Terms of Service
Effective as of the 30th of May, year 2018
These Terms of Service shall apply to Users using and/or visiting our Website and/or App. These Terms of Service alongside auxiliary documents you express your consent to shall serve as a binding instrument, regulating your behavior while using the Swiftly Website, App, content and/or Services.
By accessing and using Swiftly, you are hereby compliant and expressly agree to follow the obligations and understand that you may exercise certain rights granted under this Agreement. You hereby acknowledge that the Service itself may use reserved rights towards you in cases of a material breach of this Contract.
These Terms of Service will guide you through
- The functionality of the Swiftly Services, content, Website and/or App
- Your respective rights and obligations while using Swiftly
- Our reserved rights under this Agreement
References in this Document to:
"Service", "Website", "App", "Swiftly", "We", or "Us", mean Swiftly, and its owner company and operator, Swiftly, Inc., a Company registered in Delaware, the United States, registered under file number 6377832 at the Delaware Secretary of State. When concluding agreements with the Service, we mean concluding an Agreement that is to be executed by Swiftly, Inc.
"You", "Your" and "User" mean the person, group or other entity utilizing Swiftly, fulfilling the eligibility requirements as set forth in this Agreement, and further with full ability to perform acts in law and legal capacity to be bound by this Agreement's provisions.
"Buyer" means a specific user concluding a sale through Swiftly.
"Store", means a partner Company or Organization that shall execute the sale ordered by you towards the specific Store.
This Agreement shall govern your usage of the Swiftly service at all times. Together with other agreements you have entered into, these agreements are to be considered as one legally-binding Agreement made between you and Swiftly, Inc. Swiftly and its Owner and operator Company are not responsible for any defective performances of Third Parties, such as Stores, and hereby disclaim all liability arising out of inadequate or other beaches of Agreement on behalf of Stores. This Agreement is concluded for an unlimited period of time. The Users may terminate this Agreement using the available function of Deleting Account in their respective User Profile settings.
The Agreement may be concluded by natural persons, legal entities and organizational units, to whom the act grants the ability to perform acts in law. The age of majority is specified by the law of a country from the respective User's state of birth. Registration of a User account is free of charge. Any minors entering into agreement with Swiftly may do so with appropriate and valid consent from their respective legal guardian(s). The Service reserves rights to take operational and other measures while checking the age of its users.
2.1 Account Registration and Profile
2.2 Restrictions of Certain Behaviors
The User shall use the Service according to the intended purpose of the Service, and further in accordance with applicable law, accepted social and moral standards, as well as the provisions of these Terms of Service, as well as other legal documents the User has provided consent to in regards of using this Service.
The User is further obliged to protect the User's respective login details, passwords and other information, in order to prevent the access of third parties.
The User shall not take any action in order to interfere with the Service's functionality, namely by using specific software or equipment. The User shall use this Service in a manner consistent with these Terms of Service, applicable law and general principles of using the Internet. The User shall, therefore, withhold from delivering and transferring throughout the Service the following (without limitation):
- Content prohibited by law, social or moral norms,
- Personal data of third parties gathered, published or distributed without their appropriate written consent,
- Unsolicited commercial communications or other types of spam, which was not approved by users expressly.
For breaches of these basic usage guidelines, the Service may exercise full discretional rights, if the Service finds it appropriate.
The Service reserves the right to terminate a User's access to the Service, if they turn out to be repeated infringers. Swiftly may, in its sole discretion, initiate inquiries of abuse of misbehavior of any user, whether by breaching the terms regarding content upload(s) or general behavior terms explained above. The reserved rights in case of violation of these terms include:
- Deletion of User submission or Upload
- Temporary or permanent bans on some functionalities of this Service
- Temporary or permanent bans from accessing Swiftly Service
- Initiating legal proceedings against the individual or entity involved in penal behavior against the functionality of this service under applicable law.
2.3 User Submissions
For the purposes of this Agreement, a User Submission is any form of digital communication, comments, materials, files or other types of supported submissions by the Service. Upon uploading a User Submission, the Uploading User represents and warrants its lack of legal deficit(s) or claims from any affected third parties.
By sharing any materials in the Service the User declares that he/she is the author of these materials or holds the rights and approvals required by law for them to be uploaded in the Website or that the materials uploaded by him/her originate from a legal source.
No transfer of right, title or property is to be executed implicitly by sharing and uploading a User Submission on the Service. The User Uploading the User Submission shall retain all right, title and property to the User Submission. The User Uploading, by Uploading the User Submissions licenses the Service in order to display, share and publish the User Submission to the Service. This license is, at any time, revocable by the User Uploading the User Submission. Deletion of the User Submission implies an automatic termination of the aforementioned license
3. Purchasing through Swiftly
Swiftly is a service available on the Swiftly Website and Mobile app, allowing for uses to scan, pay and inspect grocery items in certain Grocery Stores that Swiftly has partnered with (thereinafter referred to as: Stores). Swiftly is provided with updated databases on the Stores' respective products, and offers its users the possibility to simply checkout while paying remotely from their Mobile App. Please note that delivery and other terms may further be introduced with partnered Stores.
3.2 Payment for Products
3.4 Delivery Terms
The Service may include delivery and shipping terms with certain partner Stores, which will be presented to you directly on our App. If not specified otherwise in these Terms of Service, delivery terms shall not apply.
3.5 Return and Refund Policy
The Partner Stores may set out their own Refund and Return Policies, which may be applicable to your purchases upon purchasing via the Swiftly App. Please note that if not specified otherwise in these Terms of Service or on the Swiftly App, no returns and refunds are to be accepted by the Partner Stores.
4. Partnered Stores
We hope you will enjoy the wide selection of partner Stores family from which you may purchase your products in an easy and accessible manner. We, as a communication facilitator between the store and you - the Users, however, have no bargaining rights in your contractual relationship with the Store. If not specified otherwise in these documents, no warranties or representations are made by the Service towards any terms the Stores may promise you with.
4.2 Defective Performance of Stores
Aside from these Terms of Service, and if not directly referred to within our App or Website, your contractual relationship with the partnered Stores will be guided by their own set of Terms, as well as applicable law. The Service disclaims all liability arising out of defective performance of linked services and/or Website, unless expressly assumed within this Agreement. Upon being prompted by a follow-up link to a third-party service and/or Website, you are bound by a different set of Terms and Policies that govern the usage of the appropriate third-party service or Website, and you further understand that you use the third-party service or Website at your own risk. We recommend using due diligence and familiarizing yourself with the Terms and Policies prior to usage of the services you are prompted to. Please note that this Service does not endorse, promote or otherwise market the third-party Websites and/or services, unless expressly and appropriately stated within our Website.
4.3 Sharing of Information
The Service is to operate as a facilitator in sales between You and the partnered Stores. Therefore, upon confirmation of payment made by secure servers, we shall inform the Stores' databases of your payments. This information is used solely for the purpose of successful transaction between You and the partnered Store, and shall not be used in any other way. Applicable privacy terms of the partner Stores may apply.
This service may be used as an add-on to third-party services and software. We do not assume any liability for such third-party services and software, and you are solely and exclusively responsible for obtaining any licenses, consent or authorizations needed for the use of data.
4.5 Advertisements and Promotions
This Service may contain ads and promotions from third parties. Your business dealings, correspondence or other contact made throughout these ads and promotions falls outside the Service's scope of control, and, as such, the Service disclaims all liability arising from these dealings, contacts or correspondence.
5. Downloading the Swiftly App. Payment through the App
5.1 Downloading the Swiftly App
Swiftly is primarily a mobile service offered to a wide variety of mobile devices running Apple's iOS or Android operating systems. Please note that the App may not be compatible with all mobile devices. Please note that, without a compatible device, a purchase or download of this App may not be possible. Prices for purchasing the App may vary according to different jurisdiction taxation and auxiliary expenses. Also note that Swiftly reserves the right to, without limitation: discontinue the App, change the content of the App, change the content of In-App purchases, change the pricing of the App or possible In-App purchases or extras or any type of modification regarding the sales of the App, compliant with the discretion granted by the App store or Google Play Store. On specific occasions, Swiftly will offer additional products and services for purchase through the App store, Google Play or other platforms authorized by the Service. Upon choosing to make an In-App purchase or Extras.
5.2 Payments made on the Swiftly App
If you are a user of iOS or Android, you may be able to use Apple Pay or Google Wallet in order to process payments within the App. These services do not retain or store your billing information within the App.
If any provision of this Policy is, or is to be found by an appropriate authority, unenforceable under Applicable law, that will not affect the enforceability of any other provisions of these Agreements.
The Parties agree that the applicable and usable law is the law of the U.S., State of California. The Parties designate the appropriate court authority at the place of the headquarters of the Service's operator Company as the competent court authority in cases of any disputes arising out of this Agreement. No terms set forth herein are constructed in any way or manner in order to limit or otherwise obstruct consumer protection rights.
6.2 Alternative dispute resolution
The Parties agree to solve all disputes or controversies, including those arising from termination of employment in a manner other than filing court actions. The Parties agree to Arbitration proceedings arising out of or relating to the existence, breach, termination, interpretation or enforcement of these Terms of Service, as well as your access to the Platform at any time as of your binding access to these Terms of Service.
The Parties agree that the Arbitration proceedings shall be held in English, with an Arbitrator chosen by means of consensus between the parties from the list of arbitrators by the American Arbitration Association. The seat of Arbitration shall be chosen by the parties by means of consensus.
The User hereby acknowledges and agrees to hereby waive the right to trial by jury or participation in a class action or representative proceeding. Unless explicitly agreed with Swiftly, in writing, the User shall resolve all disputes by means of binding arbitration on an individual, case-to-case basis, and shall withhold of a collective, consolidated or representative proceeding. Any contractual Party to this Agreement may request injunctive relief on the basis of applicable law.
Alternative dispute-resolution prevents statute barring of the rights and obligations arising from this Agreement. If these dispute-resolving methods prove unsuccessful, they are to commence court proceedings. If any provision of this Agreement is, or is to be found by an appropriate authority, unenforceable under governing law, that will not affect the enforceability of any other provisions of this Agreement.
You hereby agree to indemnify and hold Swiftly, it's operator and/or owner Company, Representatives, Employees and Partners harmless from and against any loss, cost, damage and expense, including but not limited to: attorneys' fees and court costs, arising directly or indirectly from Your use of the Swiftly Website and/or App, software or services and/or Your breach of any representation, warranty or restriction contained in this agreement.
Swiftly may suspend or discontinue any portion of the whole Service with or without previous notice. Swiftly may suspend Your access to the Website and/or App, provided that a breach under the Website and/or App's Terms of Service has been grounds for termination of Agreement with you
These Terms, along with all supplemental documents you have expressed your consent to, without limitation to conclusive means of acceptance, are to be regarded as a single, legally-binding contract between you and Swiftly.