Swanned Terms of Use

We want everyone to have a Swantastic time whilst using our app, however we do require you to play by the rules. Please have a read of our Terms of Use before downloading the Swanned App.

Acceptance of Terms of Use Agreement

By creating a Swanned Account you agree to be bound by these Terms of Use, our Privacy Policy and Safety Tips, each of which is incorporated into this Agreement, and any terms disclosed to you if you purchase additional features we offer on the App. If you do not accept and agree to be bound by all of the Terms of this Agreement you should not use the App.

Under this Agreement, Swanned refers to the matching process of two users who have both expressed interest in each other. Updates to this Agreement will occur for various reasons including legal, regulatory and operational obligations. We will always have the most recent Agreement available on the App. It is the Users responsibility to ensure they are up-to-date with the most recent Agreement published. The most recent version is the version that applies. Any changes to the Agreement will be highlighted and use of the App after changes have been made to the Agreement bounds the User to the new terms. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with Swanned, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

Eligibility

You must be at least 18 years of age to create an account on Swanned and use the App. By creating an account and using the App, you agree that:

- you are not a person who is barred from using the App under the laws of the Australia or any other applicable jurisdiction

- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations

- you have never been convicted of or pled guilty to a criminal charge, a sex crime, or any crime involving violence in Australia

- you have never been excluded or barred from another dating App or dating website.

Your account

In order to use the Swanned App, you must sign in using your Facebook login. If you do this, you authorise us to access and use certain Facebook account information, including but not limited to your name, email address and Facebook ID. For more information regarding the information we collect from you and how we use it, please check out our Privacy Policy. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Swanned and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact info@getswanned.com.

Modifying the App and Termination

At Swanned we want our Users to have the best time whilst using our App. Swanned is always striving to improve the App and there will be frequent updates in order to enhance your experience. It is the responsibility of each User to be aware of these updates. If these updates do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the App entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

You may Terminate your account at any time, for any reason, by following the instructions in “Settings” > “Help & FAQs” in the App, however you will need to manage your in App purchases through your mobile device platform (e.g., iTunes, Google Play) to avoid additional billing. Swanned holds the right to Terminate your Account at any time without any prior notice. No refunds will be made in such circumstances. After your account is Terminated, this Agreement will terminate.

Safety & your interactions with other Users

Swanned aims, at all times to encourage a respectful and polite experience when using our App. Communication between two parties will only be permitted when both Users have agreed to be Swanned “matched” with one another. Should any Users find that they are receiving communications for a User that they have not previously agreed to be matched with, the User is responsible for notifying Swanned via info@getswanned.com. All interactions between Users are the responsibility of each User. Each User agrees to exercise caution, particularly if the decision is taken by the User to meet another User in person. Users agree to comply with, review and follow Swanned’s Safety Tips prior to using the App. Users should not share any personal financial information with other Users, including bank details, credit card details, personal address and passwords and no monetary transactions between two Users should ever take place. You are solely responsible for your interactions with other users. You understand that Swanned does not conduct criminal background checks on its users or otherwise enquire into the background of its users. Swanned makes no representations or warranties as to the conduct of Users. Swanned reserves the right to conduct – and you agree that Swanned may conduct - any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.

Rights Swanned grants you

Swanned grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use the App. This license is for the sole purpose of letting you use and enjoy the App’s benefits as intended by Swanned and permitted by this Agreement. Therefore, you agree not to:

- use the App or any content contained in the App for any commercial purposes without our written consent.

- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, graphics, App marks, or other intellectual property, content or proprietary information accessible through the App without Swanned’s prior written consent.

-express or imply that any statements you make are endorsed by Swanned.

- use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents.

- use the App in any way that could interfere with, disrupt or negatively affect the App or the servers or networks connected to the App.

- upload viruses or other malicious code or otherwise compromise the security of the App.

- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App.

- “frame” or “mirror” any part of the App without Swanned’s prior written authorisation.

- use meta tags or code or other devices containing any reference to Swanned or the App (or any trademark, trade name, App mark, logo or slogan of Swanned) to direct any person to any other website for any purpose.

- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App, or cause others to do so.

-use or develop any third-party applications that interact with the App or other Users’ Content or information without our written consent.

- use, access, or publish the Swanned application programming interface without our written consent.

- probe, scan or test the vulnerability of our App or any system or network. encourage or promote any activity that violates this Agreement.

Swanned Pty Ltd may investigate and take any available legal action in response to illegal and/ or unauthorised uses of the App, including Termination of your Account.

Rights you grant Swanned

By creating an Account, you grant Swanned a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the App or transmit to other Users (collectively, “Content”). Swanned’s license to your Content shall be non-exclusive, except that Swanned’s license shall be exclusive with respect to derivative works created through use of the App. For example, Swanned would have an exclusive license to screenshots of the App that include your Content. In addition, so that Swanned can prevent the use of your Content outside of the App, you authorise Swanned to act on your behalf with respect to infringing uses of your Content taken from the App by other Users or third parties Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the App and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the App may be viewed by other Users and may be viewed by any person visiting or participating in the App (such as individuals who may receive shared Content from other Swanned Users). You agree that all information that you submit upon creation of your Account, including information submitted from your Facebook account, is true and correct and you have the right to post the Content on the App and grant the license to Swanned above. You understand and agree that we may review and monitor any Content you post as part of this App. Any content that we deem to be inappropriate or outside of Swanned’s objectives and rules could be deleted with no prior warning. We reserve the right to remove any material on the App posted by Users that are deemed inappropriate. Any offensive communication to others Users or employees of Swanned will not be tolerated and will result in deletion of the Users account immediately with no prior warning.

In consideration for Swanned allowing you to use the App, you agree that we, our affiliates, and our third-party partners may place advertising on the App. By submitting suggestions or feedback to Swanned regarding our App, you agree that Swanned may use and share such feedback with no compensations for Users. In certain circumstances, for example but not limited to 1) legal requirements 2) the rights of third parties 3) customer service requirements 4) personal and property safety 5) compliance with the App, Swanned reserves the right to full access of Users Account information.

Community rules when using Swanned

By using the Swanned App, you agree that you will not:

- use the App for any purpose that is illegal or prohibited by this Agreement

- use the App for any harmful or villainous purpose

- use the App in order to harm Swanned

- oppose our Safety Tips

- harass or solicit money from or deceive any Users

- fake any other person’s identity or entity or post any images of another person without his or her permission

- bully, hound, terrorize intimidate, assault, or mistreat or defame any person

- post any Content that violates or breaches anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right

- post any Content that is threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence

- post any Content that promotes racism, sexism, ageism, bigotry, hatred or physical harm of any kind against any group or individual

- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person’s personal information without his or her permission

- use another User’s account

- create another account if we have already terminated your account, unless you have our permission.

Swanned reserves the right to investigate and/ or terminate your Account without a refund of any purchases if you have violated this Agreement, mistreated the App or behaved in a way that Swanned regards as inappropriate or unlawful, including actions or communications that occur on or off the App.

Other Users content

Although Swanned reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the User who posts it, and Swanned cannot guarantee that all Content will comply with this Agreement. If you see Content on the App that violates this Agreement, please report it to info@getswanned.com.

Purchases

Swanned may offer products, such as our Swanned Superior service for purchase through iTunes, Google Play or other application platforms authorised by Swanned. If you choose to make a purchase, you will be prompted to enter your details and you will be charged via the iTunes or Google Play store. These purchases will be made in accordance with the terms disclosed to you at the time of purchase, as well as the general terms that apply for in app purchases. You will be charged GST with your purchase. If you purchase an auto-recurring periodic subscription with Swanned through your iTunes or Google Play, your account will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or Terminate your subscription, you will need to log in to your iTunes or Google Play accounts and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Swanned application from your device. Deleting your account on Swanned or deleting the Swanned application from your device does not cancel your subscription; Swanned will retain all funds until you cancel your subscription on the iTunes or Google Play store.

Billing

Users must pay the fees and charges for the services they have signed up to, and any additional fees and charges noted in the Agreement (including in your application) or notified by us in accordance with the Agreement from time to time. You must pay the fees and charges for the service even if the service is unavailable or you are unable to access the service.

If you choose to make a purchase through Swanned, you agree to pay Swanned all charges at the prices displayed to you, as well as any sales or similar taxes that may be imposed on your payments, and you authorise Swanned to charge your chosen payment provider. Swanned may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your payment method, Swanned may terminate your account immediately in its sole discretion. Swanned subscriptions will continue until cancelled by the User. A User mush cancel their subscription before their next payment is due to to be paid otherwise their subscription will roll over for another month and will be terminated on the subsequent month.

Refunds

All charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. All subscriptions are made on a monthly basis. You may cancel the service at any time.

Cancelling your subscription

If you wish to cancel your Swanned subscription, you may do so at any time, but you will not be refunded for that calender month, however payments will cease the following month. So, if you decide to cancel your subscription mid-month, your subscription won’t end straight away, you will still be able to use Swanned Superior until your subscriptions runs out. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund. In the event that you become disabled (such that you are unable to use the App of Swanned) before the end of your subscription period, you shall be entitled to a refund.

Disclaimers

Swanned provides the App on an “as is” and “as available” basis and to the extent permitted by applicable law, grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the app (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement.

Swanned does not represent or warrant that (a) the app will be uninterrupted, secure or error free, (b) any defects or errors in the app will be corrected, or (c) that any content or information you obtain on or through the app will be accurate.

Swanned takes no responsibility for any content that you or another user or third party posts, sends or receives through the app. Any material downloaded or otherwise obtained through the use of the app is accessed at your own discretion and risk. Swanned disclaims and takes no responsibility for any conduct of you or any other User, on or off the app.

Third party apps

Swanned is not responsible for any promotions or offers advertised on the App. If Users take the decision to interact with any of the services or products advertised on the App, Swanned is not liable for any such actions.

Exclusion of liability

We are not responsible or liable in any manner for any User generated content. Although we include strict provisions regarding User generated content in these Terms of Use we do not control and are not responsible for what Users post on or through our App and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing or otherwise objectionable or illegal User generated content you may encounter on our sites or in connection with your use of our App.

To the fullest extent permitted by applicable laws we, on behalf of our directors, officers, employees, agents, suppliers, licensors and service providers, exclude and disclaim liability for any losses and expenses of whatever nature, and however arising including without limitation any direct, indirect, general, special, punitive, incidental or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims to third parties or other losses of any kind or character even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the App or any website with which they are linked, or any merchandise available on our sites you assume total responsibility for establishing such procedures for data back-up and virus checking as you consider necessary. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence) strict liability or other basis.

Laws

This agreement is governed by the laws of the Commonwealth of Australia and the state or territory in which you normally reside. You and we submit to the exclusive jurisdiction of the courts of the Commonwealth and its states.

Intellectual property protections

Swanned own all material (including intellectual property rights) developed by us or our personnel at our or their direction. We may permit you to use this material, or other material licensed by us, as part of the service. This permission is subject to any conditions which we may impose from time to time and will cease when the service is cancelled. You must not infringe any person's intellectual property rights (such as by using, copying or distributing data or software without the permission of the owner) in using the service. If you breach this paragraph, we may suspend your Account.

Copyright

Notice of claims of copyright infringement should be provided to Swanned via email info@getswanned.com.. If you believe there has been any infringement of your copyright or trademark you should provide a description of where the material that you claim is infringing is located on the App; your contact information, including address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Swanned will terminate the accounts of repeat infringers.

Indemnity by you

Each User agrees to the extent permitted under Australian law to indemnify, defend and hold harmless Swanned, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the App, your Content, or your breach of this Agreement.