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Terms of Use

1. ACCEPTANCE OF TERMS OF USE

1.1 Your access to and use of all information on this Site is provided subject to these Website Terms of Use.


1.2 By using this Site You will be deemed to have read, understood, and accepted these Website Terms of Use, and You agree to abide by the Website Terms of Use at all times when using this Site.

1.3 If You do not agree to these Website Terms of Use You must immediately discontinue use of this Site. It is your responsibility to stay up to date with changes to the Service and these Terms Of Use by reviewing them on the Website from time to time and before you use or wish to use the Service. We are not responsible or liable for any loss or damage that may arise if you fail to do so.

1.4 Swooped reserves the right to amend, modify, or alter these Website Terms of Use at any time without notice. The amended terms and conditions shall be effective from and after the date they are posted on this Site and immediately become binding upon You, whether or not read by You and may not otherwise be amended except by written authorisation from Swooped. Your use of this Site following any amendment will represent Your agreement to be bound by these Website Terms of Use (as amended).

2. SCOPE OF SERVICE

Through this Site, Swooped provides an online platform through which Visitors can find various Australian retailers, distributers, manufacturers and suppliers that operate in the business of selling products for general home improvement purposes.

3. WEBSITE ACCESS AND USAGE

3.1 When You visit our Site, we give You a personal, non-transferable, non-sublicensable, revocable licence to access and use this Site only as permitted in this Website Terms of Use.

3.2 You are not allowed to re-sell, scrape, or reproduce any information, software, products or services available on this Site for any commercial or competitive activity or purpose.


3.3 Except as permitted under the Copyright Act 1968 (Cth), You are not permitted to copy, reproduce, republish, metatag, distribute or display any of the information on this Site without prior written permission by Swooped.

 

3.3 Swooped may without notice to You at any time, and in its complete and unfettered discretion, and without giving any reason or receiving any permission from You, take any or all of the following actions;

      i.        Vary, alter, suspend, revoke, or cancel in part or in whole the licence granted under Clause 3.1

     ii.        Immediately terminate Your access to this Site

    iii.        Block any Internet Protocol address whether such address belongs to You or any other person

    iv.        Edit, change, and or delete in whole or in part any Content published on or through this Site.

     v.        Temporarily or permanently limit, suspend, or cancel at the discretion of Swooped any membership, access, privilege or benefit You have to the Site.

    vi.        Publish any warning, comment, apology, or statement relating to Your breach of the Website Terms of Use

   vii.        Provide information to any consumer or law enforcement organisation having jurisdiction intra-nationally, nationally, or internationally, relating to any use by You of this Site which is in breach of the Website Terms of Use.

  viii.        Record the IP address of all posts to aid Swooped in enforcing these Website Terms of Use.

3.4 Swooped reserve the right at any time, and without notice, to modify, make temporarily or permanently unavailable this Site in part or in whole.

 



4. PRIVACY POLICY

4.1 Swooped takes all due care with any information which You may provide to us when accessing this Site. However Swooped does not warrant and cannot ensure the security of any information which You may provide to Swooped.  Information You transmit to Swooped is entirely at Your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

 

5. THIRD-PARTY SITES

5.1 This Site contains hyperlinks to other websites. Such links are provided for convenience only and Swooped disclaims all liability for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on this Site to another website does not imply Swooped endorsement, support, or sponsorship of the operator of that website nor of the accuracy, suitability of information, services and or products which such websites provide.

 

5.2 Swooped has no control over, and no liability for any third party websites or materials. Swooped works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Swooped nor the Site has control over the content and performance of these partner and affiliate sites, Swooped makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Swooped assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.

6. INTELLECTUAL PROPERTY RIGHTS


The copyright to all content on this Site including graphics, images, layouts and text is owned by or is licenced to Swooped.

7. DISCLAIMERS


7.1 Whilst Swooped takes all due care in providing our services and in maintaining and operating this Site, Swooped does not provide to any person any warranty, representation or promise, either express or implied including without limitation warranties of merchantability or fitness for a particular purpose relating directly or indirectly to such services or to this Site.


7.2 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Website Terms of Use is excluded. 


7.3 Whilst Swooped will take all due care in ensuring that this Site is free of any virus, worm, Trojan horse and/or malware, Swooped
 is not responsible for any loss or damage to You, Your business, Your customers, or Your computer system which arises in connection with Your use of this Site or any linked website.


7.4 Swooped hosts third party content on this Site including advertisements and endorsements belonging to other Advertisers. Whilst Swooped will use reasonable skill and care in operating this Site,  responsibility for such Content rests with the authors, publishers, or transmitters of that Content and Swooped is not responsible for any errors, omissions or inaccurate / misleading / untrue information in such Content or any material on the Site which breaches the Website Terms of Use.


7.5 Advertisers are responsible for the accuracy, completeness and correctness of any information displayed on the Site. This Site does not constitute a recommendation or endorsement of the quality, workmanship, service level, rating or accreditation of any Advertiser service of product.


8. LIMITATION OF LIABILITY


8.1 To the full extent permitted by law, our liability for breach of any implied warranty or condition or to a breach of the Website Terms of Use is limited to the supply of the services again or payment of the costs of having those services supplied again.


8.2 Swooped does not accept any liability for any loss whatsoever including consequential loss, or non-economic loss, or for punitive, aggravated or exemplary damages suffered by You or by any other person arising from Your use of this Site.


8.3 Any Content, information, advice, data, or representation made by Advertiser or visitor on this Site is for general guidance only and does not purport, and is not comprehensive advice and should not be relied upon by any person for any reason without first seeking appropriately qualified and licenced building, architectural, product, financial or other assistance or guidance.

 

9.  INDEMNITY


9.1 By accessing this Site, You agree to defend and indemnify and hold Swooped harmless from all claims, actions, demands, recoveries, losses, damages, fines, penalties, or other costs and expenses of any kind or nature including but not limited to reasonable legal and accounting fees arising from or in connection with Your use of this Site brought:

1.     by You or on on Your behalf; or

2.     by third parties as a result of:

1.     Your breach of the Website Terms of Use

2.     Your breach of any law of the rights of any third person; or

3.      Your use of this Site.

 

10.  JURISDICTION


10.1 These Website Terms of Use are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these Website Terms of Use will be heard in Victoria and You agree to submit to the jurisdiction of the Courts of that State.


10.2 If any provision in these Website Terms of Use is invalid under any law, that provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary, the invalid provision will be deleted from these Website Terms of Use and the remaining provisions will remain in full force and effect.