Services, Terms & Conditions
This page sets out the services, the terms upon which they are provided, and the conditions governing the provision.
We respect your right to choose not to agree with the terms & conditions, however in that event, we respectfully advise that you are not permitted to use any services of swigr whatsoever.
By your actions of using any services of swigr, you are agreeing to the terms as set out.
Terms & Conditions
By using the Website or Services in any manner, you are bound by the collective Terms of Services, in this document as well as the Incorporated Terms identified below (the “Terms”). If you do not agree to the Terms, then do not use the Website or Services. If you are accepting these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that
1.1 you are authorized to do so,
1.2 the entity agrees to be legally bound by the Terms, and
1.3 neither you nor the entity are barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products, which are governed by their own terms of service.
3. INCORPORATED TERMS
The following policies, guidelines, and agreements (“Incorporated Terms”) are hereby incorporated into, and form an integral part of, the Terms to which you are agreeing to be bound:
- Fees and Billing Terms
- Infringing Materials Protocol
- Mobile App Terms
- Vuforia Licence Terms
4. CONTRACTING ENTITY
swigr is a concept wholly owned and operated by Immertia Pty Ltd. Immertia is the company with which you are transacting, and/or from which you are seeking services, and from whom these terms have been determined.
The Services and Website are available only to eligible persons/entities. A person or entity shall be ineligible where any one of these events is believed to be true, and where documentation is not provided, on request, that proves otherwise, to the satisfaction of the Directors of Immertia
5.1 The person has not reached eighteen years of age
5.2 The person has not reached the minimum age for alcohol consumption in the country in which they permanently reside
5.3 The person or entity is not able to form legally binding contracts under applicable law, for any reason
5.4 The person or entity is deemed unsuitable by the Directors of Immertia for any reason whatsoever, or for no reason.
Without limiting the foregoing, the Services and Website are not intended to be used by ineligible persons or entities, and any such person or entity should not initiate use of the services.
In order to use the Services, you must establish a Services account (“Account”) by registering at swigr.com. You may be required to submit a valid means of payment for which you are authorized to purchase Services. You will provide true, accurate, current, and complete information when registering for an Account and will update the information as necessary to keep your Account and payment information current.
You will be required to provide a username and password for your Account. You are responsible for maintaining the security of your Account and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association. You will not share your Account details with any third party.
This is an agreement for Services, and you are not granted a license to any software by these Terms. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archiving purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for any purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
9. INTELLECTUAL PROPERTY
We do not claim any intellectual property rights over the content you provide. All of your content remains yours. When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “IP Rights”) you have in that content or associated with your store in connection with our provision of the Services, in any media known now or developed in the future.
10. REPRESENTATIONS AND WARRANTIES
You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under these Terms. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with these Terms, does not and will not infringe any IP Rights of any third party. We take no responsibility and assumes no liability for any content provided by you or any third party.
11. SWIGR TRADING MARKS
11.1 All rights not expressly granted by swigr to you in these Terms are hereby reserved by swigr. There are no implied rights. You may not use, imitate, or copy, in whole or in part, any swigr trademark, service mark, trade dress, logo, or other branding (collectively, “Marks”) without, in each instance, prior written consent, at swigr’s discretion. All permitted use of swigr’s Marks will inure to the benefit of swigr.
11.2 As between the parties, the Website and Services, including, without limitation, any and all APIs, Software, documentation, images, video, content, logos, page headers, custom graphics, design and user interface elements, scripts, and other materials contained therein or provided in connection therewith, and all modifications, enhancements, and updates thereto, as well as all IP Rights associated with any of these materials (collectively, “swigr IP”) are owned by Immertia and/or its third party sponsors, partners, and suppliers. You have no right or license in or to the swigr IP other than the right to use the Services, in compliance with the Terms, during the applicable subscription period.
11.3 You may provide swigr with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, “Feedback”). If you submit Feedback to swigr, you hereby grant swigr an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that swigr deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).
You will defend, indemnify, and hold swigr and its suppliers and affiliates, and the respective directors, officers, employees and agents of each, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party (authorized, permitted or enabled by you) of the Services, except to the extent the foregoing directly result from swigr’ own gross negligence or willful misconduct. swigr reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This Indemnification Section will survive any termination or expiration or these Terms.
13 NO WARRANTY
swigr makes no representations or warranties with respect to any forums, blogs, private messages, emails, or other electronic discussion mediums made available through or in connection with the Services (collectively, “Discussion Areas”) or with respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
All information, content, or materials you post to a Discussion Area must comply with the Acceptable Use Policy. swigr will have no obligation to monitor the Discussion Areas but may do so at its discretion and may delete, move, or edit any information or materials in the Discussion Areas.
14 ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND MEDIATION.
All disputes between you and swigr will be resolved by binding arbitration. In entering into Agreement, you agree to waive any and all right to litigate claims in court and all opportunity to be heard by a judge or jury.
14.1 All arbitration matters shall be considered under the jurisdiction of the laws of the Australian Government.
14.2 All arbitration hearings shall take place in Melbourne, Australia, with parties able to attend via teleconference, subject to service is availability.
14.3 The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and swigr specifically agree in writing to do so following initiation of the arbitration.
14.4 Neither you, nor any other user of the Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding without having complied with the opt-out requirements above.
The Services will be provided to you for the duration of your Services subscription or Order Form, unless earlier cancelled by you or terminated by swigr. You may cancel your Services subscription at any time. These Terms will automatically terminate upon the cancellation of all of your Services subscriptions. swigr may terminate these Terms or your Services subscription(s) at any time, with or without cause, upon written notice.
Upon termination of these Terms by either party for any reason, or cancellation or expiration of your Services subscriptions: (i) swigr will cease providing the Services; (ii) you will not be entitled to any refunds of any subscription or usage fees, or any other fees, pro rata or otherwise; (iii) any fees you owe to swigr will immediately become due and payable in full; and (iv) swigr may delete your archived data within 30 days.
All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, confidentiality, indemnification, warranty disclaimers, and limitations of liability.
16. LIMITATIONS OF LIABILITY
16.1 swigr and its suppliers and affiliates assume no responsibility with respect to any use of the website, software, or services and will not be liable for any consequential, indirect, incidental, punitive, extraordinary, exemplary or special damages, including, without limitation, loss of use, business interruptions, loss of data, loss of profits, and lost revenue, whether such damages are alleged in tort, contract or any other legal or equitable theory, and whether or not swigr is aware of the possibility of such damages.
16.2 swigr and its suppliers and affiliates will in no event be liable in aggregate for more than the total fees actually received by swigr from you for the services during the 12-month period before the claim or cause of action arose.
16.3 Multiple claims will not expand this limitation. Any cause of action arising out of or related to the website, software, or services must be commenced within one (1) year after the claim or cause of action accrues, otherwise such claim and cause of action will be permanently barred.
Your use of the website, software, and services will be at your own risk and are provided “as is”, “as available” and “with all faults”. swigr and its suppliers and affiliates disclaim all warranties, conditions, representations, whether statutory, express or implied, including, without limitation, any implied warranties, conditions and representations of title, merchantability, fitness for a particular purpose, and non-infringement.
Specifically, swigr advises that the services are experimental in nature, and makes no warranties, conditions or representations about (i) the ability of the website, services, or software to perform without limitation or restriction in any given environment, (ii) the accuracy, completeness, or content of the website, services, or software, (iii) the accuracy, completeness, or content of any linked sites (through hyperlinks, banner advertising or otherwise), and/or (iv) third-party products, and swigr assumes no liability or responsibility therewith.
The reference to, or availability of, third-party products in connection with the services or website does not constitute, and will not be construed as constituting, an endorsement, authorization, sponsorship, or affiliation by or with swigr with respect to such third-party products.
Confidential Information means the business, technical and financial information disclosed to one party (the “Receiving Party”) by the other party (the “Disclosing Party”) pursuant to these Terms and includes all information marked by the Disclosing Party as confidential and any other information, whether written or oral, that the Receiving Party should reasonably understand is confidential to the Disclosing Party.
18.1The standard of care imposed on each party pursuant to this Section will be the same degree of care as it uses to avoid the unauthorized use, disclosure, or dissemination of its own Confidential Information of a similar nature, but not less than a commercially reasonable degree of care.
18.2 Each party will disclose the Confidential Information of the other party only to those of its employees, consultants and contractors (“Personnel”) who have agreed, either as a condition of employment, representation or in a written agreement, to be bound by terms and conditions substantially as protective as the confidentiality terms and conditions applicable to the Receiving Party under this Section.
18.3 Confidential Information excludes information that is (i) rightfully in the Receiving Party’s possession without obligation of confidentiality prior to receipt from the Disclosing Party, (ii) a matter of public knowledge through no fault of the Receiving Party, (iii) rightfully furnished to the Receiving Party by a third party without restriction on disclosure or use; or (iv) independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information.
18.4 The terms of this Section will survive for as long as the Confidential Information remains confidential.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.