Website Terms And Conditions

1. About the Website

1.1 Welcome to www.swifpo.com.au (Website). The Website is intended as an online platform to provide general information and promote the services offered by SWIFPO Pty Ltd.

1.2 The Website is operated by SWIFPO Pty Ltd (ACN 677049508). Access to and use of the Website, or any of its associated products or services, is provided by SWIFPO Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of services, immediately.

1.3 SWIFPO Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SWIFPO Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Website Disclaimer

All care is taken in the preparation of the information and published materials on this site. SWIFPO Pty Ltd does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose. To the extent permissible by law, SWIFPO Pty Ltd will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason.

This site may contain hypertext links, frames or other references to other parties and their websites. SWIFPO Pty Ltd cannot control the contents of those other sites, and make no warranty about the accuracy, timeliness or subject matter of the material located on those sites. SWIFPO Pty Ltd do not necessarily approve of, endorse, or sponsor any content or material on such sites. SWIFPO Pty Ltd make no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

SWIFPO Pty Ltd are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material or other sites by linking or allowing links to, this website to such material on other sites.

If you have any concerns regarding the content of the Website, please contact SWIFPO Pty Ltd.

3. Copyright and Intellectual Property

3.1 The Website, the services and all of the related products of SWIFPO Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the services are owned or controlled for these purposes, and are reserved by SWIFPO Pty Ltd or its contributors.

3.2All trademarks, service marks and trade names are owned, registered and/or licensed by SWIFPO Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:

1. Use the Website pursuant to the Terms;
2. Copy and store the Website and the material contained in the Website in your device’s cache memory; and
3. Print pages from the Website for your own personal and non-commercial use.

SWIFPO Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the services. All other rights are expressly reserved by SWIFPO Pty Ltd.

3.3 SWIFPO Pty Ltd retains all rights, title and interest in and to the Website and all related services. Nothing you do on or in relation to the Website will transfer any:

1. Business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
2. A right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
3. A thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

3.4 You may not, without the prior written permission of SWIFPO Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the services or third party services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

4. Privacy

SWIFPO Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or services are subject to SWIFPO Pty Ltd’s Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.2 Subject to this clause, and to the extent permitted by law:

1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. SWIFPO Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the services or these Terms (including as a result of not being able to use the services or the late supply of the services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

5.3Use of the Website and the services is at your own risk. Everything on the Website and the services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SWIFPO Pty Ltd make any express or implied representation or warranty about any products or services (including the products or services of SWIFPO Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
2. The accuracy, suitability or currency of any information on the Website, the services, or any of its services related products (including third party material and advertisements on the Website);
3. Costs incurred as a result of you using the Website, the services or any of the products of SWIFPO Pty Ltd; and
4. The services or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1SWIFPO Pty Ltd’s total liability arising out of or in connection with the services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the services to you.

6.2You expressly understand and agree that SWIFPO Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

7. Indemnity

You agree to indemnify SWIFPO Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

7.1All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

7.2any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or

7.3any breach of the Terms.

8. Dispute Resolution

8.1 Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

8.2 Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

8.3 Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

1. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
2. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the accredited mediation bodies in Australia – msb.org.au/msb-member-list.;
3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
4. The mediation will be held in Melbourne, Australia.

8.4 Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

8.5 Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

9. Venue and Jurisdiction

The services offered by SWIFPO Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.