Swifty Terms & Conditions

 

1. Goal and legality of the terms and conditions

1a. These terms and conditions apply to all transactions and agreements between Swifty BV and her customers and users and to all offers made by Swifty BV.
1b. Products and services can be used or purchased from Swifty BV when a customer or user is 16 years old or older. 
1c. There are separate license agreements and a refund policy which, although made available separately, are an integral part of these terms and conditions and have the same legality. 
1d. Users of Swifty products and or services are considered to be aware of and to agree with the contents of these terms and conditions and the applicable licenses. 

 

2. Terminology

2a. Customers are the people or legal entities in whose name a product is purchased from Swifty BV and or whom an offer is made by Swifty BV.
2b. A payment period is the amount of time which a customer has paid for to acquire the right to use a product or service. 
2c. An agreement is entered into when a user uses a product from Swifty BV and also when a customer makes a purchase from Swifty BV. 

 

3. Terms and conditions of the customer – if any – are waived

3a. The application or legality of any purchase terms and conditions or any other terms and conditions from the customers end are expressly excluded and rejected. 

 

4. Law

4a. All agreements between Swifty BV and the customer and all offers made by Swifty BV to the customer are subject to Dutch law. 
4b. Any and all possible disputes that might occur from any agreement between Swifty BV and the customer that can not be resolved amongst these two parties will be brought before a qualified court of law in the Netherlands, in the Valkenswaard area unless Swifty BV chooses to bring it before another qualified court of law. 

 

5. Correspondence

5a. All correspondence will be via digital media such as email and web interfaces, including but not limited to invoices and payment reminders. 
5b. The customer is obligated to provide an email address to Swifty BV at which customer can be reached and can receive emails. Any changes to such an email address must be communicated to Swifty BV in the manner described by Swifty BV. 
5c. Email sent to the email address provided by the customer is considered to be received by the customer. 

 

6. Property

6a. All intellectual and or industrial rights regarding equipment, software or other items developed or made available under an agreement are the property of Swifty BV or her licensors unless otherwise specified in the license agreements that are an integral part of these terms and conditions. 
6b. Items provided by the customer will remain the property of the customer unless expressly agreed upon differently in writing. 

 

7. Payment periods

7a. A payment period is the time frame for which a customer pays an agreed upon amount upfront to acquire the right to use the product or service. This is often one year. After the payment period is over, the agreement is automatically renewed for the same payment period for which payment is required and for which a notification may or may not be sent to the customer.
7b.The customer has the right to end the agreement before the end of the payment period. 
7c. Payment periods do not apply to one-time purchases such as but not limited to ebooks. 

 

8. Invoices and payments

8a. By purchasing a product or service the customer agrees to receive invoices digitally via email or via the customers my-account area on this website, for which a login will be made available. 
8b. Any complaints about the invoice must be made known to Swifty within 14 days after the invoice was made available. 
8c. 14 days after the invoice was made available the customers is considered to agree with the invoice. 
8d. If an individual is acting on behalf of a legal entity, such as, but not limited to, a company or non-profit organisation, and it turns out the individual was, at the time the individual purchased the product or service, not legally entitled to act on behalf of the legal entity, the individual is personally held liable for any unpaid invoices pertaining the agreement the individual entered into. 
8e. Subscriptions are always automatically renewed. Under special circumstances, Swifty BV might choose to deviate from this rule. For instance, when there unpaid invoices.
8f. A customer can end an agreement at any time. But when an agreement is ended after the payment period has ended and therefore is renewed, the customer agrees to pay the renewal invoice. 
8g. If a customer ends an agreement within 14 days after the auto renewal of the payment period, a refund will be issued although Swifty BV reserves the right to deduct costs occurred first.

 

9. Pausing and ending the service or product’s availability

9a. Swifty BV reserves the right to pause or end the agreement, the availability of the product or performance of the service to the customer when the product or service is not paid for or when the customer violates the terms and conditions. 
9b. Pausing or ending the agreement, the availability of the product or performance of the service to the customer will never be cause for a refund when the customer has violated the terms and conditions. 

 

10. Swifty BV reserves the right to refuse to do business with a customer

Swifty BV reserves the right to refuse to do business with a customer for any reason according to Swifty BV’s own judgment. 

 

11. Waiver

11a. The customer agrees to expressly disclaim any warranty for the products or services purchased. The customer agrees that the products and services are provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose beyond the basic product description. The further disclaims any warranty not expressly described.
11b. In no event or situation shall the customer hold Swifty BV liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the use of or inability to use the products or services, even if Swifty BV has been advised of the possibility of such damages. In no event will the customer hold Swifty BV liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The customer will not hold Swifty BV liable with respect to the content of the product or service or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

 

12. Changes to Terms and Conditions

Swifty BV is entitled to make changes to these terms and conditions at any time without notifying the customer. Publication on the website of Swifty BV is considered to be sufficient notice. It is entirely up to Swifty BV to determine if a change to the Terms & Conditions will be directly communicated to the customer. 

 

13. Disclaimer

13a. Swifty BV expressly disclaims any warranty for the products and services it provides. These are provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose beyond the basic product description. SwiftySite further disclaims any warranty not expressly described.

13b. In no event or situation shall Swifty BV be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the products or services, even if Swifty BV has been advised of the possibility of such damages. In no event will Swifty BV be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Swifty BV shall have no liability with respect to the content of the products or services or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.