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Terms & Conditions
Introduction
Welcome, these are the Terms and Conditions of Service (the “Terms”) for the mobile application known as SwiftServ (collectively referred to as the “App”) and the website located at www.swiftserv.me (the “Site”), including its sub-domains and its mobile optimized versions. The App and the Site are proudly provided by SwiftServ Ltd. (hereinafter, the Site, the App and SwiftServ Ltd. shall all be collectively referred to as “SwiftServ”). These Terms shall be supplemented by our Privacy Policy (the “Policy”), incorporated herein by reference.
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, SwiftServ and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site and App, whether registered under an account or not.
Acceptance If you continue to browse and use SwiftServ, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern SwiftServ’s relationship with you in relation to the Site and the App, along with any products and services offered thereby (collectively, the “Service(s)”).
In addition, you hereby acknowledge and agree that these Terms are concluded between you and SwiftServ only, and not with Google Inc. or Apple Inc. Henceforth, SwiftServ is solely responsible for the Site and the App and the content thereof. These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s terms and conditions of service.
Updates SwiftServ reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the App and the Services, at any time and without notice. Changes to these Terms will be displayed in the Site, and we may notify you through the App or by email. Please refer to the last effective date where changes were last undertaken by us, indicated at the end of this document. Your use of our Services after the effective date of any update –either by account registration or simple use– indicates your acceptance thereof.
Services of SwiftServ SwiftServ aims to make booking local services faster and simpler. Users who wish to purchase and consume certain services from professionals (hereinafter, the “Customer(s)”) can book pre-approved local services from professionals such as taxi drivers, caregivers, electricians, plumbers, pest control, cleaners, food delivery, grocery delivery and more (hereinafter, the “Professional(s)”).
Overall, SwiftServ provides a platform with the functionalities that include but are not limited to: booking taxis, requesting delivery and posting job offers for services required by Consumers, Professionals offering bids for their services, a directory of local Professionals, a platform where Consumers and Professionals can communicate amongst each other, negotiate the services, time, price, track their progress, and more.
Henceforth, the Site allows for booking of services at a location and time to be mutually agreed (a “Future Booking”), and the App allows for both Future Booking and immediate on-demand bookings, traceable in real time via the user’s mobile devices (an “On Demand Booking”). Users may also participate in polls, see each others’ location, send contact requests and share messages, documents, links, photographs, videos, audio and other content.
Service Disclaimer SwiftServ only provides an online platform where Professionals can make bids for their services to Consumers who have requested the type of service that such Professional can offer or provide. Henceforth, if the Customer decides to proceed with a bid, the Professional and the Customer shall be able to directly negotiate and contract each other regarding the provision of the particular services, and the Customer will be obliged to pay the Professional directly (not SwiftServ).
SwiftServ does not provide the actual professional services, and hereby disclaims any and all representation or warranty about the Customers, their likelihood to select, engage and pay for services, and for the actual performance, skill or availability or the Professionals.
Our payment system is only intended to transfer the funds from Consumers to Professionals, under certain rules and less our commission, thus the payment and obligations between our users will remain their sole and final responsibility. Lastly, we only provide non-binding mediation services for our users who select that option.
Account Registration, Verification and Safety In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.
Your access to SwiftServ is only offered for your individual use, and not for the use or benefit of any third party you may represent.
Account Suspension, Termination SwiftServ encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the App and use of our Services.
Service Eligibility SwiftServ does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use the App or the Site, even under the direct supervision of your parent or legal guardian. SwiftServ does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.
Professional Accounts For our users who wish to open an account to provide their professional services to consumers, we will request, but will not be obliged to, certain basic documentation in order to carry out minimum checks. Overall, we may request the following information in order to review each Professional user and his contribution to our ecosystem:
● Personal and professional information (e.g. name, physical address, telephone number, email address, utility bills, driving license, proof of address, proof of professional registration or license). ● Information about service required, postal code and geographical location where the service is offered. ● Billing information, such as credit or debit card number, expiration date & security code and/or information regarding user’s Stripe, Google Wallet or other digital payment accounts. ● Ratings and reviews of the service providers which customer may engage through the Site and App. ● Application information such as service provider’s experience, skills, eligibility to work, and availability. ● Social media accounts linking. ● Credit and consumer checks and reports. ● Other information requested by our service and payment processing providers, including the use of third party entities for ID, address and solvency check.
For users who wish to provide their professional services, we may also request proof of experience and skill. Each registration we be reviewed to ensure that it fits into one of our supported service categories. Some service categories will be incompatible with our offerings, and may be rejected by us. We reserve the right, but not the obligation, to open and close service categories when we deem fit.
Professional profiles should include information such as details of the services provided, images and videos, reviews, insurance information, and credentials. We offer certain functionalities targeted to professional users, such as badges, advertising campaigns, profile enhancement and increased visibility. These functionalities will be optional, and will be ruled according to their terms, price and conditions, to be indicated by us from time to time.
Customer Accounts For our users who wish to open an account to request professional services, we will request, but will not be obliged to, certain basic documentation in order to carry out minimum checks. Information requested will include, but will not be limited to: (i) personal and professional information (e.g. name, physical address, telephone number, email address, utility bills); (ii) billing information, such as credit or debit card number, expiration date & security code and/or information regarding user’s Stripe, Google Wallet or other digital payment accounts; and iii) social media accounts linking.
Booking Process Consumers will be able to post service and work requests on our Site and App (each, a “Job”), and will be able to indicate the type of service requested, timeframe, location, availability, materials used (if any), proposed fee (hourly work or fixed price), the Job’s location (the “Location”) and other items (collectively, each a “Request”). Such Requests will be available on our Site and App so Professionals may review them.
If a Professional wishes to bid for the job Request, they will be able to post a custom proposal which will include cost estimate, proposed fee, availability, materials used and a personal message for the Customer. Once their bid is sent to the Customer, we will also send the Professional's profile along with their bid (each, a “Proposal”).
Posts for Job Requests are free to make by Customers, and posts for Job Proposals are to be purchased as pre-paid credits by our Professionals.
Future Bookings. Through the Site and the App, Customers can place Requests for Future Bookings, Professionals can then make Proposals and Customers may ultimately book the Job to be provided at a future time and Location to be mutually agreed. Our users can communicate their needs directly via text chat or voice call.
SwiftServ will confirm each Job booking appointment and Customers may pay electronically via our systems. We may also offer the option where Customers may pay Professionals in cash after the services are completed. The terms and conditions for electronic and cash payments shall be detailed and indicated by SwiftServ from time to time.
On Demand Bookings. Through On Demand Bookings, Customers may create Requests for services they need within a short timeframe. After opening a Request for a Job, the App will match Customers with our pre-approved Professionals, based on the type of services requested for the Job, the Professional’s availability and Location’s proximity between them. Therefore, after a Customer selects and book a Job, their preferred Professional will travel to the Location.
The App has mechanisms to track Professionals in real time, from traveling to and arriving at the Location until the time of completion, after which Customer may pay them. These functionalities represent a convenience for our community, since all steps in the booking and service provision are duly registered and stored by SwiftServ.
Booking Terms. By providing a Proposal, Professionals are thereby representing and warranting to SwiftServ and the Customer that they are duly skilled, qualified and available to undertake out the relevant Job, and that the Proposal is a true, accurate and reasonable estimate of the timeframe and cost of the work to be undertaken, based on the initial information received from the Customer.
By posting a Request, Customers are representing and warranting to SwiftServ and the Professional that they are available to receive the Professional and that the Location is free and open to the Professional and his equipment.
Misrepresentation of booking terms by our users entails a breach of our Terms, and is grounds for a Job’s cancellation, account suspension and even deletion by SwiftServ.
In order to foster a fair ecosystem, SwiftServ will implement systems designed to measure whether a Professional is under or over biding. Furthermore, our systems may limit the number of Proposals which each Customer may receive (e.g. 5 for plumbing work and 10 for dentist). We will also indicate the maximum number of Proposals a Professional may do for each Job, and we may also limit the number of monthly Proposals each Professional may send overall. We do this at our discretion, in order to make the Site and App as effective possible for all users.
As a general rule, we do not review, moderate or select the Requests, Proposals and Jobs (although we reserve the right to do so and may edit and reject them at our discretion).
Once a Customer has received a Proposal, they may contact the Professional to discuss it further, or not. We shall not be responsible if a Customer chooses to ignore a Proposal. If a Customer do contacts the Professional, the Professional will be able to use the functionalities of SwiftServ in order to message and discuss the details of the Job with the Customer.
Booking Contract. Each Job contract for the provision of services will be solely between the Professional and the Customer. Furthermore, where a Professional and a Customer agree to mutually engage for the provision of a Job and to make the appertaining payment via SwiftServ, we shall not be considered a third party within the definition of the Contracts (Rights of Third Parties) Act 1999; and we will not incur into any obligation under the Job contract between the Professional and Customer, and cannot ultimately enforce any obligation(s) relating to it.
Booking Charges Customers and Professionals will decide the final cost for each Job. There will be no charge if: (i) a Customer cancels a Future Booking via the Site or App at least twenty four (24) hours prior to the date on which a Job is scheduled to be commenced; and/or (ii) a Customer cancels an On Demand Booking via the App, within ten (10) minutes of booking the Job. Henceforth, there will be a SwiftServ charge if: (i) a Customer cancels or reschedules a Future Booking within the twenty four (24) hours prior to the Job’s appointment time; (ii) when a Customer cancels an On Demand Booking after ten (10) minutes of booking the Job; and/or (iii) where a Customer has confirmed the Job appointment with a Professional, and the Professional has already begun working on the Job or is traveling to the Location (e.g. a Professional accepted a Job via On Demand Booking within ten (10) minutes after a Customer accepted the Proposal).
Unlike many other job platforms, if a Customer doesn't review a Proposal submitted by a Professional within four (4) days after being sent to a Job’s Request, SwiftServ will automatically refund the Professional’s credits used for the Proposal. We do this is in order to ensure that Professionals are communicating with Customers who are seriously considering hiring them for a Job. Professionals will also receive an automatic refund if the Customer cancels the Job Request prior to reviewing any Proposals. If a Professional arrives for a scheduled Job and is unable to contact or find the Customer or to gain access to the Location, the Professional will have a twenty (20) minute term to message and attempt to contact the Customer, after which the Job will be cancelled and the Customer will be charged, as applicable, either: (i) the minimum hourly charge for the Job; or (ii) the fixed Job price.
General Payment Terms Users must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from a credit card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you.
We use a Stripe, a worldwide accepted third-party payment processor to bill you through a payment account linked to your account on the App or Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. SwiftServ is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
Mediation Services SwiftServ offers mediation services for situations that include, but will not be limited to: (i) Customers who are not satisfied with the Future Booking and On Demand Booking services provided by a Professional, therefor alleging that the performance and/or quality of a Job is not what such Customer may reasonably expect from the selected Professional; and/or (ii) Professionals who ascertain that they effectively performed an completed a Job but where a Customer refused to pay them via the cash option. The mediation services must be solicited within two (2) days from the completion date of the Job by either user. The Job must have either been executed and marked as completed (or purported to be completed) by the Customer and/or the Professional. Hereinafter, each mediation instance shall be called a “Dispute”.
SwiftServ will not take part in a Dispute other than as a mediator, and will make use of the means available via the Services in order to achieve an amicable resolution among the users. If the Dispute parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute may be escalated to SwiftServ by either party, and we will undertake our commercial efforts to offer a non-binding recommendation for the settlement of the Dispute.
If SwiftServ has been unable to resolve a complaint made by a user within eight (8) weeks, the user will be free to address the complaint to Customer Dispute Resolution Ltd, in order to engage into alternative dispute resolution means. SwiftServ does not provide consultation or counsel regarding such alternative dispute resolution means. For more information, our users can visit the Customer Dispute Resolution website at www.cdrl.org.uk, and may also contact Customer Dispute Resolution Ltd (Company No. 09189773) 286 Euston Road, London NW1 3DP. The engagement of Customer Dispute Resolution Ltd is not of exclusive nature, and our users are free to choose another dispute resolution provider.
Access to SwiftServ Only a copy of the App subject to a valid license from SwiftServ can be used to access the Services, and to download updates and patches. If you transfer or sell your authorized device to another person, you have to close your session with SwiftServ and delete your copy of the App. You may not transfer or assign any of your rights under these Terms.
The App requires an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions.
In order for certain features of the App to operate properly, you may be required to have and maintain a: (i) valid and active account with a wireless mobile data service; (ii) modern, fast and adequate mobile device with the required specifications in order to run the App; and/or (iii) valid and active credit or debit card or payment processing platform account. If you do not have such items, then the App or certain features thereof may not operate, be available or cease to function properly, either in whole or in part, and therefore SwiftServ will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
You may not interfere with any access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and these Terms will terminate immediately, and henceforth SwiftServ will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
As used herein or within the App, ‘Open Source’ shall mean open source software provided within the App that is licensed or sub-licensed to you under the terms and conditions of the applicable license agreements or copyright notices included within such Open Source component.
These Terms does not apply to nor govern any Open Source accompanying the App and SwiftServ hereby disclaims any and all warranties, representations and liability to you or any third party related thereto.
Prohibited Activities As our user, you agree to not undertake, motivate, or facilitate the use or access of SwiftServ to: a. Infringe these Terms, or allow, encourage, or facilitate others to do so. b. Plagiarise and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, drugs, gambling related, hate speech, or otherwise objectionable, inappropriate, or unsafe. d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder. e. Undertake any action that may in any manner, either directly or indirectly, impair, overburden, damage, disable or otherwise compromise SwiftServ, App and Site, or its system(s). f. Intercept, remove, alter, conceal, bypass, modify, or otherwise tamper with any means adopted by SwiftServ for the purposes of protecting its rights or the integrity of the App or Site, including, the use of Open Source. g. Circumvent, disable or otherwise interfere with security related features or digital rights management functions of SwiftServ either directly or indirectly. h. Copy, rip or capture, or attempt to copy, rip or capture, any content from SwiftServ, its App or Site, or otherwise undertake any acts of reproduction without due authorization from SwiftServ. i. Develop, create, distribute or otherwise transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature, nor allow or encourage any other party to do so. j. Engage in any activity that could lead to an unacceptable risk or harm to SwiftServ or to any of its users. k. Violate these Terms, any applicable law, statute, ordinance or regulation, or encourage or enable others to do so.
Indemnification You hereby agree to indemnify, defend and hold harmless SwiftServ, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of SwiftServ, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. SwiftServ will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Links and Advertisements SwiftServ may contain links to third-party websites or services, or display advertisements for third parties (collectively, “Third Party Links and Advertisements”). Such Third Party Links and Advertisements are not under the control of SwiftServ, and SwiftServ is not responsible for any Third Party Links and Advertisements. SwiftServ provides access to these Third Party Links and Advertisements only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Advertisements. You use all Third Party Links and Advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links and Advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Disclaimers The App and the Site are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SwiftServ does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the App or Site, information obtained from the App or Site, or link to/from the App or Site.
The information and services may contain bugs, errors, problems, viruses or other limitations. SwiftServ and its affiliates have no liability whatsoever for your use of any information or service, except as provided in Section 15 below. In particular, but not as a limitation thereof, SwiftServ and its affiliates are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between SwiftServ and you. SwiftServ and its affiliates would not be able to provide the App or Site on an economic basis without such limitations.
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, SwiftServ and its affiliates shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. Nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Dispute Resolution For disputes arising under these Terms or relating to the Service(s), you agree to first contact us at support@swiftserv.com and attempt to resolve the dispute with us informally. If SwiftServ has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless you and SwiftServ agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the arbitrator grants you an award that is greater than the last settlement offer that SwiftServ made to you prior to the initiation of arbitration, SwiftServ will pay you the greater of the award or $1,000.00. Each party will keep the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Class Action Waiver You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Limitation of Actions You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service(s) or these Terms must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Monitoring and Enforcement
SwiftServ has the right, but not the obligation, to monitor any activity and 'user generated content' (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance with these Terms of Use, and to edit, refuse to post or remove any material or content submitted to or posted on our Site or any other of our Services that we find to be in violation of our Terms of Use, Privacy Policy or that is otherwise objectionable.
Termination
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services, and user generated content that would be interpreted or considered offensive or spam.
You must immediately respond to any notice you receive claiming that your user generated content violates a third party's rights, including notices under the Digital Millennium Copyright Act ('DMCA'), and take corrective action, which may include but not limited to promptly removing any such user generated content.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to SwiftServ and our Services, without refund or reimbursement on our part. SwiftServ may terminate or suspend your subscription and/or membership of our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.
Ownership
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on SwiftServ are the property of –or otherwise are licensed to– SwiftServ or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United Kingdom and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners, and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in SwiftServ or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United Kingdom and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in SwiftServ and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
You hereby acknowledge and agree that, in the event of any third party claim that the App infringes any third party's intellectual property rights, SwiftServ, and not Google Inc. or Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such infringement claim.
Licenses for SwiftServ
Limited License
We grant you a limited, non-exclusive, revocable and non-transferable license to utilize and access SwiftServ, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Site, the App and our Services, in whole or in part. SwiftServ does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site, the Services or the App, in whole or in part.
User Generated Content License
You hereby grant SwiftServ an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original
Severability
If any provision of these Terms is considered unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Taxes
You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
Product Claims
You acknowledge and agree that SwiftServ, and not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to:
(i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection.
Applicable Law, Waiver, Dispute Resolution
Waiver of Class Actions, Non-Individualized Relief
You acknowledge and accept that claims brought against SwiftServ shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and SwiftServ, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law
Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the United Kingdom, without regard to conflict of law principles.
Arbitration Procedure
In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to all escrow services and the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.
Any dispute arising out of or in connection with these Terms, contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrator(s) shall be one, the seat, or legal place, of arbitration shall be [---------------], United Kingdom, the language to be used in the arbitral proceedings shall be the English language. The governing law of the contract shall be the substantive law of the United Kingdom. The arbitrator's decision will follow the provisions of these Terms and will be final and binding.
The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney's fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party's reasonable attorney's fees, court costs, and disbursements.
Support Services
If you have any questions or complaints regarding the App, the Site or the Services, please contact us as indicated in our contact web page. We also offer live-chat services where you will be able to chat with one of our customer agents to express your queries. Of course, you can also email us. We will undertake our commercially reasonable efforts to respond as quickly as possible. You must provide us with full details of your service query so that we can clearly identify your issue of concern.
Contact
If you have any questions or queries about us, the Site, the App, our Services, or these Terms, please contact us as indicated on our contact page:
Welcome, these are the Terms and Conditions of Service (the “Terms”) for the mobile application known as SwiftServ (collectively referred to as the “App”) and the website located at www.swiftserv.me (the “Site”), including its sub-domains and its mobile optimized versions. The App and the Site are proudly provided by SwiftServ Ltd. (hereinafter, the Site, the App and SwiftServ Ltd. shall all be collectively referred to as “SwiftServ”). These Terms shall be supplemented by our Privacy Policy (the “Policy”), incorporated herein by reference.
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, SwiftServ and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site and App, whether registered under an account or not.
Acceptance If you continue to browse and use SwiftServ, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, shall govern SwiftServ’s relationship with you in relation to the Site and the App, along with any products and services offered thereby (collectively, the “Service(s)”).
In addition, you hereby acknowledge and agree that these Terms are concluded between you and SwiftServ only, and not with Google Inc. or Apple Inc. Henceforth, SwiftServ is solely responsible for the Site and the App and the content thereof. These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s terms and conditions of service.
Updates SwiftServ reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site, the App and the Services, at any time and without notice. Changes to these Terms will be displayed in the Site, and we may notify you through the App or by email. Please refer to the last effective date where changes were last undertaken by us, indicated at the end of this document. Your use of our Services after the effective date of any update –either by account registration or simple use– indicates your acceptance thereof.
Services of SwiftServ SwiftServ aims to make booking local services faster and simpler. Users who wish to purchase and consume certain services from professionals (hereinafter, the “Customer(s)”) can book pre-approved local services from professionals such as taxi drivers, caregivers, electricians, plumbers, pest control, cleaners, food delivery, grocery delivery and more (hereinafter, the “Professional(s)”).
Overall, SwiftServ provides a platform with the functionalities that include but are not limited to: booking taxis, requesting delivery and posting job offers for services required by Consumers, Professionals offering bids for their services, a directory of local Professionals, a platform where Consumers and Professionals can communicate amongst each other, negotiate the services, time, price, track their progress, and more.
Henceforth, the Site allows for booking of services at a location and time to be mutually agreed (a “Future Booking”), and the App allows for both Future Booking and immediate on-demand bookings, traceable in real time via the user’s mobile devices (an “On Demand Booking”). Users may also participate in polls, see each others’ location, send contact requests and share messages, documents, links, photographs, videos, audio and other content.
Service Disclaimer SwiftServ only provides an online platform where Professionals can make bids for their services to Consumers who have requested the type of service that such Professional can offer or provide. Henceforth, if the Customer decides to proceed with a bid, the Professional and the Customer shall be able to directly negotiate and contract each other regarding the provision of the particular services, and the Customer will be obliged to pay the Professional directly (not SwiftServ).
SwiftServ does not provide the actual professional services, and hereby disclaims any and all representation or warranty about the Customers, their likelihood to select, engage and pay for services, and for the actual performance, skill or availability or the Professionals.
Our payment system is only intended to transfer the funds from Consumers to Professionals, under certain rules and less our commission, thus the payment and obligations between our users will remain their sole and final responsibility. Lastly, we only provide non-binding mediation services for our users who select that option.
Account Registration, Verification and Safety In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.
You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account. You will be liable for any and all misuse of your account, including the fraudulent use by a third party, or even the disclosure of your password to a third party.
Your access to SwiftServ is only offered for your individual use, and not for the use or benefit of any third party you may represent.
Account Suspension, Termination SwiftServ encourages you to report violations of our Terms. Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension / termination, at our sole and final discretion, without notice and without responsibility.
We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account and/or any event, upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use the Services, or if you suspect a breach or unauthorized use of your account.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the App and use of our Services.
Service Eligibility SwiftServ does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use the App or the Site, even under the direct supervision of your parent or legal guardian. SwiftServ does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.
Professional Accounts For our users who wish to open an account to provide their professional services to consumers, we will request, but will not be obliged to, certain basic documentation in order to carry out minimum checks. Overall, we may request the following information in order to review each Professional user and his contribution to our ecosystem:
● Personal and professional information (e.g. name, physical address, telephone number, email address, utility bills, driving license, proof of address, proof of professional registration or license). ● Information about service required, postal code and geographical location where the service is offered. ● Billing information, such as credit or debit card number, expiration date & security code and/or information regarding user’s Stripe, Google Wallet or other digital payment accounts. ● Ratings and reviews of the service providers which customer may engage through the Site and App. ● Application information such as service provider’s experience, skills, eligibility to work, and availability. ● Social media accounts linking. ● Credit and consumer checks and reports. ● Other information requested by our service and payment processing providers, including the use of third party entities for ID, address and solvency check.
For users who wish to provide their professional services, we may also request proof of experience and skill. Each registration we be reviewed to ensure that it fits into one of our supported service categories. Some service categories will be incompatible with our offerings, and may be rejected by us. We reserve the right, but not the obligation, to open and close service categories when we deem fit.
Professional profiles should include information such as details of the services provided, images and videos, reviews, insurance information, and credentials. We offer certain functionalities targeted to professional users, such as badges, advertising campaigns, profile enhancement and increased visibility. These functionalities will be optional, and will be ruled according to their terms, price and conditions, to be indicated by us from time to time.
Customer Accounts For our users who wish to open an account to request professional services, we will request, but will not be obliged to, certain basic documentation in order to carry out minimum checks. Information requested will include, but will not be limited to: (i) personal and professional information (e.g. name, physical address, telephone number, email address, utility bills); (ii) billing information, such as credit or debit card number, expiration date & security code and/or information regarding user’s Stripe, Google Wallet or other digital payment accounts; and iii) social media accounts linking.
Booking Process Consumers will be able to post service and work requests on our Site and App (each, a “Job”), and will be able to indicate the type of service requested, timeframe, location, availability, materials used (if any), proposed fee (hourly work or fixed price), the Job’s location (the “Location”) and other items (collectively, each a “Request”). Such Requests will be available on our Site and App so Professionals may review them.
If a Professional wishes to bid for the job Request, they will be able to post a custom proposal which will include cost estimate, proposed fee, availability, materials used and a personal message for the Customer. Once their bid is sent to the Customer, we will also send the Professional's profile along with their bid (each, a “Proposal”).
Posts for Job Requests are free to make by Customers, and posts for Job Proposals are to be purchased as pre-paid credits by our Professionals.
Future Bookings. Through the Site and the App, Customers can place Requests for Future Bookings, Professionals can then make Proposals and Customers may ultimately book the Job to be provided at a future time and Location to be mutually agreed. Our users can communicate their needs directly via text chat or voice call.
SwiftServ will confirm each Job booking appointment and Customers may pay electronically via our systems. We may also offer the option where Customers may pay Professionals in cash after the services are completed. The terms and conditions for electronic and cash payments shall be detailed and indicated by SwiftServ from time to time.
On Demand Bookings. Through On Demand Bookings, Customers may create Requests for services they need within a short timeframe. After opening a Request for a Job, the App will match Customers with our pre-approved Professionals, based on the type of services requested for the Job, the Professional’s availability and Location’s proximity between them. Therefore, after a Customer selects and book a Job, their preferred Professional will travel to the Location.
The App has mechanisms to track Professionals in real time, from traveling to and arriving at the Location until the time of completion, after which Customer may pay them. These functionalities represent a convenience for our community, since all steps in the booking and service provision are duly registered and stored by SwiftServ.
Booking Terms. By providing a Proposal, Professionals are thereby representing and warranting to SwiftServ and the Customer that they are duly skilled, qualified and available to undertake out the relevant Job, and that the Proposal is a true, accurate and reasonable estimate of the timeframe and cost of the work to be undertaken, based on the initial information received from the Customer.
By posting a Request, Customers are representing and warranting to SwiftServ and the Professional that they are available to receive the Professional and that the Location is free and open to the Professional and his equipment.
Misrepresentation of booking terms by our users entails a breach of our Terms, and is grounds for a Job’s cancellation, account suspension and even deletion by SwiftServ.
In order to foster a fair ecosystem, SwiftServ will implement systems designed to measure whether a Professional is under or over biding. Furthermore, our systems may limit the number of Proposals which each Customer may receive (e.g. 5 for plumbing work and 10 for dentist). We will also indicate the maximum number of Proposals a Professional may do for each Job, and we may also limit the number of monthly Proposals each Professional may send overall. We do this at our discretion, in order to make the Site and App as effective possible for all users.
As a general rule, we do not review, moderate or select the Requests, Proposals and Jobs (although we reserve the right to do so and may edit and reject them at our discretion).
Once a Customer has received a Proposal, they may contact the Professional to discuss it further, or not. We shall not be responsible if a Customer chooses to ignore a Proposal. If a Customer do contacts the Professional, the Professional will be able to use the functionalities of SwiftServ in order to message and discuss the details of the Job with the Customer.
Booking Contract. Each Job contract for the provision of services will be solely between the Professional and the Customer. Furthermore, where a Professional and a Customer agree to mutually engage for the provision of a Job and to make the appertaining payment via SwiftServ, we shall not be considered a third party within the definition of the Contracts (Rights of Third Parties) Act 1999; and we will not incur into any obligation under the Job contract between the Professional and Customer, and cannot ultimately enforce any obligation(s) relating to it.
Booking Charges Customers and Professionals will decide the final cost for each Job. There will be no charge if: (i) a Customer cancels a Future Booking via the Site or App at least twenty four (24) hours prior to the date on which a Job is scheduled to be commenced; and/or (ii) a Customer cancels an On Demand Booking via the App, within ten (10) minutes of booking the Job. Henceforth, there will be a SwiftServ charge if: (i) a Customer cancels or reschedules a Future Booking within the twenty four (24) hours prior to the Job’s appointment time; (ii) when a Customer cancels an On Demand Booking after ten (10) minutes of booking the Job; and/or (iii) where a Customer has confirmed the Job appointment with a Professional, and the Professional has already begun working on the Job or is traveling to the Location (e.g. a Professional accepted a Job via On Demand Booking within ten (10) minutes after a Customer accepted the Proposal).
Unlike many other job platforms, if a Customer doesn't review a Proposal submitted by a Professional within four (4) days after being sent to a Job’s Request, SwiftServ will automatically refund the Professional’s credits used for the Proposal. We do this is in order to ensure that Professionals are communicating with Customers who are seriously considering hiring them for a Job. Professionals will also receive an automatic refund if the Customer cancels the Job Request prior to reviewing any Proposals. If a Professional arrives for a scheduled Job and is unable to contact or find the Customer or to gain access to the Location, the Professional will have a twenty (20) minute term to message and attempt to contact the Customer, after which the Job will be cancelled and the Customer will be charged, as applicable, either: (i) the minimum hourly charge for the Job; or (ii) the fixed Job price.
General Payment Terms Users must provide us valid and current billing information. Except as expressly set forth herein, all purchases are final and non-cancelable or non-refundable. If we detect any chargeback or if any payment is not received by us for any reason from a credit card or account, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
You hereby authorize us the charging of your credit card or payment processing account. In connection thereto, we will submit period charges without further authorization from you, and such authorization shall remain effective until the subscription is cancelled by you.
We use a Stripe, a worldwide accepted third-party payment processor to bill you through a payment account linked to your account on the App or Site. The processing of payments will be subject to the fees, terms, conditions and privacy policies of such payment processor. SwiftServ is not responsible for any and all errors, fees and currency conversions fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.
Mediation Services SwiftServ offers mediation services for situations that include, but will not be limited to: (i) Customers who are not satisfied with the Future Booking and On Demand Booking services provided by a Professional, therefor alleging that the performance and/or quality of a Job is not what such Customer may reasonably expect from the selected Professional; and/or (ii) Professionals who ascertain that they effectively performed an completed a Job but where a Customer refused to pay them via the cash option. The mediation services must be solicited within two (2) days from the completion date of the Job by either user. The Job must have either been executed and marked as completed (or purported to be completed) by the Customer and/or the Professional. Hereinafter, each mediation instance shall be called a “Dispute”.
SwiftServ will not take part in a Dispute other than as a mediator, and will make use of the means available via the Services in order to achieve an amicable resolution among the users. If the Dispute parties cannot reach resolution between themselves (having used all reasonable attempts to do so), the Dispute may be escalated to SwiftServ by either party, and we will undertake our commercial efforts to offer a non-binding recommendation for the settlement of the Dispute.
If SwiftServ has been unable to resolve a complaint made by a user within eight (8) weeks, the user will be free to address the complaint to Customer Dispute Resolution Ltd, in order to engage into alternative dispute resolution means. SwiftServ does not provide consultation or counsel regarding such alternative dispute resolution means. For more information, our users can visit the Customer Dispute Resolution website at www.cdrl.org.uk, and may also contact Customer Dispute Resolution Ltd (Company No. 09189773) 286 Euston Road, London NW1 3DP. The engagement of Customer Dispute Resolution Ltd is not of exclusive nature, and our users are free to choose another dispute resolution provider.
Access to SwiftServ Only a copy of the App subject to a valid license from SwiftServ can be used to access the Services, and to download updates and patches. If you transfer or sell your authorized device to another person, you have to close your session with SwiftServ and delete your copy of the App. You may not transfer or assign any of your rights under these Terms.
The App requires an Internet connection to access some or part of its features and functionalities, to authenticate the App, to sign-in or otherwise to perform other functions.
In order for certain features of the App to operate properly, you may be required to have and maintain a: (i) valid and active account with a wireless mobile data service; (ii) modern, fast and adequate mobile device with the required specifications in order to run the App; and/or (iii) valid and active credit or debit card or payment processing platform account. If you do not have such items, then the App or certain features thereof may not operate, be available or cease to function properly, either in whole or in part, and therefore SwiftServ will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
You may not interfere with any access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the App will not function properly and these Terms will terminate immediately, and henceforth SwiftServ will not be held liable for any claim, injury or damage arising out of or in connection therefrom.
As used herein or within the App, ‘Open Source’ shall mean open source software provided within the App that is licensed or sub-licensed to you under the terms and conditions of the applicable license agreements or copyright notices included within such Open Source component.
These Terms does not apply to nor govern any Open Source accompanying the App and SwiftServ hereby disclaims any and all warranties, representations and liability to you or any third party related thereto.
Prohibited Activities As our user, you agree to not undertake, motivate, or facilitate the use or access of SwiftServ to: a. Infringe these Terms, or allow, encourage, or facilitate others to do so. b. Plagiarise and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right. c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, drugs, gambling related, hate speech, or otherwise objectionable, inappropriate, or unsafe. d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder. e. Undertake any action that may in any manner, either directly or indirectly, impair, overburden, damage, disable or otherwise compromise SwiftServ, App and Site, or its system(s). f. Intercept, remove, alter, conceal, bypass, modify, or otherwise tamper with any means adopted by SwiftServ for the purposes of protecting its rights or the integrity of the App or Site, including, the use of Open Source. g. Circumvent, disable or otherwise interfere with security related features or digital rights management functions of SwiftServ either directly or indirectly. h. Copy, rip or capture, or attempt to copy, rip or capture, any content from SwiftServ, its App or Site, or otherwise undertake any acts of reproduction without due authorization from SwiftServ. i. Develop, create, distribute or otherwise transmit any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature, nor allow or encourage any other party to do so. j. Engage in any activity that could lead to an unacceptable risk or harm to SwiftServ or to any of its users. k. Violate these Terms, any applicable law, statute, ordinance or regulation, or encourage or enable others to do so.
Indemnification You hereby agree to indemnify, defend and hold harmless SwiftServ, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of SwiftServ, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. SwiftServ will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Party Links and Advertisements SwiftServ may contain links to third-party websites or services, or display advertisements for third parties (collectively, “Third Party Links and Advertisements”). Such Third Party Links and Advertisements are not under the control of SwiftServ, and SwiftServ is not responsible for any Third Party Links and Advertisements. SwiftServ provides access to these Third Party Links and Advertisements only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Links and Advertisements. You use all Third Party Links and Advertisements at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third Party Links and Advertisements, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Disclaimers The App and the Site are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SwiftServ does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the App or Site, information obtained from the App or Site, or link to/from the App or Site.
The information and services may contain bugs, errors, problems, viruses or other limitations. SwiftServ and its affiliates have no liability whatsoever for your use of any information or service, except as provided in Section 15 below. In particular, but not as a limitation thereof, SwiftServ and its affiliates are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
The negation of damages set forth above is a fundamental element of the basis of the bargain between SwiftServ and you. SwiftServ and its affiliates would not be able to provide the App or Site on an economic basis without such limitations.
To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, SwiftServ and its affiliates shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. Nothing in these Terms of Service shall affect any non-waivable statutory rights that apply to you. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Dispute Resolution For disputes arising under these Terms or relating to the Service(s), you agree to first contact us at support@swiftserv.com and attempt to resolve the dispute with us informally. If SwiftServ has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Unless you and SwiftServ agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the arbitrator grants you an award that is greater than the last settlement offer that SwiftServ made to you prior to the initiation of arbitration, SwiftServ will pay you the greater of the award or $1,000.00. Each party will keep the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Class Action Waiver You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Limitation of Actions You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service(s) or these Terms must be filed within one (1) year after such claim or cause of action arises or be forever barred.
Monitoring and Enforcement
SwiftServ has the right, but not the obligation, to monitor any activity and 'user generated content' (e.g. names, photos, posts, feedback, images, comments, graphics, questions and other content) to determine compliance with these Terms of Use, and to edit, refuse to post or remove any material or content submitted to or posted on our Site or any other of our Services that we find to be in violation of our Terms of Use, Privacy Policy or that is otherwise objectionable.
Termination
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Site and use of our Services.
We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services, and user generated content that would be interpreted or considered offensive or spam.
You must immediately respond to any notice you receive claiming that your user generated content violates a third party's rights, including notices under the Digital Millennium Copyright Act ('DMCA'), and take corrective action, which may include but not limited to promptly removing any such user generated content.
You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to SwiftServ and our Services, without refund or reimbursement on our part. SwiftServ may terminate or suspend your subscription and/or membership of our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.
Ownership
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on SwiftServ are the property of –or otherwise are licensed to– SwiftServ or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in the United Kingdom and other jurisdictions throughout the world. Respective title holders may or may not be affiliated with us or our affiliates, partners, and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in SwiftServ or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United Kingdom and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in SwiftServ and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
You hereby acknowledge and agree that, in the event of any third party claim that the App infringes any third party's intellectual property rights, SwiftServ, and not Google Inc. or Apple Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such infringement claim.
Licenses for SwiftServ
Limited License
We grant you a limited, non-exclusive, revocable and non-transferable license to utilize and access SwiftServ, under the terms, conditions and restrictions set forth in these Terms. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Site, the App and our Services, in whole or in part. SwiftServ does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit the Site, the Services or the App, in whole or in part.
User Generated Content License
You hereby grant SwiftServ an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original
Severability
If any provision of these Terms is considered unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Taxes
You are responsible for complying with all tax obligations associated with your account. It is important that you keep complete and accurate contact details in order for us to remit invoices, especially payment processing account details.
Product Claims
You acknowledge and agree that SwiftServ, and not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to:
(i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection.
Applicable Law, Waiver, Dispute Resolution
Waiver of Class Actions, Non-Individualized Relief
You acknowledge and accept that claims brought against SwiftServ shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and SwiftServ, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Applicable Law
Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the United Kingdom, without regard to conflict of law principles.
Arbitration Procedure
In the event of any dispute or difference between the parties in relation to or arising from these Terms, including but not limited to all escrow services and the formation, performance, interpretation, nullification, termination or invalidation thereof, the matter shall be referred to arbitration procedure.
Any dispute arising out of or in connection with these Terms, contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the London Court of International Arbitration (LCIA) Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrator(s) shall be one, the seat, or legal place, of arbitration shall be [---------------], United Kingdom, the language to be used in the arbitral proceedings shall be the English language. The governing law of the contract shall be the substantive law of the United Kingdom. The arbitrator's decision will follow the provisions of these Terms and will be final and binding.
The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120 days) following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney's fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party's reasonable attorney's fees, court costs, and disbursements.
Support Services
If you have any questions or complaints regarding the App, the Site or the Services, please contact us as indicated in our contact web page. We also offer live-chat services where you will be able to chat with one of our customer agents to express your queries. Of course, you can also email us. We will undertake our commercially reasonable efforts to respond as quickly as possible. You must provide us with full details of your service query so that we can clearly identify your issue of concern.
Contact
If you have any questions or queries about us, the Site, the App, our Services, or these Terms, please contact us as indicated on our contact page: