Terms & Conditions

1 - General

(a) The website at swifta.systems or swifta.com.au (Website) is owned and operated by Swifta Pty Ltd ACN 684 715 179 (we, our or us). These terms and conditions (Terms of Use) apply to your access and use of the Website.

(b) By accessing, or using the Website, you agree to comply with these Terms of Use, as published on the Website and updated by us from time to time.

(c) Any changes to the Terms of Use will be posted on the Website, and your continued use of the Website signifies your agreement to those changes effective from the date specified in the notice.

2 - Your obligations

(a) You agree:

(i) to provide and maintain accurate and up-to-date information pertaining to your full name, email address and mobile phone number (where applicable);

(ii) you are responsible for securely maintaining the confidentiality of your account credentials, as well as for all activities that occur via your account;

(iii) to protect your account and account credentials from unauthorised access or use and to notify us immediately if you lose your password or if any unauthorised access occurs;

(iv) you are responsible for all data you upload to the Website including that it complies with these Terms of Use;

(v) to use the Website in good faith and only for learning about our products or services and assessing their suitability in addressing your business needs (Permitted Purpose);

(vi) to comply with these Terms of Use, and all applicable laws and regulations in your use of the Website.

(b) You must not, in your use of the Website:

(i) use the Website for any purpose other than the Permitted Purpose;

(ii) resell or commercialise the Website or its contents in any form unless expressly authorized by us;

(iii) use the Website to upload or transmit any illegal, harmful, or inappropriate content;

(iv) do anything which is fraudulent or unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any rights of others;

(v) post commercial advertisements or promotional material;

(vi) distribute malware, viruses or any other computer code, files or programs of a destructive or deceptive nature; or

(vii) scrape or harvest information from the Website for commercial purposes without our prior consent.

(c) You must not (and must not allow a third party to) access the Website in a manner that:

(i) abuses or materially disrupts any aspect of our users, the networks, security systems or the Website;

(ii) interferes with the use of the Website by other users;

(iii) stores the fingerprint, faceprint or similar biometric identifier, passcode or other account credentials of any other person for identity authentication purposes relating to the Website;

(iv) generates or facilitates unsolicited and unauthorised advertising or marketing communications;

(v) violates or facilitates the violation of our legal rights or those of our associates, suppliers or licensors, or of another user of the Website;

(vi) constitutes data collection or data mining activities on or in respect of the Website without our prior written consent other than as authorised under these Terms of Use for the purpose of utilising the Website;

(vii) seeks to remove, alter, obscure or otherwise degrade watermarks or similar security measures that appear on images available on the Website;

(viii) constitutes conduct that is misleading or deceptive, or contravenes any applicable law; or

(ix) otherwise constitutes abuse or inappropriate use of the Website, in our sole discretion.

(d) We reserve our right to suspend your access to the Website if, in our sole opinion, you breach your obligations or post comments which are abusive to other users.

3 - Privacy; Customer data collection

(a) You acknowledge that we will collect and handle your personal information in accordance with applicable privacy laws and our privacy policy, available on our Website.

(b) You warrant that you have obtained consent from any individuals whose personal information is uploaded by you or on your behalf to the Website, for that personal information to be used by and disclosed to us for the Permitted Purpose and our provision of the Website to you.

4 - Intellectual property rights

(a) You acknowledge that all legal rights, title and interest in and to the Website and its content are owned by us and our licensors, and that nothing in these Terms of Use constitutes a transfer of assignment of intellectual property rights by us.

(b) You must not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, scrape, or interface (without our permission), or otherwise attempt to derive data from the Website.

5 - Availability

(a) In this paragraph 5:

Exceptional Circumstance means a circumstance beyond the reasonable control of the parties which results in a party being unable to observe or perform on time an obligation under these Terms of Use. Such circumstances include, but are not limited to:

(i) adverse changes in government regulations;

(ii) any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;

(iii) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;

(iv) strikes or industrial disputes; and

(v) acts or omissions of any third party network providers (such as internet, telephony or power provider).

(b) We make no warranty, and have no obligation to ensure that, the Website is:

(i) available for use at any given time;

(ii) compatible with the computing platform, third party software or chosen internet browser you choose to access the Website; or

(iii) error-free.

(c) We and our third-party associates, suppliers or licensors do not, and are not obligated to, provide any technical or other support for the provision of the Website under these Terms of Use.

(d) We may temporarily suspend or terminate (in part or in whole), and without prior notice to you, your access to the Website if:

(i) there is a malfunction, fault or breakdown of any of our (or our contractors) equipment or if we (or our contractor) needs to do any repairs, maintenance or service on any part of the Website;

(ii) we are required by law to do so;

(iii) an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the Website;

(iv) if someone claims the Website (or our provision of the Website) infringes the intellectual property rights of any person;

(v) if someone brings a claim that exposes us to liability or prosecution for an offence or liability to a statutory prosecution; or

(vi) if we determine you are in breach of these Terms of Use, including where we determine you have failed to meet your

obligations under paragraph 3, and a suspension or termination for any of these reasons will not affect any right which accrue prior to, or after, suspension or termination of our obligations under these terms.

(e) You acknowledge and agree that:

(i) access to the Website may occasionally be limited due to scheduled maintenance; and

(ii) access to the Website is reliant upon various factors outside our control, including, without limitation, events of Exceptional

Circumstance, your internet service provider, telecommunications provider or equipment used to access the Website. While we will use reasonable endeavours to ensure you have continuous access to the Website, we will not be liable to you or any other person for any claim or to any other extent for loss or damage caused by such factors.

(f) You will have no claim against us in respect of loss of access or functionality to the Website.

6 - Warranties

You warrant to us that:

(a) you have full power and authority to enter into these Terms of Use;

(b) all information that you provide to us whether directly or through the Website is true, accurate and complete;

(c) you will not allow any unauthorised access to the Website, and you will notify us immediately upon becoming aware of any unauthorised access or use of the Website or your account credentials; and

(d) you will comply with any applicable laws, standard or regulations in respect of your access to or use of the Website.

7 - Your liability

(a) You acknowledge that use of the internet carries inherent risks and you agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Website or other content contained therein. It is your responsibility to determine whether the content on the Website is suitable for you.

(b) If you breach these Terms of Use, in addition to any other remedies we may have, you are responsible for all duties, charges and legal fees (on a solicitor/ own client basis) we incur in enforcing our rights.

(c) Any termination of these Terms of Use (or any component thereof) will be without prejudice to our rights to seek and obtain damages for any breach of these Terms of Use you.

8 - Disclaimer; Our liability

(a) The Website is intended for use within Australia. We do not guarantee that the Website is appropriate for use in other jurisdictions, and it is your responsibility to comply with local laws.

(b) We provide the Website on an "as is" basis and makes no warranties regarding its uninterrupted availability or fitness for a specific purpose. To the full extent permitted by law, we exclude all implied warranties and representations unless otherwise stated to the contrary in these Terms of Use.

(c) You acknowledge and agree that the Website contains general information and may include material from many different sources. We make no representation and do not warrant that the information provided on the Website is complete, accurate or current. You must take reasonable steps to verify any information on the Website (including availability, eligibility requirements, or fitness for purpose).

(d) You agree that we provide the Website only, and we are not responsible or liable to you or any third party for the actions or inactions of another user in relation to you.

(e) You acknowledge and agree that our ability to provide the Website is subject to:

(i) you complying with your obligations under these Terms of Use; and

(ii) your third party hardware and software (including browser of choice) meeting the minimum operating requirements for the Website, as may be detailed on the Website and updated from time to time.

(f) We will not be liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of interactions with third parties on the Website.

(g) We will not be liable for any indirect, special, or consequential damages arising from your use of the Website.

(h) To the full extent permitted by law:

(i) we exclude all liability in respect of any loss of access, data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages;

(ii) we exclude all warranties and representations (express and implied) unless otherwise stated to the contrary in these Terms of Use; and

(iii) in no event will our total aggregate liability under these Terms of Use (whether in contract, under a right of indemnity, tort or statute) exceed $10.

9 - Indemnity

(a) You agree to indemnify us, our officers and employees or agents from and against any loss, claim, liability, cost or expense incurred by us in respect of a third party claim arising from or in any way related to:

(i) your use of the Website;

(ii) your breach of these Terms of Use;

(iii) your infringement or alleged infringement of a third party’s intellectual property rights; or

(iv) your violation of applicable laws, rules or regulations in connection with your use of the Website.

(b) We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

10 - Miscellaneous

(a) These Terms of Use are governed by and will be construed in accordance with the laws of Queensland, Australia, and any dispute will be determined by the courts of Queensland or courts having jurisdiction to hear appeals from those courts.

(b) These Terms of Use constitute the entire agreement between the parties and supersede all prior agreements.

(c) We may assign, transfer or novate any of our benefits, rights or obligations under or relating to these Terms of Use without your consent.

(d) If a provision of these Terms of Use is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

(e) You agree that we may use ay feedback you provide to us for making improvements to the Website without compensation to you.

(f) We have no obligation to backup or otherwise retain data on the Website relating to your account and your interactions with us or other parties via the Website.