EFFECTIVE DATE: 30th AUGUST 2017

 

Introduction

This Agreement together with any documents referred to in them (collectively the Agreement) tell you the terms on which you may make use of our main website www.swiftcomply.com and any related domains or sub-domains (the Website) whether as a visitor or a registered user, and the connection and comparison service that we provide through them (collectively, www.swiftcomply.com).

 

Please read this Agreement carefully before you start to make any use of www.swiftcomply.com, as they will apply to your use of it (although please note that they will not apply to any third party services you request through www.swiftcomply.com).

 

By using www.swiftcomply.com, you confirm that you have read and accepted this Agreement and that you agree to comply with and be bound by them. If you do not agree to them, you must not use www.swiftcomply.com.

 

We provide a service which enables the user (You) to compare a number of prices and availability for services from service providers connected to www.swiftcomply.com.   We do not provide advice in relation to the services compared, nor do we provide a recommendation or endorsement.

 

When it comes to our service providers, we do not choose favourites.  We offer impartial and independent comparison and our results are always ranked alphabetically.

 

We partner with owners of sewer networks and regulatory bodies which include water companies, municipal authorities and local government bodies (collectively Authorities).  We share data related to your account that you or a service provider working on your behalf create on www.swiftcomply.com with these Authorities to demonstrate compliance.

 

Other applicable terms

This Agreement refers to our privacy and cookie policy, which sets out the terms on which we process any data we collect from You or that you provide to Us, as well as information about the cookies and/or other similar technologies (for example, analytics) we use. By using www.swiftcomply.com, You consent to such processing and You warrant that all data provided by you is accurate.

 

When You become a registered user of www.swiftcomply.com you may be provided to specific terms relevant to your jurisdiction.

 

We may also agree specific terms that are specific to our contract with you and this Agreement will always form part of our contract with you.

 

Information about us and how to contact us

www.swiftcomply.com is a technology platform, accessed through the Website, that connects users (such as You) with third party service providers of waste services and certain other services as listed on the Website. It enables you to compare prices and engage a service provider in your area for the provision of those services.

 

www.swiftcomply.com is operated and owned by SwiftComply TopCo Limited (We or Us). We are a limited company registered in Ireland under company number 582983 and have our registered office at 31 Francis Street, Dublin 8, D08 YHW1, Ireland. Our main trading address is at 30/31 Francis Street, The Liberties, Dublin 8, D08 YHW1, Ireland and our VAT number is 3419869MH.

 

If you wish to contact Us in writing, have a complaint or are required to give us notice in writing, you can send this to us by email at hello@swiftcomply.com or by pre-paid post to our main trading address referred to above. If we have to contact you or give you notice in writing, we will do so by email to any email address you provide to us.

 

Our Services

We provide the platform that allows users to compare prices and connect with service providers to order services.  We do not, ourselves, provide any waste management services or other services of the type listed on the Website as being provided by service providers and any contract for the provision of those services is between you and the relevant service provider (and not us). It is up to the relevant service provider to perform any services you request through www.swiftcomply.com and you agree to comply with any terms of service that apply between you and the relevant service provider.

 

We do not contract service providers and, unless otherwise specified in this Agreement, we are not responsible for (and make no representations, warranties or guarantees as to) the behaviour, acts or omissions of any service providers you engage through www.swiftcomply.com or the quality of the services they provide.

 

If you have a complaint in relation to the services provided by a service provider, that complaint must be taken up with the service provider directly. If you are unable to resolve a dispute with a service provider or you cannot come to an agreement with a service provider, please contact us and we will use our reasonable endeavours to try to resolve the dispute.

 

We do take reasonable measures to ensure the suitability and quality of the service providers, including, without limitation, conducting interviews, verifying insurance documents and waste licences and reviewing certain policies and procedures. However, you acknowledge that, in carrying out any checks, we may be reliant on information supplied by third parties and we cannot guarantee that such information is accurate. We also cannot guarantee that any particular service provider is suitable for your purposes and you use service providers at your own risk, although we may remove a service provider from www.swiftcomply.com on the basis of any feedback you or other users provide in relation to that service provider if we deem it appropriate, but are under no obligation to do so.

 

Data Usage

We will take all necessary measures to protect your In accordance with our privacy and cookies policy.

 

For you to receive services booked on the Website, we must share your data with the Service Provider selected so that they can attend your site and deliver the required service.  The process of booking and completing the service generates certain information including but not limited to: the type, number and location of grease traps at your premises; the type, number and location of other kitchen equipment; the date of the service; the time of the service; the next service due date; and, before and after photographs of your grease trap or kitchen equipment.  This information will be stored on our Website and used to provide you with a better service.  This information will also be shared with the relevant Authority or their agent who may rely on the information for judging compliance to the extant regulation.

 

Changes to this Agreement and updates to the Website

We may revise this Agreement at any time and you should check this Agreement from time to time to take notice of any changes we have made, as they are legally binding on you. We may also notify you of any changes by email. If you do not agree to any such changes, stop using www.swiftcomply.com.

 

This Agreement were last updated on 30th August 2017.

 

We may (but are under no obligation to) update or change the content on the Website at any time.

 

Some of the provisions contained in this Agreement may also be superseded by provisions or notices published elsewhere on www.swiftcomply.com or given to you in writing.

 

Accessing www.swiftcomply.com

The Website is made available free of charge.

 

We make no representations, warranties or guarantees, whether express or implied, that www.swiftcomply.com or any content on it: (i) will always be available or be uninterrupted; (ii) will be error-free, accurate, complete or up-to-date; or (iii) will be secure or free from bugs or viruses.

 

Access to www.swiftcomply.com is permitted on a temporary basis and we may suspend, withdraw, discontinue or change all or any part of it without notice. We will not be liable to you if, for any reason, www.swiftcomply.com is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to access www.swiftcomply.com (including configuring your information technology) and you should use your own virus protection software.

 

Registration and security

Use of, and access to, certain parts of www.swiftcomply.com may require you to register with us. If you wish to register, you must complete all of the fields on the relevant registration page.

 

You must not create your own www.swiftcomply.com account using an email address other than your own or one that you are permitted to use and, if you know or suspect that someone other than you has successfully registered to use www.swiftcomply.com using your email address, you must notify us immediately at hello@swiftcomply.com.

 

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party or allow any third party to use or access your account. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of this Agreement.

 

You may not authorise others to access www.swiftcomply.com using your username and password and you may not assign or otherwise transfer your account to any other person or entity. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at hello@swiftcomply.com and change your password.

 

You are responsible for all acts and omissions of any third parties who use your username or password to access www.swiftcomply.com, whether fraudulently or not, and you agree to reimburse us on demand for any loss we suffer as a result of such use.

 

By registering with www.swiftcomply.com you provide us with permission to use data relating to your address and the type and location of your grease trapping systems or other equipment that is relevant to be able to offer you services from the service provider.

 

Pricing and payment

We do not control the price, length of offers, or special conditions relating to pricing.  These are set by product and by service providers.  Service providers’ prices, rates and offer times are updated and amended on a regular basis so pricing can be subject to change.  We collect the fee due to the service provider as agent for, and on behalf of, the service provider.

 

Payment processing services for users and service providers on www.swiftcomply.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this Agreement or continuing to operate as a user or service provider on www.swiftcomply.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of www.swiftcomply.com enabling payment processing services through Stripe, you agree to provide www.swiftcomply.com accurate and complete information about you and your business, and you authorize www.swiftcomply.com to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

When you first request the services of a service provider, you will be asked to provide us with valid credit or debit card payment details to pay for the services you request.  You will be charged in advance for all services.  The card details provided by you will be held by Stripe

 

There may be instances where a service provider is not able to successfully complete a service, for reasons including, without limitation, that the service provider does not have access or permission to work at the location you provided, that the location does not meet health and safety or access requirements or that the information you provided is inaccurate or incomplete. In such instances, you may be charged a minimum fee or cancellation fee.  If we are informed by the service provider that there are additional charges to pay, we will take payment of the balance following completion of the services.

 

If any amount due from you remains unpaid, we reserve the right: (i) to charge reasonable administration costs; (ii) to charge interest (both before and after judgment) on the outstanding amount at the rate applicable to judgment debts under the Late Payment of Commercial Debts (Interest) Act 1998; (iii) to arrange for any further bookings made by you to be suspended; and/or (iv) to take such other action as we deem appropriate, including, without limitation, immediate, temporary or permanent withdrawal of your right to use Www.swiftcomply.com.

 

All fees will be shown excluding VAT or sales tax which will be added when payment is processed at the prevailing rate.

 

Booking process and cancellation

Bookings can only be made on a one-off basis 48 hours in advance.  When you make a booking, we will confirm your booking via email.

 

If you decide to cancel a booking, you may do so with no charge via the Website provided you cancel no less than 24 hours before the scheduled start time.  If you cancel within 24 hours of the scheduled start time, you will be charged the full cost of the services ordered which will be charged to your registered credit or debit card;

 

Cancellations direct with the relevant service provider are not permitted and will not be accepted.

 

If a booking is cancelled by the service provider or if the service provider fails to attend the agreed location to provide the services requested, you must notify us within 72 hours following the scheduled start time and, if still required, make another request for the relevant services to be provided by the service provider (or another service provider). If we have already taken payment, we will offer you a full refund in respect of the relevant amount if you do not wish to rearrange the booking.  You agree to hold us harmless from any liability that may result from the cancellation.

 

Termination

We may terminate this Agreement or terminate or suspend your account immediately at any time for any reason or for no reason upon notice to you. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending you’re account, we reserve the right to pursue any available legal action. When terminating your account, we may delete the account and any information in it. You have no ownership rights to your account.

 

You may terminate this Agreement by completely and permanently ceasing to use www.swiftcomply.com (provided that there are no outstanding service orders). If you attempt to terminate this Agreement while there are still outstanding service orders, this Agreement shall not terminate until such services have been performed or otherwise cancelled as permitted by this Agreement.

 

Service Providers

You agree to treat service providers courteously and lawfully and to provide a safe and appropriate working environment for them in compliance with all applicable laws and regulations. You also agree to provide them with all reasonable information and co-operation required to enable them to provide the services you have requested.

 

You acknowledge that your preferred service provider, if you have one, may be unavailable from time to time, whether due to illness or vacation or through ceasing to use www.swiftcomply.com.

You agree, for so long as the Agreement between you and us is in force and for a period of twelve months thereafter, not to book the services of, or engage, any service provider you have used, or whose contact details you have received from us, other than via www.swiftcomply.com.

 

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in www.swiftcomply.com and in the material published on it. You acknowledge that you have no rights in or to www.swiftcomply.com or the technology used or supported by it other than the right to use it in accordance with this Agreement. If you use any part of www.swiftcomply.com in breach of this Agreement, your right to use www.swiftcomply.com will cease immediately.

 

You must not use any part of the content on www.swiftcomply.com for commercial purposes without obtaining a licence or other written consent to do so from us or our licensors.

 

“www.swiftcomply.com” is a registered trademark of SwiftComply TopCo Limited. We reserve all rights in these trademarks, the www.swiftcomply.com domain name and all related domains and sub-domains and any other logos, service marks, brand names, trading names and/or trademarks appearing anywhere on www.swiftcomply.com and nothing in this Agreement should be construed as granting any licence or right to use any of such trademarks or domain names.

 

Other trademarks, products and company or brand names mentioned on www.swiftcomply.com may be the trademarks of their respective owners or licensors and all rights in such trademarks are reserved to their respective owners or licensors.

 

Liability

You acknowledge that www.swiftcomply.com has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of www.swiftcomply.com meet your requirements.

 

You may only use www.swiftcomply.com for lawful purposes. You may not use it:

 

You also agree:

 

Unless otherwise specified in this Agreement, we will only be liable to you for any loss or damage (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under, or in connection with, your use of, or inability to use, www.swiftcomply.com if such loss or damage is a foreseeable result of our breach of this Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach of this Agreement or our negligence or if it was reasonably contemplated by you and us at the time of the agreement between us coming into effect as a possible result of such breach or negligence.

 

Our maximum aggregate liability under, or in connection with, this Agreement (including your use of www.swiftcomply.com) whether in contract, tort (including negligence) breach of statutory duty or otherwise, shall in all circumstances be limited to the service fee paid by you to us during the 12 month period immediately prior to the liability arising.

 

We will not be liable for: (i) loss of profits, sales, business or revenue; (ii) business interruption; (iii) loss of anticipated savings or interest; (iv) loss of business opportunity; (v) loss of or damage to data; (vi) loss of or damage to reputation or goodwill; or (vii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to www.swiftcomply.com or any content on it, whether express or implied.  You agree not to use www.swiftcomply.com for any resale purposes and, if you do, we have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

 

We will not under any circumstances be liable for:

 

Nothing in this Agreement excludes or limits our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation or any other liability that cannot be excluded or limited by Irish law.

 

Linking to the Site

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to the homepage in any website that is not owned by you or in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.

 

We reserve the right to withdraw linking permission without notice.  If you wish to make any use of any content on the Website other than that set out above, please contact us at hello@swiftcomply.com.

 

Links to third party websites and resources

The Website may contain logos and/or brand names of third parties, and/or links (such as hyperlinks) to third-party websites. Such brands, logos, and links do not constitute our endorsement of those parties, sites or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and are not responsible for their availability or accuracy, or content, advertising, or products or services. The existence of links on the Website to such websites (including without limitation external websites that are framed by www.swiftcomplycom as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or have any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites. We expressly disclaim any liability arising in connection with your use and/or viewing of any websites, others’ brands or logos, or other material associated with links, logos or brand names that may appear on the Website. You hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the Website.

 

Events outside our control

We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of our obligations under this Agreement that is caused by any event or circumstance beyond our reasonable control, including any failure of public or private telecommunications networks or any delays or latency due to your physical location or your wireless data service provider’s network.

 

Other important terms

We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement.

 

You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.

 

If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

 

Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

 

This Agreement is not intended to confer rights on anyone other than you and us.

 

Applicable law

This Agreement, its subject matter and formation are governed by Irish law and subject to the exclusive jurisdiction of the Irish courts.

 

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdictions preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.