Terms & Conditions
Last update: January 16, 2021
This Terms of Service (this “Agreement”, “Terms”) is between Swift Home Sales (“we”, “us”, “System”, “Platform”) and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service"). Listed below are the terms and conditions of accessing our courses. They are necessary in order to maintain good practice and protect us and yourselves.
1.Creating an account
To enter the System you need to provide a name, email, and password and to agree to the terms and conditions listed below and Privacy Policy. It is your responsibility and yours only to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities from your account, the maintenance and confidentiality of the credentials to access that account.
You must immediately notify us if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of your Account.
2. Your Obligations
2.1. You certify and warrant that you are at least 16 years of age. People under the age of 16 are not permitted to use our services.
2.2. To keep your Swift Home Sales account login information safe
2.3. To provide us with up to date, accurate and valid personal information at all times.
3. Third Party Services
Our Services are integrated with various third party services (“Third Party Services”) for specific purposes that you may interact while using . Swift Home Sales' example for such services is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).
4. User Content
The sites created using Swift Home Sales may contain user content that is in violation of the permitted usage of the platform (“3.Your Obligations”). We do not endorse or support such content. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via the Services by you or other users. You're responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.
5. Service Cancellation
Failure to comply with any of Swift Home Sales’ terms or pay due fees you entitle Swift Home Sales to cancel or suspend your account.
6. Termination
We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice.
You can terminate your services at any time without a cause according to the cancellation procedures.
If the Agreement terms are valuated it may result in penalties or immediate termination of services without payment refund in any way.
Upon termination Swift Home Sales has the right to delete all files, data or information associated with the terminated account.
7. WARRANTY AND DISCLAIMER
Swift Home Sales shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Swift Home Sales or by third-party providers, or because of other causes beyond Swift Home Sales’ reasonable control, but Swift Home Sales shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, Swift Home Sales DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND Swift Home Sales DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
8. INDEMNITY
To the fullest extent permitted by law, you agree to indemnify and hold harmless Swift Home Sales and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your e-commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which Swift Home Sales may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or to the extent that the consequences were not reasonably foreseeable.
9. LIMITATION OF LIABILITY
You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Swift Home Sales and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Swift Home Sales' services to you, and such limitations will apply even if Swift Home Sales has been advised of the possibility of such liabilities.
10. Modifications
Modifications of the Service. Swift Home Sales may make modifications and changes on the existing services or components and will use reasonable efforts to notify all of it’s Customers about those changes. The changes are effective upon the date of the change. Swift Home Sales shall not be liable for modifications and actions of third party services.
Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.
11. MISCELLANEOUS
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with Swift Home Sales’ prior written consent. Swift Home Sales may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind Swift Home Sales in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Any questions regarding our Terms & Conditions, contact us using the information below.
Swift Home Sales
Brisbane, Australia
hello@swifthomesales.com.au