Terms And Conditions

I. Applicability & Acceptance of These Terms of Use

Introduction

These Terms of Use apply to this website which is operated by Distributed Logistics Pty Ltd ACN (166 066 379) (“we”, “us”, “our”) under the domain name: www.getswift.co

By proceeding beyond this home page you warrant that you are at least 18 years of age.

A reference to “you” or to “user” means you.

A reference to “Delivery Agent” means the person, business, company and or entity delivering parcels.

By proceeding beyond the homepage you agree to accept these Terms of Use.

Licence and Terms of Use

You are granted a non-exclusive, non-transferable licence to use the Sites in accordance with the conditions set out below.

These Terms of Use can be reviewed by us without notice. Such revision will take effect when it is posted on this Website or any of the Sites. Your continued use of this Website or any of the Sites will be regarded as your acceptance of these Terms of Use as amended.

You are not permitted to copy, distribute, republish, download, display, post or transmit the content of this Website or any content of the Sites unless expressly provided herein.

Warranties and Representations

Where links are provided on the Sites to third party Websites you acknowledge that we make no representations about the content of that third party Website. We do not accept any liability for use of these third party Websites. A link to a third party Website does not mean that we endorse the content of that Website.

Any drawings or diagrams or representations provided on this Website are an artist impression and are for marketing and illustrative purposes, representation and style only. You warrant and acknowledge that you make no reliance whatsoever on such drawings, diagrams or representations.

All reasonable steps have been taken to verify the content of this Website (“the Content”). In compiling the content Content we have relied on information provided by third parties. We do not warrant or make any representations regarding the accuracy, reliability or otherwise of the Content.

Your use of this Website including all Content is at your own risk. Before taking or refraining from any action in reliance on the content or this Website, you must make and rely on your own enquiries.

Liability and Indemnity

Subject to any responsibilities implied by law which cannot be excluded we are not liable to you or any other persons for any loss, damage, liability, claims and expenses whatsoever, whether direct, indirect or consequential howsoever caused, whether in contract, tort including negligence, statute or otherwise, which arise out of or referable to the content of this Website or the Sites or the use of this Website or the Sites by you. To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

Nothing in these terms and conditions is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law or any other legislation which cannot be excluded, restricted or modified by agreement.

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents, licensors and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your use of this Website.

These Terms of Use are governed by and construed in accordance with the laws of Victoria., Australia. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Victoria, Australia

Privacy

We are committed to protecting the privacy and confidentiality of information we collect from persons accessing this Website.

II. Processing Information

Swift provides a logistics software-as-a-service for the management of local goods delivery. Swift will be paid a monthly subscription and delivery transactional fee by the user of the software.

IV. User Licence

1. Scope.

Swift grants you permission (which may be revoked at any time for any reason or no reason) to view the Sites and to download, email, share via social networking or print individual pages from the Sites in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted above. Swift reserves all of its statutory and common law rights against any person or entity.

2. User Conduct.

You agree that your use of the Sites and/or services on the Sites is subject to all applicable State and Commonwealth laws and regulations. You agree:

  • to comply with Local State laws or rules regarding online conduct and acceptable material;
  • by using this site, you expressly warrant that you are over the age of 18;
  • not to access the Sites or services using a third-party's account/registration without the express consent of the account holder;
  • not to use the Sites for illegal purposes;
  • not to commit any acts of infringement on the Sites or with respect to content on the Sites;
  • not to use the Sites to engage in any commercial activity;
  • not to create distributor reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith conform with the purpose or spirit of the Sites;
  • not to attempt to gain unauthorised access to other computer systems from or through the Sites;
  • not to interfere with another person's use and enjoyment of the Sites or another entity's use and enjoyment of the Sites;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files;
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites;
  • to only use the Sites for lawful purposes; you will not use the App or the Sites for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct,
  • not to use the Sites to advertise, solicit or transmit commercial advertisements, including "spam"
  • not to use the Sites to cause nuisance, annoyance or inconvenience;
  • not to impair the proper operation of the network,
  • to only use the Sites for your own use and will not resell it to a third party;
  • to keep secure and confidential your account password or any identification we provide you which allows access to the Sites;
  • to provide us with whatever proof of identity we may reasonably request;
  • that you are aware that the licensed supplier may decline your delivery request for any reason.

Licence Limitations

You agree agree that you will not use the Sites or such proprietary content, information or other materials except as expressly permitted herein. Except as specifically permitted herein or expressly authorized in writing by Swift, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the App or the Sites in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (b) use the App or the Sites in any service bureau arrangement; (c) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the App or the Sites, any updates, or any part thereof in any form or manner or by any means; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You understand and agree that you are not permitted to: (1) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the App or the Sites; (2) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer the App or the Sites, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App); (3) use any means to discover the source code of the App or to discover the trade secrets in the App or the Sites; or (4) otherwise circumvent any functionality that controls access to or otherwise protects the App or the Sites. Any attempt to do any of the foregoing is a violation of the rights of Swift and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the App or the Sites in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Swift is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the App or any of the Sites.

V. Site Content

All prices are in local currency. Except where indicated, Australian prices will include GST (Australian Goods and Services Tax)

1. Nature of User Material

Some of the services offered by Swift on the Sites allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material (“a Submission”). You agree not to create any Submission that:

  • contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
  • is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
  • unfairly interferes with any third party's uninterrupted use and enjoyment of the Sites;
  • advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Sites, including, but not limited to, negative reviews posted by competing companies or allegations of health code violations;
  • is intended primarily to promote a cause or movement, whether political, religious or other;
  • contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
  • constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
  • discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
  • infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
  • contains viruses or other harmful, disruptive or destructive files;
  • harms or is inappropriate for minors to view;
  • links to any commercial or other website; and/or
  • is not otherwise in compliance with these Terms of Use.

You understand that by using the Sites, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Sites at your sole risk and that Swift shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.

2. User Representations and Warranties.

Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:

  • you are the author of the Submission, or
  • the Submission is not protected by copyright law, or
  • you have express permission from the copyright owner to use the Submission in connection with the Sites; and
  • you have the right to grant Swift the licence set out in these Terms of Use;
  • your use of the Sites and Submission(s) do not violate these Terms of Use.

3. User Licence Grant to Swift.

You grant Swift, its affiliates, and related entities a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to Swift in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorise Swift to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Swift and its and related entities the right to use any Personally Identifiable Information (as that term is defined in Swift's Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant Swift the right to use the Submission and any facts, ideas, concepts, know-how or techniques ("Information") contained in any Submission or communication you send to Swift for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. Swift does not claim ownership of Submissions.

4. Disclaimer of Responsibility for Material.

Submissions are not endorsed by Swift, and do not represent the views of Swift or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Swift does not control all Submissions, and disclaims any responsibility for such Submissions. Swift specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Swift does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. Swift assumes no responsibility or liability for any errors or omissions in the content of the Sites.

5. Review & Removal of Material.

Swift reserves the right (but disclaims any duty, obligation, or responsibility) to refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions on the Sites for any reason or no reason whatsoever, in its absolute and sole discretion. If you believe in good faith that Submissions posted by the Sites infringe your copyright, you (or your agent) may send Swift a notice requesting that the Submission(s) be removed from the Site(s), or access to it be blocked.

6. Proprietary Rights.

You acknowledge and agree that the Sites contain proprietary information and content that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written permission of Swift.

(a) The App and the Sites and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Swift and/or its licensors own all right, title and interest in and to the App and the Sites (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Swift’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of this License.

(b) Any and all (i) suggestions for correction, change and modification to the App or the Sites and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Swift by you (collectively "Feedback"), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by Swift or otherwise relating to the App or the Sites (collectively, "Revisions"), are and will remain the property of Swift. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the App, the Sites or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Swift and Swift may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Swift any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Swift™s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

7. Enjoyment of Online Service

Swift does not give warrant that the online ordering service or Sites is free from viruses or anything else which may have a harmful effect on any technology.

Additionally, whilst Swift will try to allow uninterrupted access to the online ordering service or Sites, access to the online ordering service or Sites may be suspended, restricted or terminated at any time.

When you are visiting our Sites, we may eventually store so called “cookies” on your computer to offer you a better functionality. These cookies contain pieces of information that help us remember you as our customer including information from your previous orders.

You authorise us and grant your express permission to us to do this.

VI. Termination and Modifications to the Sites

Swift reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.

VII. Indemnity

You agree to indemnify and hold Swift, its parents, licensors, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable legal fees, made by anyone in connection with your use of the Sites, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to the Sites, your violation of these Terms of Use, and any other acts or omissions relating to the Sites.

You indemnify and hold harmless Swift and its officers, directors, employees, shareholders or agents ("Indemnified Parties"), from and against, for and in respect of, any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable legal fees), damages, obligations, deficiencies, and liabilities, which arise or result from or are related to (a) the processing of the alcoholic beverage order; (b) the purchase of the alcoholic beverage(s); (c) the delivery of the alcoholic beverage(s); and, (d) consumption of the alcoholic beverage(s), and/or any consequences which result therefrom.

VIII. Disclaimer of Warranties

The information, content, products, services, and materials available through the Sites (whether provided by Swift, you, other users or other affiliates/third parties), including without limitation, beverage orders, submissions, text, photos, graphics, audio files, video, and links, are provided "as is" and "as available" without warranties of any kind, either express or implied.

To the maximum extent permitted by law, Swift disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.

Nothing in these terms and conditions is intended to exclude, restrict or modify any rights you may have under the Australian Consumer Law or any other legislation which cannot be excluded, restricted or modified by agreement.

IX. Limitation of Liability

You acknowledge Swift makes no representation as to any laws, rules or regulations of the State of Victoria or any other jurisdiction regarding the sale, service, transportation or delivery of alcoholic beverages to a customer/consumer, including you. Swift shall not be liable for any loss or damage arising from your failure to comply with the terms set forth in this Licence or to comply with applicable laws. Swift explicitly reserves the right to refuse access to the Sites at any time without notice for your failure to abide by the terms as set forth in this Licence or to comply with applicable laws.

In no event shall Swift be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if Swift has been previously advised of the possibility of such damages), whether in an action under contract, negligence, or otherwise, in any manner arising out of or in connection with the use, inability to use, performance of, or services provided on or through the sites. Swift assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from the sites. Swift assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, services, or material available on or through the sites, as well as any third party website pages or additional websites linked to this site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

To the full extent permitted by law, any liabilities imposed on us, or implied into these Terms of Use, under any law are hereby excluded. If a jurisdiction allows liability to be limited but not excluded, our total liability is limited to the maximum extent possible.

In processing any alcoholic beverage order(s), neither Swift nor any officer, director, employee, shareholder or agent of Swift shall be liable to the User or any third-party relating to the purchase, sale, delivery and/or consumption of the alcoholic beverage or any consequences which may result thereof.

X. Your account, password, and security

Use of Sites services requires that you register and/or create an account ("Account") or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites' services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Swift has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Swift has the right to refuse any and all current or future use of the Sites (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify Swift of any known or suspected unauthorised use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Swift will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

Swift reserves the right to decline a new Account or to cancel an existing Account at any time.

Swift requires that all accounts must be registered with a regularly accessed, valid personal email address, so that we can communicate with you. We reserve the right to close without notice, any accounts which have been registered with someone else's email address or with temporary email addresses. Users may be required to re-validate their accounts if we believe they have been using an invalid email address.

If any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the website in any way, we reserve the right to close their account(s).

XI. Links

As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with Swift while others are not. Swift is not responsible for the contents of any website pages created and maintained by organizations independent of Swift. Visiting any such third-party website pages is at your own risk. Swift has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Swift. By using the Sites you acknowledge that Swift is responsible neither for the availability of, nor the content located on or through any third-party website pages.

XII. Search Engines

Swift consents to operators of publicly available search engines, such as Google and Yahoo!, to use software applications, such as spiders, to copy materials from the website solely for the purpose of creating publicly available searchable indices of the materials. Swift reserves the right to withdraw that consent in full or in part at any time.

XIII. Vouchers and Promotions

Swift may from time to time offer vouchers, promotions or gift cards to its members free of charge or for value. Swift may from time to time permit participating licensed suppliers to offer their own vouchers or promotions for use in conjunction with ordering their beverages.

Any vouchers, promotions or gift cards offered through the Sites cannot be redeemed or refunded for cash with Swift or use beyond their respective expiry dates.

You are solely responsible for the security of any vouchers, promotions or gift cards that you open through using the Sites. Swift is not responsible for any loss or damage to those vouchers, promotions or gift cards and does not have any obligation to replace them.

Swift has no obligation to redeem any vouchers, promotions or gift cards which appear in its sole opinion to have been tampered with or forged.

XIV. Trademarks

Swift and other marks, logos, and names of Swift.com.au or the Sites, used on or in connection with the Sites (the marks) may not be used in connection with any product or service that is not under Swift's ownership or control. Furthermore, such marks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Swift. All other marks not owned by Swift (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Swift or its affiliates.

XV. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.

XVI. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by Swift in the State of Victoria, Australia. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth and the State of Victoria. Use of the Sites is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use. Swift makes no claims or assurances that the Sites are appropriate or may be downloaded outside of Victoria. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a court located in Melbourne, Victoria, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of the courts of Victoria, Australia.

XVII. General

Enforceability.

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement.

Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of Swift's Privacy Policy, constitute the entire agreement between you and Swift, superseding all prior agreements regarding the Sites.

No Waiver.

The failure of Swift to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction.

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

Nothing in these Terms of Use shall be construed to create a joint venture, partnership or agency relationship between you and Swift and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms of Use. Swift shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms of Use to any person.