“SwishTravels.com” or “Service” means the on-line service provided by Us at www.SwishTravels.com from time to time.
“Person” means an individual, or a body corporate or unincorporated, and “Persons” shall be construed accordingly.
“Register” means completing the registration process.
“Registered Account” means Your use of the Service through the username chosen by You during the registration process.
“Your Communications” means any communications received or sent by You through the Service including e-mails and other electronic messages.
“Your Material” means any material within the Service which originated from You through the Service.
“We” and “Us” and “The Company” means SwishTravels.com
Terms of Your use of the Site and Service
- Use of the service
You warrant and undertake to Us that You will not:
- a) provide to any other Person use of or access to the Site or Service;
- b) allow any other Person access to any password, user ID or account given to You by Us or allow or assist any other person to do so;
- c) transfer or attempt to transfer this agreement in whole or in part to any other Person; or
- d) affect, restrict, limit, inhibit any other person from using the Service or Site.
- Whilst using the Site You warrant and undertake to Us that You will use Your best endeavours to ensure that Your Material and Your Communications and Your use of the Service is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of Us:
- a) defamatory, offensive, indecent or of an obscene or menacing character; or likely to cause annoyance, inconvenience or anxiety to any person; or
- b) likely to breach any copyright or confidentiality or privacy or other intellectual property of Us or any Person; or
- c) fraudulent or connected in any way with the committal or possible committal of a criminal offense; or
- d) material of a racial or sexually discriminatory nature; or
- e) advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or commercial schemes of any kind or other unsolicited commercial communication; or
- f) “spam” mail; or
- g) material that contains a mail bomb; or
- h) software or material which contains any “virus”, “trojan horse”, “worm”, “data bomb”, “logic bomb” or any other similar component; or
- You warrant that while using the Service, You will not:
- a) copy, modify, license, create derivative works from, transfer, post, publish, transmit, reproduce, distribute or in any way exploit;
- d) any component of the Service itself or derivative works with respect thereto.
- Data Protection
- a) We have the right (but not the obligation) to monitor the Service electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself, its group companies or its other subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law.
This clause shall survive termination of this agreement for any reason whatsoever.
- You must:
- a) provide Your own access to the Internet and pay all associated telecommunication service and access fees;
- b) provide all equipment necessary to make connection to the Internet; and
- c) ensure that Your use of the Site and/or the Service is consistent with all applicable laws and regulations.
- d) confirm and warrant that all the information supplied by You when You Register is true, complete and accurate in all respects. You agree to maintain and keep Your details up-to-date
- Our Liability
- a) SwishTravels.com is providing this Site on an ‘as is’ basis and makes no representations or warranties of any kind with respect to this Site or its contents and disclaims all such representations and warranties. In addition, We make no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of SwishTravels.com howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
- b) Neither SwishTravels.com nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
- c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit SwishTravels.com liability to You for death or personal injury resulting from our negligence or that of our employees or agents.
- Intellectual Property Rights
- a) All rights, including copyright, in the content of these web pages from time to time are owned or controlled for these purposes by Us.
- b) All trade marks, names, and logos are the proprietary marks of Us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies.
- c) We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyright works or other intellectual property, by placing them on the Site.
- a) Depending upon Your browser the content of this Site may vary. We accept no liability if You cannot view any part or component of the Site or cannot access or receive the full use of the Service.
- b) We reserve the right to change any information, functions or features on the Site or provided by the Service.
- c) We shall not be held liable for any material available at the Site which is provided by any third party.
- d) This Site contains hypertext links to sites that are not operated by Us or by our associated companies. We do not control such sites and are not responsible for their content. Our inclusion of hypertext links to such sites does not imply any endorsement of the material contained on the sites or of the owners.
- f) We may temporarily suspend the Service either partially or completely for any reason. We will restore the Service as soon as reasonably practicable after a suspension. We will not be liable to You for any loss which You incur as a result of any such suspension.
- Restrictions and Termination
- b) We do not guarantee that Your personal information will not be intercepted by others and decrypted during transmission.
- c) We will not be liable for any loss or damage of any sort incurred as a result of You dealing with any merchant, third party or information or service provider through the Service. You agree that all information You provide any such merchant, third party or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. You agree to pay all charges incurred by users of Your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
- b) If We are unable to provide this Service because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), We will not be liable for this.