to us on reasonable terms as determined by Swipe-n-Like in its sole discretion, we may stop providing access to those features or functionality and we will not be liable to you or any third party for any such changes.
Acceptable Use Rules
- You and any Authorized Users using your account must comply with the Acceptable Use Rules and all laws. If we reasonably believe that you have breached the Acceptable Use Rules or any applicable law, we may, at any time and without notice, remove any of your Content and suspend, restrict or terminate your account or your access to Swipe-n-Like Services.
- You are solely responsible as the purchaser for submitting the correct links (URLs) for access to your Social Media Platforms when making your Swipe-n-Like Services purchase. Swipe-n-Like in not responsible for incorrect information supplied during the payment process and Swipe-n-Like products supplied with incorrect information supplied by the purchaser will not constitute grounds for a refund or resupply of goods at the expense of Swipe-n-Like.
- If you use the Swipe-n-Like Services for contests, promotions or otherwise ask people to submit Content through the Swipe-n-Like Services (“Submitted Content”), you acknowledge and agree that:
(A) the Swipe-n-Like Services do not help you comply with any laws, rules, or regulations that may apply to your collection or use of Submitted Content, which is solely your responsibility; and
(B) we will not be liable to you or any third party for the Submitted Content, and we make no warranty that any Submitted Content obtained or displayed as a result of using Swipe-n-Like Services is accurate, complete, lawful or abides by the rules and regulations of any third party platform.
- You are responsible for the completeness, security, confidentiality and accuracy of the account information you provide to us when setting up your account. Incorrect information supplied by the Purchaser that is used in the manufacture of Swipe-n-Like Products is the responsibility of the Purchaser and is not covered by our refund policy outlined in Section 25 of this document.
Content and Third-Party Services
- We are not responsible for Content provided by others, including Mentions, Posts and Content from Third-Party Services (such as Content from Social Networks and Followers). You and anyone else who accesses our Swipe-n-Like Services may access Content that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. We will not be liable to you or any third party for Content provided by others.
- If you access a Third-Party Service through our Swipe-n-Like Services, you do so at your own risk. Your relationship with the Third-Party Service provider is an agreement between you and them. You specifically understand that we are not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services.
- If you access or enable a Third-Party Service, you grant them permission to access or otherwise process your data as required for the operation of the Third-Party Service. We are not responsible for disclosure, use, change to or deletion of your data and will not be liable to you or any third party for access to your data by a Third-Party Service.
- We may, but do not have to, preview, verify, flag, modify, filter, block or remove Third-Party Services. You must comply with all agreements and other legal requirements that apply to Third-Party Services.
Data Protection & the GDPR
- If we share non-public information about Swipe-n-Like Services with you, you must keep it confidential and use reasonable security measures to prevent unauthorised disclosure of or access to that information.
- Customer Content. You retain your rights to any Customer Content you or your subscribers submit, post or display on your social platforms posted through the Swipe-n-Like Services.
- Feedback. We welcome your suggestions, comments, bug reports, feature requests or other feedback (“Feedback”). We do not have to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Swipe-n-Like a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use the Feedback for any purpose.
- Swipe-n-Like Services. We maintain all rights and interests in our Swipe-n-Like Services. The Swipe-n-Like Services contain Content owned or licensed by Swipe-n-Like (“Swipe-n-Like”). Swipe-n-Like Content is protected by copyright, trademark and other laws, and, as between you and Swipe-n-Like, we own and retain all rights in the Swipe-n-Like Services and in any Swipe-n-Like Content.
Payment Terms, Subscriptions and Promotions
- Payment Terms. Swipe-n-Like Services must be paid for in full prior to account activation and and Swipe-n-Like Products must be paid for in full prior to dispatch. This can be done via the Swipe-n-Like online store with a valid credit card, Paypal or other payment method. If you sign up for a free trial of a paid Swipe-n-Like Service, we may require you to provide a valid credit card, Paypal or other payment method.
- Promotional codes. You must pay all fees for the Swipe-n-Like Services that you purchase whether they are at the full price or at a discounted rate. Promotional codes can offer a discounted rate and/or a variety of inclusions but adhere to existing Payment Terms.
- Swipe-n-Like Subscription. Once your account with Swipe-n-Like Services is activated it will remain active indefinitely unless you choose to terminate your account or if Swipe-n-Like Services are no longer available or if Swipe-n-Like terminates your account as outlined in Section 23. Should you wish to terminate your account you can do so in writing by emailing email@example.com.
- Taxes. You are responsible for paying all taxes on all fees that you pay to us. Local taxes may differ based on your payment method or country of origin.
Cancellation and Termination of Swipe-n-Like Services
- You may cancel your Swipe-n-Like Services plan at any time by contacting us at firstname.lastname@example.org.
- We may refuse to provide Swipe-n-Like Services to anyone for any reason at any time. We may also immediately suspend or terminate your access to our Swipe-n-Like Services for any reason, at any time, without notifying you in advance. If we terminate your Swipe-n-Like Services because you violated any laws or any other part of this Agreement, you will not receive a refund. If we terminate your access to the Swipe-n-Like Services under this section for no reason, a refund will be awarded for the Swipe-n-Like Services at the discretion of Swipe-n-Like.
Disclaimer of Warranties and Limitation of Liability
- We offer our Swipe-n-Like Services “as is” and are not making any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, merchantability, fitness for a particular purpose, title, quality and non-infringement, that our Swipe-n-Like Services will meet your requirements or that our Swipe-n-Like Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. Use our Swipe-n-Like Services at your own risk. You hereby release us and our affiliates and the directors, officers, employees, agents, licensors and service providers of Swipe-n-Like from any claims, known or unknown, you have against them.
- All Swipe-n-Like Products purchased online, physically through Swipe-n-Like outlets, it’s licenced agents or otherwise carry a full 24 month warranty against any manufacturers faults or flaws that prevent that product from performing the functions for which it was initially intended. Post purchase damages or modifications to the product that prevent the product from performing its original functions are not covered under this warranty. Failure of non NFC supported devices to access the Swipe-n-Like products NFC capabilities do not constitute as a fault or flaw in the product and are therefore not covered by this warranty. Information that is incorrectly supplied to Swipe-n-Like when purchasing our products does not constitute as a fault or flaw in the product and does not adhere to this warranty policy. All warranty claims must be made in writing to email@example.com. Faulty Swipe-n-Like products must be returned to Swipe-n-Like. These units are to be sent to Swipe-n-Like; PO Box 5088, Cairns, 4870 Queensland, Australia for assessment at the expense of the purchaser. If your Swipe-n-Like product is deemed as faulty and adheres to this policy, a replacement unit will be sent to the purchaser at the expense of Swipe-n-Like. If you are seeking financial restitution and your claim is covered by this warranty, you will receive a full refund of your original purchase price upon receipt of all units associated with your account. These units are to be sent to Swipe-n-Like; PO Box 5088, Cairns, 4870 Queensland, Australia at the expense of the purchaser. Once a refund has been made, your Swipe-n-Like account will be terminated.
- We will not be liable for indirect, punitive, incidental, special, consequential or exemplary damages, or for loss of profits, goodwill or data or other intangible losses, that result from the use of, or inability to use, our Swipe-n-Like Services or any other aspect of this Agreement. Under no circumstances will we be liable for any Third-Party Services, Social Networks or activities of third parties, any connection to or transmission from the Internet, or for any damage, loss or injury resulting from hacking, tampering, theft or other unauthorised access to or use of our Swipe-n-Like Services or your account or the information contained in your account, including personal details.
- Our aggregate liability to you for all losses or damages arising out of this Agreement or your use of our Swipe-n-Like Services, even if we have been advised of the possibility of such losses, will not exceed the greater of the fees we received from you for our Swipe-n-Like Services that are subject to the claim during the three-month period immediately preceding the date on which the damages arose. The limitations of liability in this section also apply to the Swipe-n-Like Parties and to claims brought based on any cause of action, including breach of contract, tort (including negligence), statute or other legal or equitable theory. If there is a law that limits how the limitation of liability in this section applies to you, our liability will be limited to the fullest extent permitted by law.
- No advice or information, whether oral or written, obtained from us or elsewhere will create any warranty or condition not expressly stated in this Agreement.
- Our prices are set based on limitations of liability and the disclaimers of warranties in this section. You acknowledge that they will survive and apply even if found to have failed their essential purpose.
- If you are dissatisfied with our Swipe-n-Like Services or believe that you’ve been harmed by your use of our Swipe-n-Like Services or this Agreement, you may terminate your use of our Swipe-n-Like Services (as set out above). That termination is your sole and exclusive remedy (and our sole and exclusive liability) under this Agreement.
Claims and Disputes
- The laws of the Australian Federal Government will govern any dispute, cause of action or claim arising out of this Agreement or your use of our Swipe-n-Like Services, including against any Swipe-n-Like Party (“Dispute”), without giving effect to conflict-of-law principles.
- You will indemnify and hold harmless the Swipe-n-Like Parties from and against all losses, damages, penalties, liability and costs, including reasonable legal fees, of any kind or nature related to any claim against a Swipe-n-Like Party related to: (a) Customer Content or Submitted Content; (b) your breach of this Agreement or any laws; or (c) your use of our Swipe-n-Like Services or any Third-Party Services (including your breach of terms for any Third-Party Services).
- If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
- If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and Swipe-n-Like. You will give notice of your Dispute to us in writing. Any arbitration will take place in the state of Queensland, Australia, and will follow the Domestic Commercial Arbitration Rules. The arbitrator will have the right to decide how the costs should be divided between us. The arbitrator will have the right to accept whatever kind of evidence they think is appropriate and will have the right to make whatever award they consider fair and equitable, based on legal and equitable principles, including giving an order such as an injunction (to stop one of us from doing something) or an order that you or we pay damages to the other.
- Any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Swipe-n-Like and you each waive any right to a trial by jury.
- Export Compliance. You will not use or access our Swipe-n-Like Services if you are located in any jurisdiction in which the provision of our Swipe-n-Like Services is prohibited under Australian or other laws (a “Prohibited Jurisdiction”) and you will not provide access to our Swipe-n-Like Services to any government, entity or individual located in any Prohibited Jurisdiction. You confirm that you are not named on any Australian government list of persons or entities prohibited from transaction with any Australian person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) you will not allow Authorised Users to access or use our Swipe-n-Like Services in violation of any Australian or other export embargoes, prohibitions or restrictions; and (d) you will comply with all laws regarding the transmission of data exported from the country in which you (or your Authorised Users) are located.
- Amendment. We may change any part of this Agreement (including any terms or documents incorporated by reference in this Agreement) at any time by posting the revised terms on the Swipe-n-Like website, and your use of the Swipe-n-Like Services after the effective date of the updated Agreement or other terms constitutes your agreement to the updated Agreement or other terms, as applicable. It is important for you to review this Agreement before using our Swipe-n-Like Services and from time to time. The updated Agreement will be effective as of the time of posting, or on such later date as may be specified in the updated Agreement, and will apply to your use of the Swipe-n-Like Services from that point forward.
- Assignment. You may not assign your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity.
- Severability. If a court finds part of this Agreement to be invalid, the rest will continue to apply with the minimum changes required to remove the invalid portion.
- Force Majeure. We will not be liable to you or any third party for any failure to perform our obligations under this Agreement if that failure results from any cause beyond our control, such as the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks or other acts of hackers; Internet or network failures or interruptions; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts or labor disruptions; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts; or if another person (including a Social Network) changes their services or terms or no longer offers their services to you or Swipe-n-Like on terms we believe are reasonable.
- Remedies. If we fail to enforce this Agreement, we are not waiving our right to do so. Any remedies we have under this Agreement are not exclusive of any other remedies we may have under this Agreement, at law or otherwise.
- Notices to You. We will also contact you or your Authorised Users through your contact information you provide to us, such as email or telephone. If you fail to maintain accurate contact details, such as contact information, you may not receive critical information about our Swipe-n-Like Services or this Agreement.
- Notices to Swipe-n-Like. For any notice to Swipe-n-Like that you give under or regarding this Agreement, you must notify Swipe-n-Like by email to firstname.lastname@example.org titled ‘Legal Department’ with a duplicate copy sent via registered mail to the following address: Swipe-n-Like, PO Box 5088, Cairns Queensland 4870, Australia; Attention: Legal Department.
- Entire Agreement. This Agreement, including the other documents referred to as applicable to the Swipe-n-Like Services in this Agreement, is the entire agreement between you and Swipe-n-Like for your use of our Swipe-n-Like Services. Any prior understandings, statements and/or agreements (oral or written) do not apply, including additional terms that you may present (such as terms in a unilateral notice from you to us or printed on a purchase order or any other document generated by you). This Agreement is binding on the parties and their permitted successors.