Welcome to Swifto!Please read the following Terms of Service (“Terms”) carefully before using the website www.swifto.com (together with its sub-domains, Content, Marks and Services, the “Site”) or the Swifto Services (defined below) so that you are aware of your legal rights and obligations with respect to Swifto Inc. ( “Swifto”, “we”, "our" or "us").
1. Background. Swifto is the provider of certain services (collectively, the "Swifto Services"). Swifto makes the Site available to provide information about, and to use in connection with, the Swifto Services. One of the Swifto Services is our Swifto dog walking service (the "Dog Walking Service") which is intended to facilitate dog walks (each a "Dog Walk") by Swifto dog walkers (each a "Dog Walker"). Unless separately referred to, the Swifto Services (including the Dog Walking Service) and the Site are collectively referred to in these Terms as the "Service".
2. Consent and Modification. By visiting the Site or using the Swifto Services, you signify your assent to these Terms. These Terms apply to all visitors of the Site and users of the Services. Additional terms may also apply to specific Swifto Services; any such additional terms shall be displayed on the Site. If you do not agree to these Terms then please do not use the Service. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Service thereafter means that you accept those changes.
3. Ability to Accept Terms. The Service is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not use the Service. If you are between 13 and 18 years of age, then you must review these Terms with your parent or guardian before using the Service to make sure that you and your parent or guardian understand these Terms and agree to them.
4. Site Access and Use.
4.1. General. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law. Please note that this is a beta version of the Site and not all features may be fully implemented or refined. As with any beta version, there may be unresolved issues despite our scanning.
4.2. Site Restrictions. You agree at all times to comply with these Terms and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) transmit any Content (defined below) which contains software viruses, or other harmful computer code, files or programs; (iii) disrupt the servers or networks connected to the Site; (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (v) collect Content or information from the Site, or otherwise access the Site, by using any automated means, including without limitation, "robots," "spiders," "scrapers" and "offline readers," without our prior written approval which we may revoke at any time; (vi) collect or harvest any personally identifiable information, including account names or email addresses from the Site; (vii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications, including without limitation by email, SMS, MMS, or any other means; (viii) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Site; (ix) use the Swifto name, logo or trademarks without our prior written consent; and/or (x) use the Site to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
5. Site Account. In order to use certain Swifto Services or some of the services of the Site, you may have to create a Site account ("Account"). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify Swifto immediately of any breach of security or unauthorized use of your Account. You are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to Swifto at firstname.lastname@example.org. In certain circumstances we may offer to assist you to create your Account. If we do so, you agree to promptly change your password so that it remains confidential to you.
6. Dog Walking Service. The details of the Dog Walking Service, including the location, duration and details of the Dog Walks, are set forth in our dog walking policy which is available at www.swifto.com\participationterms ("Dog Walking Service Participation Terms"). If you use the Dog Walking Service then you agree to comply with, and be bound by, our Dog Walking Service Participation Terms. The Dog Walking Service Participation Terms will form part of these Terms. In the event of any conflict between these Terms and the Dog Walking Service Participation Terms these Terms will prevail.
7. Payments. If you make a purchase from Swifto , then you acknowledge and agree: (i) that we, or one of our third party payment processors (each a "Payment Processor"), may charge your credit card for the purchase or subscription (including, as applicable, for recurring charges such as monthly or other types of periodic payments) and such other amounts (including any taxes and late fees, as applicable) that may accrue in connection with the purchase or subscription; (ii) to only provide valid and current information for (a) yourself; or (b) another person, but only if you have first obtained their express consent to do so; (iii) that we may use the tools, software or services of Payment Processors to process transactions on our behalf; and (iv) if your payment is not received by us for any reason from your card issuer, you agree to promptly pay all amounts due upon demand (any amount not paid when required to be paid may accrue interest on a daily basis until paid in full at the lesser of: (A) the rate of one and a half percent (1.5%) per month; or (B) at the highest amount permitted by applicable law). All payments by you: (1) unless otherwise stated, are and shall be paid in US Dollars; (2) are non-refundable; and (3) are exclusive of all taxes, levies, or duties, which are your responsibility. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree to hold us harmless, and expressly release us, from any and all liability arising from the conduct of a Payment Processor.
8. Coupons. We may, from time to time, offer certain discounts or promotions in connection with the Service ("Coupons"). Any purchase or use of a Coupon is subject to these Terms and also any additional terms and conditions that are displayed on the Site or the Coupon itself (in the event of any conflict between these Terms or the terms and conditions that appear on the Coupon itself, these Terms shall prevail). You are not entitled to any cash value for the amount of the Coupon. If you redeem a Coupon for less than its face value, then you will not be entitled to receive any cash back credit or credit for the difference between the face value and the amount redeemed. Individual Coupons may not be combined with any other vouchers, coupons, or promotions unless otherwise stated on the Coupon itself. If a Coupon is not used within six (6) months of the date of purchase, then the Coupon will become inactive and will not be able to be used. You can reactivate an inactive Coupon by sending us an email to email@example.com and requesting that your Coupon is reactivated. Please be aware that we will not consider any such request unless you include full details of the inactive Coupon including the relevant dates, payment details and the country and city in which you reside. You acknowledge that the foregoing right to reactivate an inactive Coupon will only continue for such time as required by applicable law.
9. Notification Service. Some of our Swifto Services may include a notification service whereby we send notifications and updates about the Swifto Service that you are participating in ("Notification Service"). If you are participating in the Notification Service you agree: (i) that we may send you notifications and messages via email, MMS, SMS text or other electronic means to your mobile phone number and/or email address designated in your Account; and (ii) to promptly update your contact information in your Account in the event that you change or deactivate your mobile phone number or email address. Please note that Swifto does not charge you to participate in the Notification Service but your telecommunications carrier or internet provider may charge you for their fees for messaging, data, internet access and other rates for receiving Notifications. Of course if you choose to respond to a Notification (or otherwise contact us) by sending an email, MMS, SMS text or other form of electronic message then you may be charged for doing so by your telecommunications carrier or internet provider.
10. Intellectual Property Rights.
10.1. Content and Marks. The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Site (collectively, the "Materials"), (ii) Site software ("Software"); (iii) User Submissions, as defined below (and together with the Materials and Software, the "Content"); and (iv) the trademarks, service marks and logos contained therein ("Marks"), are the property of Swifto and/or our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. "Swifto", the "Swifto Dog Walking" and the Swifto logos, are Marks of Swifto or its affiliates. All other trademarks, service marks, and logos used on our Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content and Marks.
10.2. Use of Content. Content on the Site is provided to you on an 'as is' and 'as available' basis for your personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content you must retain all copyright and other proprietary notices contained therein.
11. User Submissions.
11.1. Responsibility. The Site may permit the submission, hosting, sharing and publishing of Materials by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason.
11.2. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize Swifto to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions. "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic. You retain all of your ownership rights in and to your User Submissions.
11.3. License to User Submissions. By submitting the User Submissions to Swifto, you hereby grant Swifto a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and Swifto's business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law. You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
11.4. Prohibited Content. You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; (viii) is malicious or fraudulent; or (ix) breaches these Terms.
11.5. Personal Information. If your User Submission contains the contact information or any personally identifiable information of any person you hereby expressly represent and warrant that: (i) you have complied, and will comply, with all applicable privacy laws; (ii) you have obtained the express consent of the person to include their contact information or personally identifiable information in your User Submission; and (iii) that the person is aware that they may be contacted as a result.
11.6. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that Swifto is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Swifto with respect to (i) and (ii) herein.
12. Information Description and Accuracy.
12.1. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
12.2. We do not warrant that any information or advice that may be presented on the Site is appropriate, accurate, medically-sound, current, or suitable for your pet. If you have any specific medical or care-related question with respect to your pet we recommend that you consult a qualified veterinary or pet-care professional.
13. Disclosure. We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Swifto, our users or the public
14.2. Swifto permits you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with Swifto or present any false information about Swifto and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms and applicable law
15. Advertisements. The Site may display advertisements not operated by Swifto. The existence of an advertisement shall not be construed as an endorsement by Swifto of the advertisement or its content.
17. Copyright Policy. It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at www.swifto.com\copyright ("Copyright Policy").
18. Warranty Disclaimer.
18.2. SWIFTO DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT SWIFTO WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY OR THAT IS INCLUDED IN A USER SUBMISSION.
18.3. YOU SPECIFICALLY ACKNOWLEDGE THAT SWIFTO SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE USER IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER IN CONNECTION WITH THE SITE OR ANY USER SUBMISSION, YOU AGREE THAT SWIFTO IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. SWIFTO RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
18.4. All references to Swifto in Sections 18 ('Warranty Disclaimer'), 19 ('Limitation of Liability') and 20 'Indemnity') include Swifto and its affiliates, and their respective officers, directors, employees and agents and Dog Walkers.
19. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) SWIFTO SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF SWIFTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SWIFTO FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO SWIFTO FOR USING THE PART OF THE SERVICE THAT IS THE SUBJECT OF THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you
20. Indemnity. You agree to defend, indemnify and hold harmless Swifto from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of or inability to use the Service; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.
21. Term and Termination.
21.1. These Terms are effective until terminated by Swifto or you. Swifto, in its sole discretion, has the right to terminate these Terms and/or your use of the Service, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Swifto shall not be liable to you or any third party for termination of the Service, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.
21.2. Survival. Upon termination of these Terms, you shall cease all use of the Service. This Section 21 and Sections 4.2 ('Site Restrictions'), 7 ('Payments'), 10 ('Intellectual Property Rights'), 11.3 ('License to User Submissions'), 13 ('Disclosure'), and 16 (Privacy) to 25 (General) shall survive termination of these Terms.
22. Independent Contractors. You and Swifto are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Swifto. For the avoidance of doubt, all references to Swifto in this section include Dog Walkers.
23. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Swifto without restriction or notification to you.
24. Governing Law and Disputes. These Terms and the relationship between you and Swifto shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York, New York and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that Swifto may seek injunctive relief in any court of competent jurisdiction.
25. General. Swifto reserves the right to discontinue or modify any aspect of the Site at any time. These Terms shall constitute the entire agreement between you and Swifto concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED
Last updated: 10 January 2013