- The service provided at www.swiftcomply.com (the “Website”) is an online environmental regulation & management services system designed especially for food service businesses (the “Service”). The Service is provided by SwiftComply TopCo Limited, a limited liability company registered in Ireland under company number 582983 and having registered offices at 31 Francis Street, D08 YHW1, Dublin, Ireland and having the registered business name SwiftComply (“SwiftComply”, “us”or “we”).
- SwiftComply reserves the right to change the Service and these Terms at any time, effective upon the posting of modified terms on the Website and we will make reasonable efforts to communicate these changes to you via email or notification on the Website. It is your obligation to ensure that you have read, understood and agree to the most recent terms available on the Website.
- Availability of the Service
- SwiftComply grants you a temporary, non-exclusive, non-transferable, revocable, non-sublicensable, personal licence to use the Service via the Website with the particular user roles available to you according to your subscription type subject to these Terms.
- The Service is made available on a temporary and purely voluntary basis. SwiftComply does not guarantee that the Service will always be available or that its availability will be uninterrupted. SwiftComply may suspend, withdraw, discontinue or change all or any part of the Service without notice. SwiftComply will not be liable to you if for any reason the Service is unavailable at any time or for any period. If for any reason SwiftComply must interrupt the Services for longer periods than SwiftComply would normally expect, we will use reasonable endeavours to publish in advance details of such activity on the Website.
- Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes, file and data storage allocations and the number of calls you are permitted to make against SwiftComply’s application programming interface. Any such limitations will be specified within the Service.
- Information and User Data
- Any information of any type (including environmental regulation and management information) which is obtained from the Service is presented to you for guidance purposes only and should not be relied on. SwiftComply does not: (i) warrant the accuracy, comprehensiveness, or utility of any information obtained from the Service; or (ii) assume, endorse or accept responsibility for the accuracy or reliability of any such information.
- Under no circumstances will SwiftComply be responsible for any loss or damage resulting from your reliance on information or other content obtained through the Service.
- The information which you obtain by using the Service will be determined to a large extent to the data which you input (the “Data”). We encourage users to evaluate the accuracy, relevance and completeness of their results themselves and where necessary seek appropriate expert advice.
- Registration Information
- If you register to use the Services you may be required to complete a registration process. You represent and warrant that all user information which you provide during the registration process is complete and accurate.
- You will also be asked to provide a user name and password (“Registration Information”) in connection with your use of the Services. You are responsible for maintaining the confidentiality of this password. You may not use the Registration Information of any other user at any time save to the extent that such use is with the authority of the person or entity on whose behalf you are using the Services and in accordance with these Terms. You agree to notify SwiftComply immediately of any unauthorised use of your Registration Information. SwiftComply will not be liable for any loss that you incur as a result of someone else accessing the Service using your Registration Information. You are responsible for all activity which takes place using your Registration Information (including where your Registration Information is used by a third party).
- Your Obligations
- General obligations
You must only use the Service and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by SwiftComply or condition posted on the Website.
- Access conditions
As a condition of these Terms, when accessing and using the Services, you must not:
- attempt to undermine the security or integrity of SwiftComply′s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
- use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
- attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
- transmit, or input into the Website, any
- files that may damage any other person’s computing devices or software
- content, material or Data that may be offensive or in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use); and
- attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
- Communication Conditions
- As a condition of these Terms, if you use any communication tools available through the Website (such as any forum, chat room or message centre), you agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to) offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which you do not have the right to use).
- When you make any communication on the Website, you represent that you are permitted to make such communication. SwiftComply is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, you must exercise caution when using the communication tools available on the Website. However, SwiftComply does reserve the right to remove any communication at any time in its sole discretion.
- You indemnify SwiftComply against all claims, costs, damage and loss arising from your breach of any of these Terms or any obligation you may have to SwiftComply including but not limited to legal costs and fees, arising out of or relating to:
- your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement;
- your access to or use of the Website and Services; or
- your violation or alleged violation of any copyright, trademarks, or other intellectual property or proprietary rights.
- You will indemnify SwiftComply against any claims or loss relating to
- SwiftComply′s refusal to provide any person access to your information or Data in accordance with this Agreement; and
- SwiftComply’s making available information or Data to any person with your authorisation.
- Unless the relevant party has the prior written consent of the other or unless required to do so by law each party will preserve the confidentiality of all confidential information (“Confidential Information”) of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms. Each party’s obligations under this clause will survive termination of these Terms.
- The provisions of this clause shall not apply to any information which:
- is or becomes public knowledge other than by a breach of this clause;
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
- is independently developed without access to the Confidential Information.
- Intellectual Property
Title to, any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered (“Intellectual Property Rights”) in the Services, the Website and any documentation relating to the Services remain the property of SwiftComply (or its licensors). You acknowledge and agree that you have no rights whatsoever in any of the intellectual property associated with the Service (or its output).
- Ownership of Data
Title to, and all Intellectual Property Rights in, the Data remain your property. You grant SwiftComply a licence to use, copy, transmit, store, and back-up your information and Data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of services to you.
- Backup of Data
You must maintain copies of all Data inputted into the Service. SwiftComply adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. SwiftComply expressly excludes liability for any loss of Data no matter how caused.
- Third-party applications and your Data
If you enable third-party applications for use in conjunction with the Services, you acknowledge that SwiftComply may allow the providers of those third-party applications to access your Data as required for the interoperation of such third-party applications with the Services. SwiftComply shall not be responsible for any disclosure, modification or deletion of your Data resulting from any such access by third-party application providers.
- Warranties And Acknowledgements
- You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms. You warrant that you are authorised to access the information and Data that you input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service.
- SwiftComply gives no warranty about the Services. Without limiting the foregoing, SwiftComply does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
- SwiftComply does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. SwiftComply is not in any way responsible for any such interference or prevention of your access or use of the Services.
- You acknowledge that:
- the provision of, access to, and use of, the Services is on an “as is” basis and at your own risk;
- SwiftComply has no responsibility to any person other than you and nothing in these Terms confer, or purport to confer, a benefit on any person other than you. If you use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that you are responsible for authorising any person who is given access to information or Data, and you agree that SwiftComply has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address;
- SwiftComply is not your environmental compliance or food safety consultant and use of the Services does not constitute the receipt of environmental compliance or food safety advice. If you have any environmental compliance or food safety questions, please contact a specialist in the relevant area;
- it is your sole responsibility to determine that the Services meet the needs of your business and are suitable for the purposes for which they are used; and
- you remain solely responsible for complying with all applicable accounting, tax and other laws. It is your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
- Consumer guarantees
You warrant and represent that you are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
- Limitation Of Liability
- To the maximum extent permitted by law, SwiftComply excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
- If you suffer loss or damage as a result of SwiftComply′s negligence or failure to comply with these Terms, any claim by you against SwiftComply arising from SwiftComply′s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to €50.
- If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms in accordance with Clause 11.
- Trial policy
When you first sign up for access to the Services you can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services.
- If you:
- breach any of these Terms and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied; or
- breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 5, then
- SwiftComply may take any or all of the following actions, at its sole discretion:
- Terminate this Agreement and your use of the Services and the Website;
- Suspend for any definite or indefinite period of time, your use of the Services and the Website;
- Take either of the actions in sub-clauses (i) and (ii) of this clause 11.2 in respect of any or all other persons whom you have authorised to have access to your information or Data; or
- Suspend or terminate access to all or any Data.
- Accrued Rights
- Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement you will:
- remain liable for any accrued charges and amounts, howsoever arising, which become due for payment before or after termination; and
- immediately cease to use the Services and the Website.
- Expiry or termination
Clauses 5, 6, 7, 8, 9, 10 and 13 survive the expiry or termination of these Terms.
- Help Desk
In the case of technical problems you must make all reasonable efforts to investigate and diagnose problems before contacting SwiftComply. If you still need technical help, please check the support provided online by SwiftComply on the Website or failing that email us at firstname.lastname@example.org
- Entire agreement
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
- No Assignment
You may not assign or transfer any rights to any other person without SwiftComply′s prior written consent.
- Logo and company name
SwiftComply reserves the right to publish your logo on the SwiftComply website, unless an agreement between you and SwiftComply explicitly prohibits such publication.
This Agreement shall be governed by and construed in accordance with the laws of Ireland and subject to the jurisdiction of the Courts of Ireland.
- Governing law and jurisdiction
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to SwiftComply must be sent to support@SwiftComply.com or to any other email address notified by email to you by SwiftComply. Notices to you will be sent to the email address which you provided when setting up your access to the Service.
- Rights of Third Parties
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
These Terms were last updated on 17th May 2015.