In these Terms:
Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Software. Your Confidential Information includes the Data.
Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf or by Users that is stored using, or inputted into, the Service.
Fees means the applicable fees set out on our pricing page on the Website at https://www.swipedon.com/pricing.html or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 7.6.
Force Majeure means an event that is beyond the reasonable control of a party, excluding:
Including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
A party includes that party’s permitted assigns.
A person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.
Personal information means information about an identifiable, living person.
Personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.
Service means the service having the core functionality described on the Website, as the Website is updated from time to time and includes the SwipedOn App.
Software means the software owned by us (and our licensors) that is used to provide the Service and includes the SwipedOn App.
Start Date means the date that you register or first access or use the Service, whichever is the earlier.
SwipedOn App means any software, web or mobile application provided by us for use in connection with the Service, including any enhancement or modification.
Terms means these terms titled SwipedOn terms of service.
Underlying Systems means the Software, IT solutions, systems and networks (including software and hardware) used to provide the Service, including any third party solutions, systems and networks.
Users means your personnel and other persons (including visitors) who are authorised to access and use the Service.
We, us or our means Swiped On Limited, NZ company number 655878.
Website means the internet site at www.swipedon.com, or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversary of that date.
You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.
Last updated on September 25, 2017