Terms & Conditions
The legal terms governing your use of Swoopa, operated by Market Sourcing Solutions Pty Ltd.
Agreement to Our Legal Terms
We are Market Sourcing Solutions Pty Ltd ('Company', 'we', 'us', or 'our'), a company registered in Australia at Ground Floor, 470 St Kilda Road, Melbourne VIC 3004. Our ACN is 672 365 990.
We operate the website https://getswoopa.com (the 'Site'), the mobile application Swoopa (the 'App'), as well as any other related products and services that refer or link to these legal terms (collectively, the 'Services').
You can contact us by email at support@getswoopa.com or by mail to Ground Floor, 470 St Kilda Road, Melbourne VIC 3004, Australia.
These Legal Terms constitute a legally binding agreement. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
1 Our Services
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2 Intellectual Property Rights
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks'). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.
Your Use of Our Services
Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
3 User Representations
By using the Services, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity and you agree to comply with these Legal Terms.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Services through automated or non-human means, whether through a bot, script or otherwise.
- You will not use the Services for any illegal or unauthorised purpose.
- Your use of the Services will not violate any applicable law or regulation.
4 User Registration
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5 Purchases & Payment
Payments are managed by third party services, for example, Stripe. The payment providers' terms and conditions can be found at the point of purchase.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information so that we can complete your transactions and contact you as needed. We may change prices at any time.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
6 Subscriptions
Billing & Renewal
Your subscription will continue and automatically renew unless cancelled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel. The length of your billing cycle is stated at the point of purchase.
Free Trial
We offer a 7-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial. We reserve the right to withhold or cancel free trials from users at our discretion.
Cancellation
To cancel your subscription, you must contact us directly via email at support@getswoopa.com.
- You will retain access to the Services until the end of your current billing period.
- Cancellation requests must be submitted at least 24 hours before your next billing date.
- Cancellations submitted less than 24 hours before billing may not be processed in time to prevent the upcoming charge.
- Your cancellation will take effect at the end of the current paid term.
Refund Policy
Refunds are considered on a case-by-case basis at our sole discretion. All refund requests must be submitted to support@getswoopa.com with details of your situation. Approved refunds will be processed within 5–10 business days to your original payment method.
Disputes. We strongly encourage you to contact us directly at support@getswoopa.com to resolve any billing or subscription issues before initiating a payment dispute or chargeback with your payment provider.
7 Software
We may include software for use in connection with our Services. If such software is accompanied by an end user licence agreement ('EULA'), the terms of the EULA will govern your use of the software. If not accompanied by a EULA, we grant you a non-exclusive, revocable, personal, and non-transferable licence to use such software solely in connection with our services and in accordance with these Legal Terms.
8 Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorised framing of or linking to the Services.
- Upload or transmit viruses, Trojan horses, or other malicious material that interferes with any party's uninterrupted use of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Attempt to bypass any measures designed to prevent or restrict access to the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
- Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, or scraper that accesses the Services.
- Make any unauthorised use of the Services, including collecting email addresses of users for the purpose of sending unsolicited email.
- Use the Services as part of any effort to compete with us or for any revenue-generating endeavour or commercial enterprise.
9 User Generated Contributions
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you represent and warrant that your Contributions do not infringe any third-party rights, are not false, inaccurate, or misleading, do not contain obscene, violent, harassing, or objectionable content, and comply with all applicable laws and regulations.
10 Contribution Licence
By posting your Contributions to any part of the Services, you automatically grant to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and licence to host, use, copy, reproduce, disclose, sell, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, and distribute such Contributions for any purpose, commercial, advertising, or otherwise.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with your Contributions.
11 Mobile Application Licence
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with the terms and conditions of this mobile application licence.
You shall not: (1) decompile, reverse engineer, or decrypt the App; (2) make any modification or derivative work from the App; (3) violate any applicable laws in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice posted by us; or (5) use the App for any revenue-generating endeavour or commercial enterprise.
Apple & Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play: (1) the licence granted is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems; (2) we are responsible for providing any maintenance and support services as specified in these Legal Terms; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor; and (4) you represent and warrant that you are not located in a country subject to a US government embargo.
12 Third-Party Websites & Content
The Services may contain links to other websites ('Third-Party Websites') as well as content belonging to or originating from third parties ('Third-Party Content'). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services.
13 Services Management
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; and (4) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
14 Privacy Policy
We care about data privacy and security. Please review our Privacy Policy at getswoopa.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world, through your continued use of the Services, you are transferring your data to the United States and you expressly consent to have your data transferred to and processed in the United States.
15 Term & Termination
If we terminate or suspend your account for any reason, 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.
16 Modifications & Interruptions
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We cannot guarantee the Services will be available at all times. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
17 Governing Law
These Legal Terms shall be governed by and defined following the laws of Australia. Market Sourcing Solutions Pty Ltd and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
18 Dispute Resolution
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Australia courts. Market Sourcing Solutions Pty Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
20 Disclaimer
21 Limitations of Liability
22 Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party; or (6) any overt harmful act toward any other user of the Services.
25 SMS Text Messaging
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out.
Message & Data Rates
Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at support@getswoopa.com.
28 Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Market Sourcing Solutions Pty Ltd
Ground Floor, 470 St Kilda Road, Melbourne VIC 3004, Australia
ACN 672 365 990