TERMS & CONDITIONS OF USE
Welcome to the SWYTSHOP downloadable browser add-on application or to our website at www.SWYTSHOP.com (collectively and separately known as “SWYTSHOP”), brought to you (the “User”, “you”) by SWYTSHOP (“we”, “us”, or the “Company”).
SWYTSHOP is a shopping assistance service that will enhance your online shopping experience and assists you in comparing prices, products and services while you are browsing third-party e-commerce websites. SWYTSHOP will show you the same products or services, offered by different vendors, with better pricing. When available, SWYTSHOP will also present you with coupons that will allow you to enjoy exclusive discounts on the products or services you’re looking for (collectively, “Offers and Deals”). Third-party vendors will provide the offers.
1. Acceptance of the Terms
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT INSTALL SWYTSHOP OR ATTEMPT TO USE OUR WEBSITE OR SERVICE.
2. Third-Party Vendor Recommendations
Please note: SWYTSHOP does not, either expressly or implicitly, endorse, recommend or in any manner, assume any responsibility for any third-party content, products, services or any torts or damages incurred by you as a result of, or in connection with, your use of SWYTSHOP or third-party vendor. Furthermore, SWYTSHOP does not guarantee that third-party prices are the lowest or makes any representations about any products or services provided by third parties.
3. License and Intellectual Property Rights
SWYTSHOP, its content and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the website design of SWYTSHOP), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered (collectively, “Intellectual Property”), are owned by and/or licensed to SWYTSHOP, and are subject to copyright and other applicable Intellectual Property rights pursuant to BVI laws, foreign laws and international conventions.
SWYTSHOP grants the User a personal, non-exclusive, non-commercial, non-licensable, non-transferable and fully revocable, limited license, to install, access and use SWYTSHOP for personal use, according to these Terms. The User may not copy, distribute, display, execute publicly, make available to the public, emulate, decompile, disassemble, adapt, sub-license, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to SWYTSHOP’s proprietary rights, unless expressly permitted in these Terms.
4. Trademarks, Service Marks and Trade Names
SWYTSHOP marks and logos, along with all other proprietary identifiers used by SWYTSHOP (“SWYTSHOP Trademarks”) are owned by SWYTSHOP, whether registered or not. Other trademarks, service marks, trade names and logos that appear on or through SWYTSHOP, belong to their respective owners (“Third-Party Marks”). No right, license, or interest to SWYTSHOP Trademarks or to Third-Party Marks, is granted hereunder, and the User agrees to avoid using any of those marks, except as permitted by these Terms.
5. Use Restrictions
A. By using the SWYTSHOP service, the User agrees to certain restrictions, as stated below. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
i. Illegal/Criminal Activity – SWYTSHOP may not be used in connection with criminal or civil violations of state, national, provincial or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
ii. Security Violations – SWYTSHOP may not be used in connection with attempts—whether successful or not—to violate the security of a network, service, application or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DOS) attacks; and distributing viruses or other harmful software. The User may not create a browser or border environment around SWYTSHOP content (no frames or inline linking is allowed)
The User is responsible for maintaining the basic security of his/her computer and electronic devices, and to prevent their use, by others, in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. The User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
iii. Threats – SWYTSHOP may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
iv. Offensive Materials – SWYTSHOP may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, the User agrees to adhere to the following requirements:
a. Comply with all laws, ordinances, statutes and applicable legislation and to respect all third-party rights. In particular, the User shall not:
i. use, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws);
ii. Violate the rights of SWYTSHOP, or any third parties;
iii. Violate or encourage the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance;
iv. Interfere with any User’s uninterrupted use of our website or program;
v. Upload or transmit viruses or other harmful, disruptive or destructive files, material or code;
vi. Disrupt, interfere with, or otherwise harm or violate the security of our website or SWYTSHOP service, system resources, accounts, passwords, servers or networks connected to, or accessible through, our website or the SWYTSHOP service.
WARNING: ANY VIOLATION OF THESE RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY SWYTSHOP.
b. The User is further prohibited from the following activities:
i. Blocking, overwriting, modifying and/or copying of any content of our website or SWYTSHOP service;
ii. Performing any actions that may impair the operability of our website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software.
v. Indirect Access – A violation of these Terms by someone having only indirect access to our website or SWYTSHOP service, through a User, will be considered a violation, whether or not with the User’s knowledge or consent.
vi. The resale or commercial use of our SWYTSHOP service is not permitted.
vii. Violation of these Terms may result in immediate termination of our SWYTSHOP service to the User, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by SWYTSHOP, in its sole discretion.
6. Age Requirements
7. Availability of SWYTSHOP Service – Force Majeure
Without limiting the foregoing, under no circumstances shall SWYTSHOP be held liable for any delay or failure in performance, resulting directly or indirectly, from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
8. Changes to the SWYTSHOP Service
SWYTSHOP reserves the right (but is under no obligation) to modify, correct, amend, enhance, improve, make any other changes to, suspend or discontinue, temporarily or permanently, the website or SWYTSHOP service (or any part thereof) (the “Changes”) with or without notice, at any time and for any reason, including, without limitation, any change that may be performed automatically, for the purpose of improving, enhancing or debugging the version of SWYTSHOP installed on your electronic device.
You agree that the Company shall not be liable to you or to any third party for any Changes whatsoever, and that your only recourse shall be to promptly erase SWYTSHOP and any part thereof from your systems and to stop using SWYTSHOP in any manner whatsoever. Your continued use of SWYTSHOP following any such Changes will constitute acceptance of, and agreement to be bound by, these Terms with respect to the then-current scope and form of SWYTSHOP.
9. Disclaimer and Warranties
A. While SWYTSHOP uses reasonable efforts to include accurate and up-to-date information, SWYTSHOP specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on our web sites or through our Services. SWYTSHOP disclaims any responsibility or liability for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. SWYTSHOP disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or application on the Internet through our website or SWYTSHOP service.
B. OUR WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED THERE, ARE PROVIDED “AS IS,” WITH NO WARRANTIES EXPRESSED OR IMPLIED. SWYTSHOP EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SWYTSHOP DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF OUR WEBSITE OR SWYTSHOP SERVICE. SWYTSHOP DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH OUR WEBSITE, SWYTSHOP SERVICE OR THIRD-PARTY VENDOR. SWYTSHOP DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH ANY LINKS PROVIDED BY OUR WEBSITE OR SWYTSHOP SERVICE.
C. THE USER UNDERSTANDS AND AGREES THAT HE/SHE DOWNLOADS OR OTHERWISE USES OUR WEBSITE AND SWYTSHOP SERVICE, AT THEIR OWN DISCRETION AND RISK, AND THAT HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ELECTRONIC DEVICES OR DATA.
D. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
E. UNDER NO CIRCUMSTANCES SHALL SWYTSHOP BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OR RELIANCE ON, OUR WEBSITE OR SWYTSHOP SERVICE, ARISING FROM ANY CLAIM RELATING TO THESE TERMS. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND/OR PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SWYTSHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OR RELIANCE ON, OUR WEBSITE OR SWYTSHOP SERVICES, FROM INABILITY TO USE OUR WEBSITE OR SWYTSHOP SERVICE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF OUR WEBSITE OR SWYTSHOP SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR LOST PROFITS.
F. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY. PLEASE CHECK WITH YOUR JURISDICTION.
10. Limitation of Liability& Indemnity
A. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SWYTSHOP, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS OR ITS AGENTS, BE LIABLE FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF SWYTSHOP AND/OR THE CONTENT (INCLUDING BUT NOT LIMITED TO ANY DAMAGES ARISING IN CONNECTION WITH OFFERS AND DEALS, THIRD-PARTY CONTENT AND/OR THIRD-PARTY SERVICES PURCHASED THROUGH THE USE OF SWYTSHOP), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, RESULTING FROM OR ARISING OUT OF THE SWYTSHOP SERVICE OR THE USE OR INABILITY TO USE THE SWYTSHOP SERVICE, OR FAILURE OF SWYTSHOP TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF SWYTSHOP TO PERFORM UNDER THESE TERMS, AND/OR ANY OTHER ACT OR OMISSION OF SWYTSHOP BY ANY OTHER CAUSE, OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. The User agrees to indemnify, defend and hold harmless SWYTSHOP and each of its respective advertisers, vendors, suppliers, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including, but not limited to, claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys’ fees and court costs) arising from or relating to any allegation regarding:
1. User’s use of our website or SWYTSHOP service;
3. Information or material provided through User’s IP address, even if not provided by the User; or
4. Any violation of these Terms by User.
11. Changes to these Terms
From time to time, SWYTSHOP will make changes to these Terms, and we reserve the right to modify them at any time. If modifications are made, we may provide a notice on our website’s Home Page, although such notice is not required. Regardless of whether we notify the User, you should regularly check this page for updates or changes, since your continuing use of our website or SWYTSHOP service is your explicit, continuing acceptance of these Terms and any modifications thereto, immediately, upon any changes or modifications made by us.
12. Termination of SWYTSHOP Service
The User agrees that SWYTSHOP may, at any time, without notice or cause, refuse service, terminate any rights granted herein, or terminate or suspend accounts, in its sole discretion, including, without limitation, if SWYTSHOP determines User conduct violates applicable law, is harmful to our interests or our website. In the event of termination, the User will still be liable for any breaches of these Terms and/or obligations incurred before the termination takes effect. If, after termination, the User continues to use our website or SWYTSHOP service, such continued use will constitute the User’s agreement to the Terms then posted on our website. The provisions related to License and Intellectual Property Rights, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination or expiration of these Terms.
13. General Terms
A. The User agrees to file any claim regarding any aspect of our website or SWYTSHOP service or these Terms, within thirty- (30) days of the time in which the events giving rise to such alleged claim begin, or the User agrees to waive such claim. The User also agrees that no claim subject to these Terms may be brought as a class action or in any other jurisdiction, than in the courts of BVI.
B. If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. The User agrees to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favorably, when possible, to the benefit of SWYTSHOP
14. For Information or Questions
15. Effective Date
These Terms and Conditions of Use were last updated and became effective on Aug 20, 2015