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Swift Shopper Inc.

Terms and Conditions

Last updated: August 1, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Swift Shopper mobile application (the “Service”) operated by Swift Shopper Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

Creating an account is required to use certain features of the app including shared shopping lists, My Deals and mobile checkout with Retail Partners.  You can create an account with your existing login credentials from Facebook, Google Plus or Twitter.

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.

Swift Shopper Mobile Checkout

The Service includes access to Swift Shopper Mobile Checkout with our Partner Retailers.  Retail Partners agree to let Swift Shopper Users who have agreed to the terms and conditions, scan items while shopping in the store and save time by checking out with the Mobile Checkout features of the Service.

Mistakes happen and we understand as you use new technology there may be errors which can be resolved in good faith.  In the event there is clear intention by the user to deceive the Retail Partner, the Retailer has the right to the same remedies they have under the law for persons engaged in theft of property.

When using the Mobile Checkout Service, you agree:

  1. to only leave the store with items that have been purchased.
  2. to scan the bar code for each unique item, you intend to purchase and place your items after confirming an accurate scan has been registered into your cart while shopping.
  3. if an item does not accurately scan you will place the item to the side and present separately to the cashier at the time of checkout.
  4. you will adjust the quantity of unique items to match the quantity in your basket.
  5. if you are uncertain an item has been read by the app correctly, it is your responsibility to ensure an accurate record of your purchase has been given to the cashier or checkout system.
  6. you can delete items you no longer intend to purchase when you remove them from your cart.
  7. you agree that Retail Partners can conduct audits to ensure your scanned items and the items in your cart match.
  8. if the items in your cart do not match the items you have scanned, the Retail Partner can revoke your rights to use Swift Shopper Mobile App in their store.

Use of Your Data

We use the data you enter onto your shopping lists and the data that is generated and stored in your frequent purchases to select deals, specials and product news that is highly relevant to you based on your location. We protect your privacy by creating a profile for you on our server, that selects deals and content for you.  We collect and share anonymized data with retailers, consumer product groups and advertisers to help them make better decisions, but never share your specific details with them.  Here are some specifics.

  1. We do not call, post, chat or poke your friends from any social media outlet, that’s your job, if you like us share us.
  2. We do not disclose or share your specific purchase history with any social media channels, friends or advertising partners.
  3. We do not disclose your email address or phone number with anyone.
  4. When location services are on, we use this information to choose stores and deals near you. We do not share your location with any other apps or services.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Swift Shopper Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Swift Shopper Inc.

Retail Partner Pricing and Data Usage

Retail Partners can be any physical store that has signed a services agreement with Swift Shopper.  Swift Shopper and our Retail Partners work together to provide digital content available on your mobile device to make shopping easier and save money.  We work hard to carefully ensure that accurate data is presented to you.  Swift Shopper accepts no liability for pricing or product availability discrepancies.

The Service includes access to our Retail Partners information for items available and current pricing of items including promotions and specials.  The accuracy of this data is the responsibility of our Retail Partners and you agree that any discrepancies with information presented in the service for the price of products or availability of products will be resolved directly with the Retail Partner.

Non Partner Retailers

Swift Shopper Mobile Checkout can only be used with the permission of a retailer.  We have made Swift Shopper an open product so that any retailer with the ability to scan a mobile device can utilize the basic Swift Shopper Checkout features.  If you have a retailer you love, that is not one of our Retail Partners, show them how easy it is to use.  Retailers listed in our directory of stores are no obligated to offer the ability to utilize the Swift Shopper Mobile Checkout services.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Swift Shopper Inc.

Swift Shopper Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Swift Shopper Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Swift Shopper Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Swift Shopper Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Swift Shopper Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us by email at terms@swiftshopper.com

Terms and Conditions of Swift Shopper