Terms and Conditions
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: ”Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
1) Account access and use of Website
1.1 If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and SwiftlySocial may change or remove any description that it considers inappropriate or unlawful, or otherwise likely to cause SwiftlySocial liability. You must immediately notify SwiftlySocial of any unauthorised uses of your outline, your account or any other breaches of security. SwiftlySocial will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
1.2 SwiftlySocial may from time to time set storage limits for your results, or take any other measures SwiftlySocial considers appropriate to manage the Website. SwiftlySocial will advise you of any such change, and may do so in any reasonable manner, such as posting a change on the screen you see when you log in to your SwiftlySocial.com account. If you exceed the storage limits, SwiftlySocial may require you to reduce the storage you are using or pay an appropriate fee.
1.3 Subject to the terms and conditions of these Terms, You agree to access and use the Service only for Your internal business purposes as contemplated by these Terms. In order to use the Service, you are required to register for our service for which you will pay a subscription fee for use of the Service following the expiration or termination of any Free Trial accounts. The subscription fee, following the expiration or termination of any Free Trial accounts, must be prepaid in order to use the Software.To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Service, or not otherwise prohibited from having a SwiftlySocial.com account, (3) are not a competitor of SwiftlySocial or are not using the Service for reasons that are in competition with SwiftlySocial; (4) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (5) will not violate any rights of SwiftlySocial, including intellectual property rights such as copyright or trademark rights; and (6) agree to provide at Your cost all equipment, software, and internet access necessary to use the Service.
2) Trial Account
2.1 Subject to Your compliance with the terms and conditions of this Agreement, SwiftlySocial grants You a personal, nonexclusive, non-sublicensable, non-transferable, revocable and limited license to use the Trial Account to test certain SwiftlySocial services provided at the time of the trial period. Any additional usage rights made available to You shall be subject to the terms of this Agreement.
2.1 You agree that: (i) SwiftlySocial has no obligation to maintain trial data on its servers and will delete from its systems all Trial Account data on regular intervals without notice; (ii) only simulated, trial data may be submitted or uploaded on or through the Trial Account, i.e., real credit card numbers, names, address, etc. may not be used for trialing purposes; (iii) load trialing the Trial Account or SwiftlySocial Services is not permitted; (iv) You shall not submit or upload genuine customer or merchant data through the Trial Account; and (v) SwiftlySocial will not monitor or validate any information submitted or uploaded by You on or through the Trial Account.
3) Responsibility of Users
3.1 If you operate an account, contribute to an account, post material to the Website, post links on the Website, or otherwise make material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by SwiftlySocial or otherwise.
3.2 If you delete Content, SwiftlySocial will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
3.3 Without limiting any of those representations or warranties, SwiftlySocial has the right (though not the obligation) to, in SwiftlySocial’s sole discretion (i) refuse or remove any content that, in SwiftlySocial’s reasonable opinion, violates any SwiftlySocial policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SwiftlySocial’s sole discretion. SwiftlySocial will have no obligation to provide any refund of any amounts previously paid.
4) Use of this Service
4.1 You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these Terms; (b) use the Service to process data on behalf of any third party, (c) modify, adapt or hack the Service to falsely imply any sponsorship or association with SwiftlySocial, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (d) use the Service in any unlawful manner, including but not limited to violation of any persons privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (e) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service; (g) use the Service to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any paid features of the Site; (i) unless otherwise explicitly agreed to in writing by SwiftlySocial, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site or the Service; (k) deep-link to the Site for any purpose (other than SwiftlySocial’s home page), unless expressly authorized in writing by SwiftlySocial; or (l) try to use, or use the Service in violation of these Terms.
4.2 You are responsible for all information, data, text, messages or other materials that You post or is otherwise transmitted via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You may create separate logins for as many people as Your plan allows. You agree that You will not sell, trade or otherwise transfer Your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by SwiftlySocial, charge anyone for access to any portion of the Site, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
5) Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which SwiftlySocial.com links, and that link to SwiftlySocial.com. SwiftlySocial does not have any control over those non-SwiftlySocial websites and webpages, and is not responsible for their contents or their use. By linking to a non-SwiftlySocial website or webpage, SwiftlySocial does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SwiftlySocial disclaims any responsibility for any harm resulting from your use of websites and webpages not related to SwiftlySocial.com.
6) Billing, plan modifications and payments
6.1 Unless otherwise agreed to in writing by SwiftlySocial, the Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally monthly or annually). If You do not provide Your credit card or other payment information to SwiftlySocial before the expiration of any applicable free trial period, Your account will be suspended until payment information and charge authorization are provided. You will be promptly billed and, if applicable, any trial period will terminate. Thereafter, Your subscription will renew automatically based on Your plan’s renewal cycle. The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal).
6.2 If You choose to upgrade Your plan or number of users during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, You will be charged the adjusted rate on Your next billing cycle. If your payments for the Service are made by credit card, your credit card will be billed the prorated charge at the time your account is modified. Except as provided in Section 11, regardless of Your billing cycle, there are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if You close Your account before the end of Your subscription period. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and SwiftlySocial does not accept any liability for such loss.
6.3 By becoming a subscriber of the Service and submitting your credit card information to SwiftlySocial, you authorize SwiftlySocial to store your payment card information and to charge the billing source you have provided for your account according to the subscription plan you selected until your account is terminated.
6.4 If You fail to pay your subscription fee on time, or if Your credit card payment information is entered in error or does not go through for processing and You do not update payment information upon Our request, your entire subscription may be suspended or cancelled. Even after your subscription is suspended or cancelled, You will still have access to the Site, and you will be able to access your account information to restore your access to the Service by providing a proper billing source. After your subscription is terminated, we will keep your current account settings on file for 90 days. After that time, SwiftlySocial reserves the right to remove such settings from our servers with NO liability or notice to you.
6.6 Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against SwiftlySocial based on its income. We will invoice You for such Taxes if we believe we have a legal obligation to do so.
7) Copyright Infringement
As SwiftlySocial requires others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by SwiftlySocial.com violates your copyright, you are encouraged to notify SwiftlySocial. SwiftlySocial will, as it is able, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of SwiftlySocial or others, SwiftlySocial may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, SwiftlySocial will have no obligation to provide a refund of any amounts previously paid to SwiftlySocial to any person in respect of any such termination.
SwiftlySocial, SwiftlySocial.com, the SwiftlySocial logo, and all other trademarks, service marks, graphics and logos used in connection with SwiftlySocial.com, or the Website are trademarks or registered trademarks of SwiftlySocial or SwiftlySocial’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SwiftlySocial or third-party trademarks.
The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of SwiftlySocial and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
10) Limitation of warranties of SwiftlySocial, its suppliers and its licensors
10.1 Except as otherwise expressly stated, all content posted to or available from the Website is provided “as is”, and SwiftlySocial, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that SwiftlySocial, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services.
10.2 Except as otherwise expressly stated, in no event will SwiftlySocial, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if SwiftlySocial, its suppliers or its licensors were expressly advised of the possibility of such damages. In the event fees are paid for the use of the SwiftlySocial site pursuant to paragraph 3, in no event will the aggregate liability for any and all of your claims against SwiftlySocial, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to SwiftlySocial during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you.
11) User General Representation and Warranty
You agree to defend, indemnify and hold harmless SwiftlySocial, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website and Service, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
13) cancellation and termination
13.1 You may cancel your account with SwiftlySocial at any time; however, unless SwiftlySocial is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from You of an actual breach, identifying specifically the nature of the breach, You are not entitled to any refunds. We may suspend or cancel Your account without notice or refund to You if you violate this Agreement. If your account is cancelled, SwiftlySocial reserves the right to remove Your account information along with any account settings from our servers with NO liability or notice to You. Once Your account information and account settings are removed, You will not be able to recover this data and You will lose access to all of Your content (except that content stored/published to third-party websites, that data will remain on said third-party websites pursuant to those website’s terms and conditions). If You cancel the Service before the end of Your current paid-up subscription period, Your cancellation will take effect immediately and You will not be charged again.
13.2 SwiftlySocial reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any/all current and future use of the Service, suspend or terminate your account or any part thereof (or Your use of the Service), and remove and discard any of Your content within the Service if We believe that You have violated these Terms. SwiftlySocial will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of Your use of Service, and may be referred to law enforcement authorities. SwiftlySocial shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
These Terms and Conditions constitute the entire agreement between SwiftlySocial and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised executive of SwiftlySocial, or by the posting by SwiftlySocial of a revised version on the SwiftlySocial Website. Except to the extent of applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the United Kingdom. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may only assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, the terms hereof in writing. SwiftlySocial may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated: 21/04/2017