Terms and Conditions
The following Terms and Conditions of use (“Terms”), together with all other policies and documents referenced herein, constitute a binding legal agreement between Swyftee Limited (company number 09825305) (also referred to as "we"), whose registered address is Devonshire House, Goswell Road, London, United Kingdom, EC1M 7AD and you, governing your access to and use of our websites, emails and mobile applications, including any supplements thereto or updates thereof.
In this document we refer to users of Swyftee who are seeking to obtain any services or need any Work done (including both individuals and businesses) as "HelpSeekers" and those users who are willing to perform such Work as "WorkSeekers". Elsewhere on Swyftee you may find pieces of Work or WorkSeekers being referred to as "Swyftees" or “a Swyftee”.
These Terms apply to both unregistered users and to users registering accounts through Swyftee (regardless of whether they register as HelpSeekers or WorkSeekers).
- HelpSeekers and WorkSeekers enter into a direct contract with each other in relation to the Work to be performed. Users accept that WorkSeekers are not employees of the Swyftee Group and that HelpSeekers will be engaging WorkSeekers as independent private contractors.
- Swyftee Group and its affiliates are not a party to any contract for services that HelpSeekers may enter into with WorkSeekers and shall have no liability or responsibility for the quality of a WorkSeeker's work. In particular, we accept no liability for failure by a WorkSeeker to perform any Work which they have contracted with the HelpSeeker to carry out.
- HelpSeekers will be exclusively responsible for any payments due to WorkSeekers in respect of their performance of any Work and HelpSeekers will remit such payments directly to WorkSeekers upon completion of the relevant Work.
- If there is any dispute between a HelpSeeker and a WorkSeeker (for example in relation to the quality of the WorkSeeker's work) or if a WorkSeeker causes any loss or damage to any HelpSeeker, HelpSeekers and WorkSeekers acknowledge and agree that the Swyftee Group shall not be a party to, have any liability for or provide any assistance in relation to any dispute which may arise between you and any other user for any reason. Users agree to release the Swyftee Group from all liability for claims, liabilities and losses arising from any contract between them and any other user.
- Whilst we may occasionally perform background checking in respect of WorkSeekers in certain circumstances, no warranty or undertaking is given that we will perform such checks. As such, HelpSeekers agree that WorkSeekers will have sole responsibility for any information which they may provide or upload to the Swyftee App and that, in the event that any such information is false or misleading, your sole remedy shall be against the relevant WorkSeeker.
- Whilst we may occasionally perform background checking in respect of HelpSeekers in certain circumstances, no warranty or undertaking is given that we will perform such checks. As such, WorkSeekers agree that HelpSeekers will have sole responsibility for any information which they may provide or upload to the Swyftee App and that, in the event that any such information is false or misleading, your sole remedy shall be against the relevant HelpSeeker
1. Some important words, definitions and interpretation
"Content" means any work of authorship or information, including HelpSeeker and WorkSeeker profile information, Work Posts and Work Ads, HelpSeeker or WorkSeeker communications, reviews, ratings, photos, advertisements, comments, opinions, postings, CVs, messages, text, files, images, e-mails, data or other materials you find on Swyftee;
"Intellectual Property Rights" means any patents (including supplementary protection certificates), trademarks, service marks, domain names, registered designs, utility models, design rights, moral rights, topography rights, rights in databases, copyrights, inventions, trade secrets and other confidential information, the sui generis rights of extraction relating to databases, know how, business or trade names, get up, and all other intellectual property and neighbouring rights and rights of a similar or corresponding character in any part of the world (whether or not registered or capable of registration) and all applications and rights to apply for or for the protection of any of the foregoing;
"Swyftee" means the Swyftee websites, emails and the Swyftee App, including any supplements thereto or updates thereof;
"Swyftee App" means the mobile application branded 'Swyftee', including any supplements thereto or updates thereof;
"Swyftee Group" means: (i) Swyftee Limited and its affiliates and subsidiaries and their respective officers, directors, board members, board advisors, employees, partners, agents successors and assigns; and (ii) any of the persons or entities mentioned in (i) individually;
“WorkSeeker” means an individual that has registered on Swyftee as willing to perform Work for a HelpSeeker (irrespective of whether they are actively seeking Work);
“HelpSeeker” means a business or individual that has registered on Swyftee as looking to engage WorkSeekers to perform Work (irrespective of whether they are actively looking for WorkSeekers);
"Work" means a piece of work or work assignment posted by a HelpSeeker on Swyftee;
"Work Acceptance" refers to the point at which a HelpSeeker engages a WorkSeeker to perform Work (and enters into a binding agreement with the WorkSeeker in respect of the same) pursuant to the processes set out in clauses 7 and 8;
"Work Post" means a post by a HelpSeeker on the Swyftee App setting out the details of a piece of Work in accordance with clause 7;
"we" means Swyftee Group;
"you" means the user and any company or legal entity on whose behalf the user is accessing Swyftee.
2. Eligibility to Use Swyftee and Compliance with these Terms
To access or use Swyftee, (1) you must be 18 years of age or older; (2) you must have the power and authority to enter into these Terms; and (3) you must have a device which is compatible with the Swyftee App. You may not use Swyftee if we have terminated your account or banned you.
By accessing and using Swyftee, you agree to comply with the Terms. You may not use Swyftee if you do not agree to the version of the Terms posted on Swyftee at the time you access Swyftee.
From time to time, updates to the Swyftee App may be issued through an Appstore (any site or platform through which the Swyftee App is made available to users). Depending on the nature of the update, you may not be able to use the Swyftee App until you have downloaded the latest version of the Swyftee App and accepted any changes to the Terms.
You will be deemed to have obtained permission from the owners of any mobile telephone or handheld devices that are controlled, but not owned, by you and which you may use to access or use Swyftee. You and they may be charged by your and their service providers for internet access on such devices. You accept responsibility for the use of Swyftee on any such device, whether or not it is owned by you.
By using Swyftee, you acknowledge and agree that internet transmissions are never completely private or secure, and that any message or information you send using Swyftee may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. Licence of Swyftee App
In consideration for your agreement to abide by these Terms, we grant you a non-transferable, non-exclusive licence to use the Swyftee App on your devices subject to these Terms. We reserve all other rights.
4. Your Swyftee Account
In order for you to create a Swyftee account, we require that you provide a valid email address, phone number and set up a password. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Other registration requirements may also apply. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account. All Swyftee accounts are subject to cancellation or suspension by Swyftee at any time.
You may be able to register an account and subsequently access Swyftee through a social networking site, such as Facebook or Google+ ("Social Networking Site"). If you access Swyftee through a Social Networking Site you agree that we may access, make available through Swyftee, and store (if applicable) any information, data, text, messages, tags, and/or other materials that you have provided to and stored and made accessible in your Social Networking Site account so that it is available on and through Swyftee via your account and your profile page. Subject to the privacy settings that you have set with the Social Networking Site account you use to access Swyftee, personally identifiable information that you post to that Social Networking Site may be displayed on Swyftee. You acknowledge and agree that your relationship with your Social Networking Sites is governed solely by your agreements with those Social Networking Sites and we disclaim any liability for personally identifiable information that may be provided to us by a Social Networking Site in violation of the privacy settings that you have set with that Social Networking Site account.
5. Using Swyftee
You represent and warrant that you will use Swyftee solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties.
You agree that you will not:
a) impersonate another person, or use his or her email address;
b) create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts;
c) post Content that you do not own or in respect of which you do not have the right to post;
d) violate these Terms, the terms of any other agreements between you and us, the explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation;
e) post Content that is defamatory, libellous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
f) act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by Swyftee);
g) promote, endorse or further illegal activities;
h) disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party;
i) violate the privacy, publicity, copyright, patent, trademark, trade secret, or other Intellectual Property Rights or proprietary rights of any third-party;
j) post anything pornographic or sexually explicit in nature, promote any services of a sexual nature, or engage in the exploitation of persons in a sexual or violent manner;
k) solicit personally identifying information from minors;
l) except as expressly approved by us, use Swyftee for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
m) imply a Swyftee endorsement or partnership of any kind without our express written permission;
n) introduce software or automated agents to Swyftee, or access Swyftee so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Swyftee without our express written permission;
o) “frame” or “mirror” or otherwise incorporate part of Swyftee into any website, or “deep-link” to any portion of Swyftee without our express written permission;
p) copy, modify or create derivative works of Swyftee (including Swyftee Content) without our express written permission;
q) copy or use the information, content, or data on Swyftee in connection with a competitive service (as determined by Swyftee);
r) sell, resell, rent, lease, loan, trade or otherwise monetise access to Swyftee or any Swyftee Content without our express written permission;
s) interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Swyftee;
t)interfere with, disrupt, or create an undue burden on Swyftee or the networks or services connected to Swyftee;
u) introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to Swyftee;
v) attempt to circumvent any security feature of Swyftee; or
w) expose us or our users to any harm or liability.
Swyftee may contain links to third-party websites placed by us as a service to those interested in this information, or posted by other users. Your use of all such links to third-party websites is at your own risk. We do not monitor or have any control over, and make no claim or representation regarding third-party websites. To the extent such links are provided by us, they are provided only as a convenience, and a link to a third-party website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such third-party website. When you leave Swyftee, our terms and policies do not govern your use of third-party websites.
6. User reviews/ratings
You may not offer incentives in exchange for reviews or ratings. You may not trade reviews or ratings with other users. We will remove any review or rating where we have evidence that a user has been compensated to leave such review or rating.
You may not coerce other users to leave reviews or ratings. Coercion includes a HelpSeeker asking a WorkSeeker to provide proof that they wrote a review or rated the HelpSeeker whether or not that proof includes the content of the review or rating itself.
7. Special Provisions Applicable To HelpSeekers
When you post a piece of Work on the Swyftee App you will be asked to input information about the type, nature, location and payment for that Work. Once you provide this, and any other information requested, the Swyftee App will automatically contact WorkSeekers that may be able to accept and perform that Work.
You may not post any Work Post that:
a) does not comply with the applicable laws or regulations of the county or state and country where the Work is to be performed, including laws relating to labour and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use and intellectual property;
b) contains false information or solicits WorkSeekers by intentional misrepresentation, such as, misrepresentation of the nature and terms of the Work, the hiring entity, or the identity of the poster;
c) requires an application fee or up-front or periodic payments; requires recruitment of others; resembles a multi-level marketing scheme, franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement; or only pays commissions (except where the listing makes clear that the available Work pays commission only and clearly describes the product or service that the WorkSeeker would be selling);
d) involves any screening requirement where such screening requirement is not an actual and legal requirement of the advertised Work;
e) contains any logo or brands, or link to website, other than your own or those of any entity for which you are authorised to submit Work Posts;
f) contains multiple Works in a single Work Post (unless you have purchased a service that permits this);
g) and/or discriminates against applicants on the basis of gender, race, religion, sexual orientation, age, disability, or any other ground(s) prohibited by applicable law, in each case as determined in Swyftee's reasonable discretion.
If one or more WorkSeekers applies to be considered for engagement by you in respect of the performance of a piece of Work, you will be provided with a shortlist of potential WorkSeekers to select from via the Swyftee App. By selecting one or more of the shortlisted WorkSeekers you will be entering into a binding agreement with them, whereby they are undertaking to perform and you are undertaking to compensate them for performing, the relevant Work.
Posting Fee for HelpSeekers. Upon posting a piece of Work you agree to pay, and we will automatically charge you (using the payment information provided by you), a posting fee (the "Work Posting Fee") which is currently £7.99. From time to time we may offer reductions to the Work Posting Fee as part of a promotion – these reductions may be subject to additional terms and conditions.
When a WorkSeeker clicks the 'Apply' button to submit an application for Work that you have posted on the Swyftee App, we send their application to the contact information we have on file for you. Since HelpSeeker contact information and systems are not controlled by us, we cannot guarantee that any WorkSeeker application will be properly received and logged by you upon transmission.
By accepting (within the Prescribed Time Limit for Acceptances as defined below) a WorkSeeker's application to perform a piece of Work, you will be entering into a binding legal agreement with such WorkSeeker, whereby they are undertaking to perform and you are undertaking to compensate them for performing the relevant Work.
8. Special Provisions Applicable to WorkSeekers
From time to time you may be offered the opportunity to accept Work posted by HelpSeekers through the Swyftee App. Where this occurs it means that a HelpSeeker has posted Work in your local area of a type or types in respect of which you have registered an interest. Using the Swyftee App's functionality, you may apply to be considered for engagement by a HelpSeeker in respect of performance of such Work. The following steps apply:
(i) By applying to be considered for engagement by a HelpSeeker in respect of particular Work pursuant to the above, you are making an offer to enter into a binding contract to perform that Work on the relevant date and time for the payment offered.
(ii) When you click the 'Apply' button to submit an application for Work on the Swyftee App, we send your application to the contact information we have on file for the relevant HelpSeeker. Since HelpSeeker contact information and systems are not controlled by us, we cannot guarantee that your application will be properly received and logged by the HelpSeeker upon transmission. Until acceptance, rejection or expiry of the Prescribed Time Limit for Acceptances (as defined below), this application for Work is deemed a pending application (“Pending Application”).
(iii) If, after considering all applications received from WorkSeekers, the relevant HelpSeeker accepts (within the Prescribed Time Limit for Acceptances as defined below) your offer to enter into a contract with them for performance of a piece of Work, then you will be notified and will have entered into a binding legal agreement with such HelpSeeker, whereby you are undertaking to perform and they are undertaking to compensate you for performing the relevant Work.
(iv) After clicking the 'Apply' button to submit a specific application for Work, you may not simultaneously apply for additional Work which overlaps in terms of time and date in full or in part with a Pending Application, either for a period of 180 seconds (the “Prescribed Time Limit for Acceptances”) or until the relevant HelpSeeker that has posted the Work has rejected your application, whichever comes first.
(v) The provisions of the above clause (iv) do not prevent you from submitting applications for other Work which does not overlap in terms of time and date in full or in part with a Pending Application
You may be liable to pay tax on any payments that you receive for the performance of Work. This is your personal responsibility and you agree that the Swyftee Group shall have no responsibility or liability to you in respect of such tax. We reserve the right to disclose details of any and all Work performed by you, and of any fees in respect of such Work which we believe may have been paid to you, to the relevant tax collection authorities on their request.
9. Special Provisions Applicable to Advertisers
This provision applies to all advertisers, including HelpSeekers who purchase display ads. Unless we agree otherwise, you may not use or otherwise process data collected or derived from ads ("Ad Data") for any purpose (including retargeting, building or augmenting user profiles, allowing piggybacking or redirecting with tags, or combining with data across multiple advertisers' campaigns) other than to assess the performance and effectiveness of your campaigns on an aggregate and anonymous basis. You may not, and you may not permit a third-party to, transfer or sell any Ad Data to, or use Ad Data in connection with, any ad network, ad exchange, data broker, or other party not acting on behalf of you and your campaigns. You may use information provided directly to you from users if you provide clear notice to and obtain consent from those users and comply with all applicable laws and industry guidelines, including those applicable to data protection.
Content from other users, advertisers, and other third parties is made available to you through Swyftee. Because we do not control such Content, you understand and agree that: (1) we are not responsible for, and do not endorse, any such Content, including advertising and information about third-party products and services, HelpSeekers or WorkSeekers, or information contained in Work Posts and Ad Data; (2) we make no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content; and (3) we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties.
We generally cannot be held liable for claims arising from the Content provided by third parties on Swyftee.
While Swyftee has no obligation to do so, Swyftee reserves the right to review and delete (or modify) any Content that we believe, in our sole discretion, violates these Terms or other applicable policies posted on Swyftee (including our Community Guidelines), or that we deem, in our sole discretion, inappropriate. If you see any Content on Swyftee that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us directly. Once notified, we will review the Content and consider whether to remove or modify it. Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any other agreement we have with you.
11. Your Content
You are solely responsible for any and all Content that is posted through your account on Swyftee ("Your Content"). You agree that by submitting Your Content to Swyftee, you have reviewed and understood our Community Guidelines. You understand that you may expose yourself to liability if Your Content or other use of Swyftee violates applicable law or any third-party right.
We do not claim ownership in any Content that you submit to Swyftee, but to be able to legally provide Swyftee to our users, we have to have certain rights to use such Content in connection with Swyftee, as set forth below.
By submitting any Content to Swyftee, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free licence (with the right to sublicense through unlimited levels of sub-licences) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Swyftee's exercise of the foregoing licence. No compensation will be paid with respect to the Content that you post through Swyftee. You should only submit Content to Swyftee that you are comfortable sharing with others under the terms and conditions of these Terms.
You warrant that you have all necessary rights to upload and use any material which you may enter into or upload to Swyftee (or the servers which underpin its use) and to grant us all necessary rights to use the same for such purposes as we may see fit in accordance with these Terms. You further warrant and undertake to indemnify and hold the Swyftee Group harmless from any breach by you of this clause.
12. Swyftee content
Swyftee contains Content provided by us and our licensors. We and our licensors (including other users) own and retain all proprietary rights (including all Intellectual Property Rights) in the Content we each provide. If you are a user, we hereby grant you a limited, revocable, non-sublicensable licence under the Intellectual Property Rights licensable by us to download, view, copy and print Content from Swyftee solely for your personal use in connection with your use of Swyftee. Except as provided in the foregoing, you agree not to: (1) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on Swyftee or the Content (excluding Your Content); or (2) rent, lease, loan, or sell access to Swyftee. Swyftee ® is a pending registered trademark of Swyftee Limited. The trademarks, logos and service marks ("Marks") displayed on Swyftee are our property or the property of third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party that owns the Mark.
13. Referrals and Promotional Codes
We may, in our sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts against Work Posting Fees, or for other features or benefits provided through the Swyftee App, subject to any additional terms that we may (in our sole discretion) establish in respect of such Promo Codes. You acknowledge and agree that Promo Codes:
a) must be used for the intended audience and purpose, and in a lawful manner;
b) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us;
c) may be disabled by us at any time for any reason without liability to us;
d) may only be used pursuant to the specific terms that we may (in our sole discretion) establish for such Promo Code;
e) are not valid for cash; and
f) may expire prior to your use.
We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that we determine or believe that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal or otherwise in violation of these Terms.
14. Enforcement by Swyftee
While we have no obligation to do so, we reserve the right to investigate and take appropriate action in our sole discretion against you if you violate these Terms, including without limitation: removing Content from Swyftee (or modifying it); suspending your rights to use Swyftee; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.
15. Intellectual Property
You acknowledge that all Intellectual Property Rights in Swyftee (excluding any user-generated Content) belong to us or our licensors, that rights in the Swyftee App are licensed (not sold) to you, and that you have no rights in, or to, Swyftee other than the right to use Swyftee in accordance with these Terms.
You acknowledge that you have no right to have access to the Swyftee App in source-code form.
By using Swyftee you consent to us (and our affiliates and licensees) collecting, transmitting, retaining, maintaining, processing and using data related to your use of Swyftee (including technical information about your devices and related software, hardware and peripherals) so as to enable and improve our products and provide any services to you.
You agree to defend, indemnify, and hold the Swyftee Group harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or otherwise arising from:
a) your use of Swyftee, including due to or arising from your breach of any provision of these Terms;
b) any Content which you may upload to Swyftee or any interaction you may have with any other user of Swyftee;
c) any tax implication for which the Swyftee Group may become liable as a result of your use of Swyftee; and
d) any classification of you as an employee of the Swyftee Group (or similar) by any tax authority or employment tribunal.
18. Disclaimers and Limitation on Liability
Nothing in these terms shall exclude or limit any liability which any party may have to an individual (or to the estate of a deceased individual) for the death of, or personal injury sustained by, such individual to the extent such death or personal injury was caused by that party's negligence, or the negligence of that party's officers, employees or agents.
Any exclusions or limitations of liability contained in these Terms shall not apply in respect of fraud or fraudulent misrepresentation.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
We are not responsible for and accept no liability in respect of:
a) any loss or damage resulting from use of Swyftee or from any Content posted on Swyftee or transmitted to users;
b) any interactions between users (including advertisers) of Swyftee, whether online or offline; you hereby release the Swyftee Group from any and all claims, demands, losses, damages, rights and actions of any kind that are either directly or indirectly related to or arise from any interactions with other users of Swyftee;
c) the activities, omissions, or other conduct, whether online or offline, of any user (including advertisers) of Swyftee;
d) any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on Swyftee, whether caused by users or by any of the equipment or programming associated with or utilised in Swyftee;
e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorised access to, or alteration of, any communication with advertisers or other users; or
f) any problems or technical malfunction of any hardware or software due to technical problems on the Internet or on Swyftee or any combination thereof, including any injury or damage to users or to any person's computer related to or resulting from use of, or download of materials in connection with, Swyftee.
Swyftee is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) Swyftee will meet your requirements; (2) Swyftee will be available on an uninterrupted, timely, secure, or error-free basis; or (3) any search results that may be obtained through the use of Swyftee will be accurate or reliable.
In no event shall the Swyftee Group be liable to you or any third party for:
a) loss of profit;
b) loss of revenue, loss of goodwill, loss of opportunity, or loss of business;
c) increased costs or expenses;
d) wasted expenditure including pre-contract expenditure;
e) loss of data; or
f) indirect, special, consequential, exemplary, incidental, or punitive loss of any type.
For the avoidance of doubt, the loss referred to in sub-clauses (a) to (e) above includes both direct and indirect loss.
Notwithstanding anything to the contrary contained herein, where permitted by applicable law, you agree that the Swyftee Group’s liability to you for any damages arising from or related to your use of Swyftee (for any cause whatsoever and regardless of the form of the action), will at all times be limited to one hundred pounds sterling (£100).
These Terms remain in effect while you use Swyftee and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of Swyftee, without notice to you, if we believe that you have violated these Terms or have otherwise acted to bring the reputation of the Swyftee Group into disrepute. All provisions of these Terms shall survive termination or expiration of these Terms except those granting access to or use of Swyftee. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
20. Changes to Terms
We may revise these Terms from time to time. In the event of any proposed change, we will endeavour to notify you of the change via email thirty (30) days in advance of such change coming into effect. Where such notification is not practically possible, we will notify you via an in-app notification which you will be required to click through in order to continue using the Swyftee App. Your continued use of Swyftee upon the expiry of such thirty (30) day period (or upon clicking through the in-app notification, as applicable) shall be deemed to be an acceptance of, and shall be subject to, the revised Terms.
21. Dispute Resolution
These Terms and any and all claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of Swyftee, shall be governed by and construed in accordance with the laws of England. Each party irrevocably agrees that the Courts of England shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with these Terms or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims).
Except as specifically stated in any other agreement we have with you, these Terms (together with any documents and policies referred to therein) constitute the entire agreement between you and us regarding the use of Swyftee and these Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement.
Our failure or delay to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy.
If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be either modified or deleted to the minimum extent necessary to make it enforceable and valid whilst still reflecting the parties' intentions as closely as possible and so that the Terms shall otherwise remain in full force and effect.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Swyftee's prior written consent, but may be assigned or transferred by us without restriction. Any purported assignment by you shall violate these Terms and shall be void.
If you have any questions regarding these Terms please contact us at firstname.lastname@example.org