Terms and conditions

TERMS AND CONDITIONS

SWYPE GLOBAL LIMITED

INTRODUCTION

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use the app Swypatune and its sister website, myswypatune.com as applicable. The terms also extend to our relevant and associated corporate website swypeglobal.com (Collectively, this app and the referenced websites are referred to hereinafter as Our Site).

Please read these Terms and Conditions carefully and ensure that you understand them; Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first voluntary use of Our Site; If you do not agree to comply with and be bound by these Terms and Conditions, please do not proceed to use Our Site. Supplemental Terms of Use or documents that may be posted on the website from time to time are hereby expressly incorporated herein by reference. In our sole discretion we reserve the right to make changes or modifications to these Terms and Conditions without notifying its users.

1. Definitions and Interpretation

1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

“Content”	means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“System”	means any online communications facility that We make available on Our Site either now or in the future. This may include, but is not limited to, contact forms, email, and live chat; and
“We/Us/Our”	means Swype Global Ltd [, a company registered in England under 10726380, whose registered address is International House Barking, London and whose main trading address is 1 Marischal Square Aberdeen
“Use or User”	An individual who has an account with the website, accesses it and has signed up to the terms and conditions of Swype Global Limited. It also refers to a guest, visitor, or any other person who accesses the website.
“Third Party”	An individual who has an account with the website, accesses it and has signed up to the terms and conditions of Swype Global Limited. It also refers to a guest, visitor, or any other person who accesses the website.

2. Information About Us

     2.1 Our Site, swypeglobal.com; myswypatune.com, is owned and operated by Swype Global Ltd, a limited company registered in England under 10726380, whose registered address is International House Barking, London and whose main trading address is 1 Marischal Square Aberdeen.

3. Access to Our Site

    3.1 Access to Our Site is free of charge.

    3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.

    3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.

4. Intellectual Property Rights

    4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties

    4.2 Subject to sub-Clauses 4.3 and 4.6 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.

    4.3 You may:

        4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);

        4.3.2 Download Our Site (or any part of it) for caching;

        4.3.3 Print pages from Our Site;

        4.3.4 Download extracts from pages on Our Site; and

        4.3.5 Save pages from Our Site for later and/or offline viewing.

    4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.

    4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site for general information purposes whether by business users or consumers.

    4.6 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 Acts Permitted in Relation to Copyright Works, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.

5. Links to Our Site

    5.1 You may link to Our Site provided that:

        5.1.1 You do so in a fair and legal manner;

        5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;

        5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and

        5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.

    5.2 You may not link to Our Site from any other site the content of which contains material that:

         5.2.1 is sexually explicit;

         5.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;

         5.2.3 promotes violence;

         5.2.4 promotes or assists in any form of unlawful activity;

         5.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;

         5.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

         5.2.7 is calculated or is otherwise likely to deceive another person;

         5.2.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;

         5.2.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);

        5.2.10 implies any form of affiliation with Us where none exists;

        5.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

        5.2.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

    5.3 The content restrictions in sub-Clause 5.2 do not apply to content submitted to sites by other users provided that the primary purpose of the site accords with the provisions of sub-Clause 5.2.  You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content.  You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.

6. Links to Other Sites

Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.

7. Use of Our System

    7.1 You may use Our System at any time to contact Us.  Please note the following; you must not:

7.1.1 communicate in a way that is obscene, deliberately offensive, hateful or otherwise inflammatory;

7.1.2 submit information that promotes violence;

7.1.3 submit information that promotes or assists in any form of unlawful activity;

7.1.4 submit information that discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;

7.1.5 submit information that is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;

7.1.6 submit information that is calculated or is otherwise likely to deceive;

7.1.7 submit information that is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;

7.1.8 impersonate any person or otherwise misrepresent your identity or affiliation in a way that is calculated to deceive;

7.1.9 imply any form of affiliation with Us where none exists;

7.1.10 infringe, or assist in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or

7.1.11 submit information in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.

7.2 We may monitor any and all communications made using Our System.

7.3 Any information that you send to Us through Our System may be modified by Us and, by sending us such information, you waive your moral right to be identified as the author of that information.

7.4 Any personal information sent to Us, whether through Our System or otherwise (including but not limited to your name and contact details), will be collected, used and held in accordance with your rights and Our obligations under the law, as set out in Clause 13.

 

8. Disclaimers

8.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only. 

8.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.

8.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.

8.4 No part of Our Site is intended to constitute a contractual offer capable of acceptance.  No goods or services are sold through Our Site and the details of goods OR services provided on Our Site are provided for general information purposes only.

8.5 Where applicable, we make reasonable efforts to ensure that any and all pricing information shown on Our Site is correct at the time of going online.  We reserve the right to change prices at any time and may add or remove special offers and promotions from time to time. 

8.6 Whilst every reasonable effort has been made to ensure that all representations and descriptions of goods OR services available from Us correspond to the actual goods OR services available, minor variations or errors may occur.  In the event of any discrepancy, please send us a message using the trading address provided here..

8.7 We make no representation, warranty, or guarantee that goods OR services shown on Our Site will be available from Us.  Please contact Us if you wish to enquire as to the availability of any goods OR services.

9. Our Liability

9.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.

9.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.

9.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.

9.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.

9.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.

9.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

10. Viruses, Malware and Security

10.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.

10.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

10.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

10.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

10.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

10.6 By breaching the provisions of sub-Clauses 10.3 to 10.5 you may be committing a criminal offence under the Computer Misuse Act 1990.  Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.

11. Acceptable Use Policy

11.1 You may only use Our Site in a manner that is lawful.  Specifically:

11.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;

11.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;

11.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and

11.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.

11.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 11 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:

11.2.1 suspend, whether temporarily or permanently, your right to access Our Site;

11.2.2 issue you with a written warning;

11.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;

11.2.4 take further legal action against you as appropriate;

11.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or

11.2.6 any other actions which We deem reasonably appropriate (and lawful).

11.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.

 

12. Privacy and Cookies

Use of Our Site is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms and Conditions by this reference.

 

13. Data Protection

13.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of UK General Data Protection Regulation (“GDPR”) and Data Protection Act 2018.

13.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy and Cookie Policy.

 

Registration, password and security procedures

You must provide true, current and complete information in your dealings with us especially when setting up an account and must promptly update that information as required so that the information remains true, current and complete at all times.

Certain areas of this website are restricted to logged in users and permitted persons only. If you log in with a user ID and password to enable you to access restricted areas of this website or other content or services, such user ID and password are confidential and must be treated as such. Consequently, you must:

1. keep same secure and confidential.
2. immediately notify us if you become aware of any disclosure or unauthorized use of your User ID by sending an email to myswpatune@swypeglobal.com.
3. Where your access and use are on behalf of another person (e.g. a company), you confirm that you are authorized to, and do agree to these Terms on that person’s behalf and by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
4. You shall be liable for and shall indemnify us against all loss suffered as a direct or indirect result of action(s) or inaction(s) traced to your account, including those caused by a person who accesses and uses this Website by using your User ID.

 

User eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the website.

 

Updates

 

Updates

We reserve the right, at our sole discretion, to modify or replace these Terms from time to time by updating them on the Site. Unless stated otherwise, any change takes effect immediately. If there are any material changes, we will notify you of these changes on the website. What constitutes a material change will be determined at our sole discretion. You are therefore responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the website, you agree to be bound by the changed Terms.

 

Termination

You agree that, without notice, we may terminate these Terms and Conditions, or suspend your access to the Service or the Content, with or without cause at any time and effective immediately. These Terms and Conditions will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of these Terms and Conditions. We shall not be liable to you or any third party for the termination or suspension of the Service or the Content, or any claims related to such termination or suspension.

 

Entire agreement

These Terms constitute the entire agreement between you and Swype Global Ltd in relation to your use of this website, and supersede all prior agreements and understandings.

 

Governing law

These Terms of Use shall be governed by and construed in accordance with the Laws of England and Wales, without reference to principles of conflict of laws. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

 

Severability/waiver

If any provision of this Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then the provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.

The failure of Swype Global Limited at any time to enforce your non-performance of any provisions of this Agreement shall in no way affect Swype Global Limited rights thereafter to enforce the same, nor shall the waiver by Swype Global Limited of any breach of any provision hereof be held to be a waiver of any other breach of the same or any other provision.

 

Indemnification

You will indemnify and hold harmless Swype Global Limited and Third Party , and the officers, directors, agents, partners, employees, licensors, distributors, and representatives of Swype Global Limited and the Third Party, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Third Party Content), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property in connection with the service; or violation of any applicable law.

1. Communications from Us
   1. 1. If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
      2. We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to three business days for your new preferences to take effect.
      3. For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@swypeglobal.com or via contact form on webpage.

 

15. Changes to these Terms and Conditions

15.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.

15.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.

 

16. Contacting Us

To contact Us, please use Our System, email Us at hello@swypeglobal.com, or using any of the methods provided on Our website page.

 

17. Law and Jurisdiction

17.1  These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

17.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.

17.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

17.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the non-exclusive jurisdiction of the courts of England & Wales.