THIS FOLLOWING USER AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH SWIFTLY HOLDINGS, INC. OFFERS YOU ACCESS TO THE SWIFTLY PLATFORM.
These terms of service constitute a legally binding agreement (the “Agreement”) between you (“you,” “user” or “your”) and Swiftly Holdings, Inc. (“ Swiftly”,“Swiftly Platform,” “we,” “us” or “our”), an American company Incorporated in the State of Delaware, governing your use of the Swiftly application, website, and technology platform (collectively, the “Swiftly Platform”).
Swiftly provides a platform where persons who seek to ship goods to certain destinations can be matched with other persons and Freight forwarders for consolidated shipping by Road, Sea or Air, access Freight forwarding associated services. Users of this platform shall create an account that enables such users to access the Swiftly Platform.
SWIFTLY DOES NOT PROVIDE TRANSPORTATION OR COURIER SERVICES, AND SWIFTLY IS NOT A TRANSPORTATION CARRIER. IT IS UP TO THE USER TO DECIDE WHETHER OR NOT TO COLLABORATIVELY SHIP GOODS, ENTRUST GOODS TO ANOTHER TO BE DELIVERED, OR EMPLOY THE SERVICES OF ANOTHER THROUGH THE SWIFTLY PLATFORM. IT IS UP TO THE USER TO DECIDE WHETHER OR NOT TO ACCEPT OR PROVIDE A SERVICE FROM ANOTHER USER MATCHED THROUGH THE SWIFTLY PLATFORM. ANY DECISION BY A USER TO OFFER OR ACCEPT SERVICES ONCE SUCH USER IS MATCHED THROUGH THE SWIFTLY PLATFORM IS A DECISION MADE IN SUCH USER’S SOLE DISCRETION. EACH SERVICE PROVIDED OR RECEIVED BY A USER TO ANOTHER USER, INCLUDING FREIGHT FORWARDERS SHALL CONSTITUTE A SEPARATE AND BINDING AGREEMENT BETWEEN SUCH PERSONS.
By creating your User account and using the Swiftly Platform, you expressly acknowledge that you understand this Agreement and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SWIFTLY PLATFORM OR THE SERVICES.
We reserve the right to modify the terms and conditions of this Agreement at any time after which notice about the review will be given on the Swiftly Platform. You are responsible for regularly reviewing this Agreement. Continued use of the Swiftly Platform or Services after any such changes shall constitute your consent to such changes. If you do not agree to any such changes you may not use or access the Swiftly Platform or the Services.
The Swiftly Platform is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Swiftly Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Your Information is any information you provide, publish or post to or through the Swiftly Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Swiftly-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Swiftly Platform and participate in the Services. Our collection and use of personal information in connection with the Swiftly Platform and Services is provided below. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your Information as accurate, current and complete.
You warrant and represent to us that you are the sole author of your Information. To enable the Swiftly Platform to use your Information, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known. Swiftly does not assert any ownership over your Information; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Swiftly for accessing the Swiftly Platform. You are solely and fully responsible for all activities that occur under your User account, and Swiftly expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
By signing up You agree that you are solely responsible for ensuring that any product you contact anyone to ship and any service you request or provide is legal, harmless to yourself, the society, the environment, meets any requirements to be transported conforms to laws of the jurisdiction in which the services are sought or provided. You hereby agree to absolve Swiftly, it’s staff or affiliates from any liability or loss of possessions that may result from contracting someone on the Swiftly platform.
We advise our users to take all possible and necessary steps to ensure that your property or possessions are in safe hands and will be delivered as intended. Please note that there may be people who may want to use this platform to carry out their nefarious and illicit activities, we advise our users to take steps to verify the authenticity or otherwise of such users and desist from dealing with those with suspicious personalities, behaviour or actions. We also advice our users to take all possible steps to ensure they are not ripped off by independent contractors they contract on the Swiftly Platform.
As part of the functionality of the Swiftly Platform, you may be able to create or login to your User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account") by either providing your SNS Account login information through the Swiftly Platform or allowing Swiftly to access your SNS Account. By granting Swiftly access to any SNS Accounts, you understand that Swiftly may access, make available and store any content that you have provided to and stored in your SNS Account including without limitation any friend, mutual friends, contacts or following/followed lists (the “SNS Content”) so that it is available on and through the Swiftly Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information. Depending on the privacy settings that you have set in such SNS Accounts, personally identifiable information that you post to your SNS Accounts may be available on and through the Swiftly Platform.
With respect to your use of the Swiftly Platform and your participation in the Services, you agree that you will not:
We reserve the right, but we have no obligation, to suspend or deactivate your User account if you do not comply with these prohibitions.
By providing a service or being a user of the Swiftly Platform, you represent, warrant, and agree that:
All intellectual property rights in the Swiftly Platform shall be owned by us absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Swiftly Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Swiftly. Swiftly shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree that you will not:
If you create any materials bearing the Swiftly Marks (in violation of this Agreement or otherwise), you agree that upon their creation Swiftly exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Swiftly Marks or derivative works based on the Swiftly Marks. You further agree to assign any interest or right you may have in such materials to Swiftly, and to provide information and execute any documents as reasonably requested by Swiftly to enable Swiftly to formalize such assignment.
Swiftly respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, please send the following information to a description of the copyrighted work that you claim has been infringed, including specific location on the Swiftly Platform where the material you claim is infringed is located. Include enough information to allow Swiftly to locate the material, and explain why you think an infringement has taken place; please send the following information to email firstname.lastname@example.org
The following disclaimers are made on behalf of Swiftly, our affiliates, and each of our respective officers, directors, employees, agents, shareholders and suppliers.
The Swiftly Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Swiftly Platform and/or the Services, including the ability to provide or receive Services at any given location or time.
We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from country to country, state to state and region to region.
We do not warrant that your use of the Swiftly Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Swiftly Platform will be corrected, or that the Swiftly Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Swiftly Platform or Services.
We cannot guarantee that each User is who he or she claims to be. Please employ your full discretion when using the Swiftly Platform and Services. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Swiftly Platform by persons under the age of 18 in violation of this Agreement.
Swiftly is not responsible for the conduct, whether online or offline, of any User of the Swiftly Platform or Services. You are solely responsible for your interactions with other Users. We do not provide insurance for, nor are we responsible for goods or belongings of users owned by them or transported on this platform. By using the Swiftly Platform and participating in the Services, you agree to accept such risks and agree that Swiftly is not responsible for the acts or omissions of Users on the Swiftly Platform or participating in the Services.
It is possible for others to obtain information about you that you provide, publish or post to or through the Swiftly Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Swiftly Platform or through the Services. Please carefully select the type of information that you post on the Swiftly Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, adverts, or other information or content made available through the Swiftly Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted on the Swiftly Platform or otherwise disseminated by third parties. We reserve the right, but we have no obligation, to monitor the materials posted in the public areas of the Swiftly Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
The Swiftly Platform contains (or you may be sent through the Swiftly Platform) links to other web sites owned and operated by third parties (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Third Party Content accessed through the Swiftly Platform.
Location data provided by the Swiftly Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Swiftly, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Swiftly Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Swiftly Platform may be accessible to Swiftly and certain Users of the Swiftly Platform.
Swiftly is unable to verify whether users conform to jurisdiction laws of handling, transporting and transferring illegal substances nor enforce conformity to the former. We are also unable to ensure that users do not engage in providing illegal services. We advise that all users refrain from such acts and remain careful and vigilant against such advances.
This paragraph applies to any version of the Swiftly Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Swiftly. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Swiftly Platform. Swiftly, not Apple, is solely responsible for the Swiftly Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple at http://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula/, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold us and our affiliates and each of our respective officers, directors, employees, agents, shareholders and suppliers harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Swiftly Platform and participation in the Services, including:
IN NO EVENT WILL WE, OUR AFFILIATES, OR EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SWIFTLY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SWIFTLY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARISING OUT OF YOUR COMMUNICATING WITH OR MEETING OTHER USERS OF THE SWIFTLY PLATFORM OR SERVICES, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
In the event that you have a dispute with one or more Users, you agree to release Swiftly (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users or to your use of the Swiftly Platform or participation in the Services. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other Users
This Agreement is effective upon your creation of a User account. You may discontinue your use of the Swiftly Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account or revoke your permission to access the Swiftly Platform, at any time, for any reason upon written notice. We reserve the right to refuse access to the Swiftly Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party.
You and We agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Swiftly Platform and/or the Services, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in the Country or State in which the Agreement was performed. The arbitration shall be conducted as will be mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND SWIFTLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Swiftly’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Swiftly for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Swiftly in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Swiftly with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Swiftly or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Swiftly; becomes known to you, without restriction, from a source other than Swiftly without breach of this Agreement by you and otherwise not in violation of Swiftly’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Swiftly to enable Swiftly to seek a protective order or otherwise prevent or restrict such disclosure.
You, Swiftly and any other users are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
To resolve a complaint regarding the Swiftly Platform, you should first contact our Customer Service Department through email email@example.com.
This Agreement shall be governed by the laws of the State of Delaware-USA without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Swiftly, in our sole discretion in accordance with the “Notices” section of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Swiftly with respect to the subject matter hereof.
In order to operate the Swiftly Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the Swiftly Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with Swiftly and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with your Swiftly account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:
Please note that nowhere on the Swiftly Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users are at least 18 years old.
We use Your email address and Your other personal information to help Us efficiently operate the Swiftly Platform, to contact You in connection with Your transactions and other activities on the Swiftly Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with Swiftly), to forward trip information to You from other Users, to forward trip information from other Users you, and to contact You and others to suggest potential matches. We may use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
To operate the Swiftly Platform, including processing Your transactions and supporting Your activities on the Swiftly Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, receipt or support services, customer relationship management services, and order fulfilment. We require these entities not to use Your information for any other purpose.
By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the Swiftly Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the Swiftly Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.
Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.
Swiftly provides You with the ability to access and edit Your personal information. To update Your personal info, EDIT PROFILE in the Swiftly menu. There You can view, update and correct Your account information.
So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.
Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of Swiftly upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.
Swiftly provides Users the opportunity to opt-out of receiving communications from Us. Swiftly gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.
Your Swiftly Profile is password-protected so that only You and authorized Swiftly employees have access to Your account information. If You have registered for Swiftly using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. Swiftly staff will never proactively reach out to You and ask for any personal account information, including Your password. This will help protect Your information entered on public terminals from disclosure to third parties.
Swiftly has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.
If You have any questions about this privacy statement, the practices of Swiftly, or Your dealings with Swiftly, You may contact Us via email firstname.lastname@example.org