Terms of Service

 

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 scheduling@swifto.com.  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.

Time Window: all our dog walks have a two hour time window for the start time of the walk. We can not gaurantee an exact time for the walk, only a time window. 

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 scheduling@swifto.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.  Links.

14.1.  The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by Swifto.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release Swifto from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

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.

16.  Privacy.  We will use any personal information that we may collect or obtain in connection with the Service in accordance with our privacy policy which is available at https://swifto.com/articles/privacy ("Privacy Policy").  You agree that we may use personal information that you provide or make available to us in accordance with our Privacy Policy.

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-policy ("Copyright Policy").

18. Warranty Disclaimer. 

18.1.  This section applies whether or not the services provided under the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.  THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  SWIFTO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, SWIFTO DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SERVICE.

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

 

 

Privacy Policy

 

This is the privacy policy ("Privacy Policy") that governs how we, Swifto Inc., and our affiliates and subsidiaries (collectively, "Swifto", "we", "us" or "our"), use Personal Information (defined below) that we collect, receive and store in connection with the use of: (i) the website www.swifto.com (together with its subdomains, content and services, the "Site"); and/or (ii) any mobile application that we license including, without limitation, the Swifto App (each, together with its content and services, an "App").  The Site and App are individually and collectively referred to herein as the "Service".

This Privacy Policy forms, as applicable, part of: (i) Site our terms of use, available at www.swifto.com\agreement ("Terms of Use"); and (ii) our End User License Agreement which you read and agreed to prior to downloading the App (the "EULA"). Capitalized terms used herein shall have the meaning ascribed thereto, as applicable, in the Terms of Use and EULA. 

1. Introduction.  We are committed to respecting your online privacy and we recognize your need for the protection and management of any Personal Information that you share with us.  We provide this Privacy Policy to explain our online information practices and the choices you can make about the way your Personal Information is collected and used in connection with the Service.  "Personal Information" means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, personal profile, a home or other physical address, an email address or other contact information.

2. Your Consent.  By using the Service, you consent to the terms of our Privacy Policy and to Swifto's processing of Personal Information for the purposes stated herein.  If you do not agree to this Privacy Policy, then please do not use the Service.  We reserve the right, at our discretion, to modify this Privacy Policy at any time.  We will inform you regarding any modifications by either notifying you via your designated email address or by posting the changes on the Site. The modifications will become effective ten (10) days following whichever form of notification occurs first and your continued use of the Service thereafter means that you accept those changes.

3. Receipt and Collection of Information.  We do not currently require you to provide Personal Information in order to have access to general information available on the Site. We may, however, receive and/or collect Personal Information from you in the following ways: 

3.1. Account. In order to provide you with certain services that we offer through the Service, you must create an account (“Account”). You may create an Account by completing an online registration form or by signing in via a Third Party Account (defined below), as follows: 

(a) Online Registration Form:  You can complete and submit an online registration form which we make available on the Service. In certain circumstances we may also offer you the opportunity to contact a Swifto representative, by using a phone number that we display on the Site, and request that they complete abd submit the online registration form for you. In any event,  you will be asked to provide us with information such as your Service user name, an email address, and a password that you will use for your Account. If you complete and submit the online registration form with the assistance of a Swifto representative you must immediatley access your Account and change your password (you agree that Swifto shall not be liable, and you hereby waive any legal or equitable rights or remedies you may have against Swifto, in connection with any failure by you to change your password). 

(b) Third Party Account:  You can click on a sign-in option that we may display on the Service for Facebook or other designated third party websites that you may have registered an account with (each a "Third Party Account").  Doing so will enable you to link your Service Account and your Third Party Account.  If you choose this option, then a Third Party Account pop-up box will appear which you will need to approve in order to proceed, and which will describe the types of information that we will obtain from, and the types of activities that we may perform in connection with, your Third Party Account.  Such information may include your Third Party Account user name, email address, profile picture, birthday, gender and preferences.  Please note that in order to use this option, you will need to have, and may need to be signed-in to, an existing Third Party Account.

Regardless of which method you choose to register your Account, you may also be asked to provide us with certain mandatory information, such as your cell phone number and your address. We may send an email to your nominated email address to confirm, or instruct you how to confirm, your registration. 

3.2. Dog Walking Services.   

(a) General.  We offer certain services through the Service.  Such services include the "Dog Walking Service" which is an informative platform that enables registered Service users who are seeking a dog walker ("Seekers") to send and post requests for a dog walker ("Dog Walker") through the Service, (each a "Request"), and enables Dog Walkers to respond through the Service to a Request with offers to provide dog walking services.  We collect, receive and store Personal Information (such as your email address and cell phone number) in connection with the services that we provide to you.  Your participation in any services is optional and you at all times may choose whether to provide any related Personal Information.

(b) Seekers.  If you are a Seeker then, in order to receive the full benefit of the Dog Walking Service, it may also be necessary to provide us with certain information about your Request, such as: your name, the consideration that you are willing to pay for the dog walk, the number of participating dogs, the general health and any behavioral issues of the dog(s), the duration of the dog walk and the location at which the dog walk will take place (including information necessary for the Dog Walker to gain access to the dog(s)).

3.3. Location Based Services.  Certain location-based services that we provide in connection with the App are dependent on data related to the geographic location of the device on which the App is installed.  Please be aware that unless the location feature is turned off on your device, we may continue to collect such location data.  If you choose to participate in these location services, you agree that we may collect location data from your device.

3.4. 'Contact Us' Information.  If you send us a "contact us" request we will receive and store a copy of your email address, as well as any other Personal Information you disclose.

3.5. Profile.  The Service enables you to build a profile in connection with your Account ("Profile").  Your Profile will be based on the information that you provide to us from your Third Party Account.   You may also choose to provide us with other information to use and display in connection with your Profile.  If you provide information about your references or any third party, please make sure you first obtain their consent to post and make information about them publicly available. If you are a Dog Walker then, in addition to your Profile, you may also have a Dog Walker Page (see Section 4.3. below).

3.6. Transactions. 

(a) The Dog Walking Service includes the option to purchase dog walking services from a Dog Walker.  If you choose to purchase or provide dog walking services, we will require sufficient information from you to complete the transaction.  If you are Seeker, such information could include a credit card number, related account and billing information, invoice related information, and other data required to process the order.  We may update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments.  If you are a Dog Walker, such information could include your bank account name and number, your address, phone number and social security number, and such other information as may be necessary to facilitate the transfer of payments to you.

(b) We may use the tools, software or services of third-party service providers (for example, ADP® for payments to Dog Walkers, and Stripe™ for payments to us from Seekers) to process transactions on our behalf, in which case you acknowledge and agree to review and be bound by the terms of use and privacy policy of said third-party service provider. Except as set forth herein, we will not share your financial Personal Information with any third person or entity.

3.7. Cookies and Other Tracking Technologies.  Some of our Site pages may utilize "cookies", log-files and other tracking technologies.  A "cookie" is a small text file that may be used, for example, to collect information about Site activity.  Some cookies and other technologies may serve to recall Personal Information previously indicated by a Site user.  Most browsers allow you to control cookies, including whether or not to accept and remove them.  You may set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser.  We may also collect limited information from your device in order to provide the App.  Such information may include your device type, device id, and date and time stamps of App use.  In addition, we may deploy tracking technologies within the App to help us gather aggregate statistics, but we will not use Personal Information for such purposes.

4. Publicly Available Information.

4.1. General. The Service may permit you and other Site users to post, publish and transmit information, video, image, data, text, documents, and other content onto public areas of the Service and to other Service users ("User Submissions").  You acknowledge and agree that certain User Submissions will become publicly published content and will be available to other Service users.  This is the case even if your User Submission contains Personal Information.  Please note that if you publish your contact information, you may receive unsolicited messages from users and visitors to the Site. We therefore encourage you to publish only information you are sure you want to be accessible to anyone.

4.2. User Submissions and Profile. Any inquiries, responses, messages, and comments that you post onto public areas of the Service will be publicly available, and may include your Profile name and Profile picture (to the extent that you have posted a Profile picture).  You have the choice of deciding whether to make your inquiries, responses, messages, and comments generally available on a public area of the Service or to only send or post them to one or several Service users.  The notices and tools that we provide on the Service should help inform you who your User Submissions will visible to (for example, one or many other Service users).

4.3. Dog Walker Page. For the purposes of matching Seekers and Dog Walkers Dog Walkers may have a “Dog Walker Page” which shall display information such as their picture, name, dog walking experience, a self-authored description, as well as testimonials written by Seekers who have used such Dog Walker’s services in the past. Dog Walker Pages will be accessible to all Service users and should be considered publicly available content.

5. Use of Personal Information. If you submit Personal Information to us through the Service, then such Personal Information may be used in the following ways:

5.1. We will use your Personal Information to provide (and improve) the App and Site and our related services to you, to contact you (including, for example, by email, SMS, and such other means as you may permit) in connection with the Service and its related services (including for the purpose of notifying you about offers, products and/or services which are published via the Dog Walking Service) and to identify and authenticate your access to the parts of the Service and the related services that you are authorized to access.

5.2. We may use your Personal Information to contact you in response to a "contact us" request.

5.3. If you include Personal Information in an inquiry, response, message, or comment that you (i) send or post to another Service user, then such Personal Information will be disclosed to that Service user; or (ii) post to a public area of the Service, then such Personal Information will be generally publicly available.

5.4. Requests.  Depending on whether you are a Seeker or a Dog Walker, certain Personal Information shall be made available to other Service users in connection with your use of the Dog Walking Service, as follows:

(a) If you are a Seeker and you post a Request: certain information (but never your password), such as your name, postal code, and the time for the dog walk, will be made available to prospective Dog Walkers.  Your email address and phone number may also be sent to the Dog Walker that confirms, via the Service, his or her acceptance of the Request.

(b) If you are a Dog Walker and you respond to or approve a Request: certain information (but never your password), such as your Profile (including your name, age, picture, postal code) and other information that you disclose, will be made available to the Seeker.

5.5. We may provide Personal Information to our subsidiaries and affiliated companies for the purpose of processing or storing such information on our behalf.  Such information may be transferred to other countries around the world.  We require that these parties agree to process such information in compliance with our Privacy Policy.

5.6. We may transfer your Personal Information to our third party service providers (such as a server hosting provider), but only to provide our services to you.  Such information may be transferred to other countries around the world.  We use commercially reasonable efforts to only engage or interact with third party service providers that post a privacy policy governing their processing of Personal Information.

5.7. We may disclose your Personal Information or any information you submit via the Service and its related services, if we have a good faith belief that disclosure of such information is helpful or reasonably necessary, to: (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce our Terms of Use and EULA including investigations of potential violations thereof, (iii) detect, prevent, or otherwise address fraud or security  issues, and/or (iv) protect against harm to the rights, property or safety of Swifto, its users, yourself or the public.

6. Use of Anonymous Information.  We may use Anonymous Information or disclose it to third party service providers in order to provide and improve our Service and to enhance your experience with it. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeted advertisements. "Anonymous Information" means information which does not enable identification of an individual user, such as aggregated information about the use of our Service.

7. Opt-out.  We may use your email address to send you promotions, updates, a newsletter or news regarding our Service.  You may choose not to receive future emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Please note that even if you opt out of receiving the foregoing emails, we may still send you a response to any "Contact Us" request as well as administrative emails (for example, in connection with a password reset request) that are necessary to facilitate your use of the Service. If you no longer desire our Service or wish to delete or deactivate your Account, you can contact us at scheduling@swifto.com.

8. Changes to Your Personal Information.  To the extent that you do provide us with Personal Information, please ensure that it remains accurate.  If your Personal Information changes, or you wish to remove or modify certain Personal Information that we are storing, you may either correct or update it by logging-in to your Account, which includes your Profile, and making the change(s), or by contacting us at scheduling@swifto.com. Your email should include adequate details of your request.

9. Choice.  At all times, you may choose whether or not to provide Personal Information to Swifto.  The notices that we provide on the Service in circumstances where we collect Personal Information should help you make this choice.  If you choose not to provide the Personal Information we request, you can still use the Service, but you may be unable to access certain options, offers, and services that involve our interaction with you.

10. Collection of Information by Third-Party Sites.  We may use a reputable third party to present advertisements that you may see on the Service. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

11. Links to Other Sites.  Our Service may contain links to other sites. Other sites may also reference or link to our Service.  We are not responsible for the privacy practices or the content of such other sites.

12. Children's Privacy.  The Service is not intended for children under the age of 13 years old, and we do not intend to collect Personal Information from anyone we know to be under 13 years of age.

13. Security.  The security of your Personal Information is important to us.  We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, We cannot guarantee absolute security. If you have any questions about security on the Service, you can contact us scheduling@swifto.com.

14. In the Event of Merger, Sale, or Bankruptcy.  In the event that Swifto is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our users as part of such merger, acquisition, sale, or other change of control.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control the manner in which your Personal Information is treated, transferred, or used.

15. Your California Privacy Rights.  California Civil Code Section 1798.83 permits customers of Swifto who are California residents to request certain information regarding its disclosure of Personal Information to third parties for their direct marketing purposes.  To make such a request, please send an e-mail to scheduling@swifto.com.  Please note that we are only required to respond to one request per customer each year.

16. Commitment.  We are committed to protecting your privacy. Protecting your privacy online is an evolving area, and we are constantly evolving our Service to meet these demands.  If you have any comments or questions regarding our Privacy Policy, or your Personal Information that we may be storing and using, please contact us at scheduling@swifto.com. please contact us at scheduling@swifto.com. While we cannot guarantee privacy protection, we will address any issue to the best of our abilities as soon as possible.

 

Swifto™ Copyright Policy

1.          Removal of Content. It is the policy of Swifto Inc. ("Swifto") to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement.  Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (the "DMCA"), Swifto has designated a Copyright Agent (as specified below) to receive notifications of claimed copyright infringement in connection with: (i) the website www.swifto.com and other websites that we operate (each a "Site") and (ii) the Swifto App and other mobile software applications that we license (each an "App", and together with the App, the "Service").  Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of Service users who are repeat infringers. 

2.          If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent with the following information in accordance with the DMCA:

(i)          An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

(ii)         A description of the copyrighted work you claim has been infringed;

(iii)       A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it.  Providing URLs in the body of an email is the best way to help us locate content quickly;

(iv)        Your address, telephone number, and email address;

(v)         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vi)        A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

3.          Counter-Notification. If you believe that the material you posted was removed from the Service by mistake, and that you have the right to post the material, you may elect to send us a counter-notification. To be effective the counter-notification must be a written communication provided to our Copyright Agent that includes substantially the following (please consult your legal counsel or see the Digital Millennium Copyright Act, 17 U.S.C. (the "Copyright Act") Section 512(g)(3) to confirm these requirements):

(i)          Your physical or electronic signature;

(ii)         Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.  Providing URLs in the body of an email is the best way to help us locate content quickly;

(iii)       A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(iv)        Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Swifto may be found, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.

4.          Misrepresentations. Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

5.          Copyright Agent. Swifto's agent for notice of claims of copyright infringement ("Copyright Agent") can be reached as follows:

 

 

Address: 349 5th Avenue

Phone:   1-855-967-5486

Email:    contact@swifto.com

Last updated: 10 January 2013