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Website use terms

About

Please read this page carefully. It governs your commercial relationship with us and sets out legally binding provisions, which regulate your use of our website (including any desktop and mobile versions of it).

To help you, we have prepared summaries of our use terms. Our summaries are not a substitute for reading the operative terms use provisions (IE, those above the summaries below). The operative terms provisions are legally binding. Our summaries are not legally binding, and do not limit the scope or operation of the operative provisions.

Please see the dictionary at clause 13 of these use terms for definitions and interpretation provisions that apply to these use terms.

1 Acceptance and modification

1.1. You may only access, browse and use our website (including any desktop and mobile versions of it) if you accept these use terms. By accessing, browsing and/or using our website, you will be deemed to have confirmed that you have read and understand, and wholly and unconditionally agree to be legally bound by, and accept, these use terms and any information linked to from these use terms (including any privacy policy).

1.2. We may modify and/or replace these use terms and any information linked to from these use terms (including any privacy policy) from time to time without notice.

1.3. We will always upload the latest version of these use terms to this webpage.

1.4. If you do not wish to accept these use terms, you must not and cannot use the website or any part of it.

Summary: By using our website, you agree to our use terms. We may change our use terms at any time.

2. Website availability

2.1. We do not represent that the website will be available on an uninterrupted or error-free basis. We may need to take down the website from time to time.

2.2. You agree and acknowledge that the accessibility and use of the website is highly dependent on the proper internet function and any other computer and telecommunications networks and infrastructure on which the website operates, interfaces with or connects to, and that we are not responsible for any non-performance of the website associated with any of those matters.

Summary: Our website might go offline from time to time.

3 Website restrictions

3.1. You may not make any use of the website except as permitted by these use terms and may not do or authorise the commission of any act that would or might invalidate or be inconsistent with our intellectual property rights on the website. Without limiting these provisions, you must not, under any circumstances, sell or resell access to the website or scrape, republish, mirror or otherwise rent, lend, lease, sell, redistribute, sub-licence, copy or duplicate the website or any content you obtain via the website. In addition, you must not, nor may you permit any person to:

  • Copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the website and/or any content on the website (except as expressly permitted by the copyright act 1968 (Cth))
  • Do any act that would or might invalidate or be inconsistent with our intellectual property rights or those of our licensors.
  • Use the website in any way that infringes our rights or any third-party rights.
  • Use the website to create any product or service that competes with the website.
  • Take any steps to circumvent any technological protection measure or security measures on the website.

3.2. You must not use the website or any part of the website in any way which is in breach of any statute, regulation, law or legal right of any person.

3.3. You must not use the website or any part of the website in breach of these use terms.

Summary: We own the website and all IP on the website. Don’t infringe our IP rights and make sure you comply with all applicable laws.

4 Acceptable use

4.1. You agree that:

  • Using the website to violate all or any legal rights of any person or company or entity in any jurisdiction is strictly prohibited by these use terms.
  • Using the website in relation to crimes such as theft and fraud is strictly prohibited by these use terms.
  • Using the website in breach of laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam or privacy and whether such violation is by way of the installation or distribution of ‘pirated’ software or otherwise, is strictly prohibited by these use terms.
  • Introducing malicious programs into our network or servers (EG, viruses, worms, trojan horses, email bombs) is strictly prohibited by these use terms.
  • Using the website to make fraudulent goods or services offers is prohibited by these use terms.
  • Using the website to carry out security breaches or network communication disruptions strictly prohibited by these use terms. Security breaches include accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorised to access or corrupting any data. For the purposes of this paragraph, ‘security breaches’ includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
  • Using the website to execute any form of network monitoring which will intercept data not intended for you is prohibited by these use terms.
  • Using the website to circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers is prohibited by these use terms.
  • Using the website to interfere with or deny service to anyone is prohibited by these use terms.
  • Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, any person’s use of the website is strictly by these use terms.
  • Sending unsolicited email messages through or to users of the website in breach of the Spam Act 2003 is prohibited by these use terms.
  • Using the website to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages is prohibited by these use terms.
  • Use of the website in breach of any person’s privacy (such as by way of identity theft or ‘phishing’) is prohibited by these use terms.
Summary: Don’t use the website for anything illegal or to violate any person’s legal rights.

5 Intellectual property

5.1. You agree and acknowledge that these use terms do not transfer or assign any intellectual property rights to you.

5.2. As between you and us, we own all intellectual property rights on the website.

5.3. You have no rights on the website or in any part of it or in any modification or enhancement made to it, other than the rights temporarily granted to you pursuant to these use terms.

5.4. You agree that any intellectual property rights in any comments that you may provide to us in connection with the website or requests for new website features (each, an ‘improvement suggestion’) becomes our sole and exclusive property on you uploading or posting that improvement suggestion to the website or otherwise providing the improvement suggestion to us. You assign all intellectual property rights in all and any such improvement suggestions to us effective as soon as you provide each improvement suggestion to us or upload or post an improvement suggestion to the website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.

5.5. You irrevocably consent to the infringement by us and any third-party we authorise, of all moral rights that you may have in any improvement suggestions.

5.6. You must not take any step to invalidate or prejudice our (or our licensors’) intellectual property rights on the website or otherwise.

Summary: We own the website and all IP in the website and improvements that you suggest about the website.

6 Responsibility for other

6.1. We do not accept responsibility for the conduct of any users of our website.

6.2. If you believe that another user of our website has breached these use terms please contact us.

6.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the website. Before entering any transaction with any other user of the website, you should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.

6.4. Any dispute you have with another user of our website is between you and the other user. You release us from any claims that you may otherwise have against us in relation to any conduct of any user of our website, any sales and marketing practices of any users of our website and in respect of any content uploaded by or on behalf of any user into the website.

Summary: We’re responsible for other people’s conduct who use our website.

7 Responsibility for third party claims

7.1. You agree and acknowledge that you are solely responsible for and you indemnify us in respect of any loss and damage we may incur in connection with any claims and/or complaints made by any third-party where the claim is caused directly or indirectly by:

  • your website use, and/or
  • your goods and/or services and/or your advertising and/or sales and/or marketing practices.
Summary: We’re not responsible for any claims made by third parties.

8 Hyperlinks

8.1. We do not represent, recommend or endorse any websites to which we have linked from the website via hyperlink or otherwise.

Summary: We are not responsible for third party sites.

9  Liability

9.1. Except in respect of any non-excludable guarantees, we do not represent that the information on this website is accurate, correct, up-to-date or error free.

9.2. The information on the website is not professional advice. You agree that you will seek all appropriate financial, legal and other advice as applicable before relying on any information you obtain from the website.

9.3. To the extent possible by law, we are not liable to you for any indirect, special or consequential loss or damage incurred by you, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.

9.4. To the extent that our liability is not otherwise excluded by these use terms, subject to any non-excludable guarantees, our liability to you is limited to a$1,000,000.

Summary: Our liability is limited in many ways.

10 Termination

10.1. We may terminate these use terms and your access to the website or any part of it at any time without notice.

10.2. We may take down the website or any part of it or take the website or any part of it offline at any time without notice where reasonably necessary to protect our legitimate commercial interests.

10.3. Termination of these use terms and access to the website does not affect any accrued rights of either party.

Summary: You and we can terminate your access to the website under certain conditions.

11 Notices

11.1. Any notice issued to you from us or from us to you shall be in writing and sent by hand delivery, post or email. Where sent from us to you, we shall use any of your contact details that you provide to us.

11.2. You may contact us or send a notice to us using our contact details that are specified on our website at www.swoopbroadband.com.au/contact, by sending an email to us at [email protected] or by writing to us at PO Box 296, Warragul Vic 3820, Australia.

11.3. Any notice issued by hand shall be deemed delivered on delivery.

11.4. Any notice issued by post shall be deemed delivered three business days after posting if posted domestically, or 10 business days after posting if posted internationally.

11.5. Any notice issued via email shall be deemed to be delivered on sender receipt of an electronic read receipt or delivery receipt, or on confirmation receipt from the recipient that they received the email.

11.6. We may send you email or other electronic messages concerning the website from time to time.

Summary: Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.

12 General

12.1. Other rights: all rights not expressly granted to us in these use terms are expressly reserved by us.

12.2. Amendment: these use terms may be amended by us at any time.

12.3. Assignment: you may not assign, transfer, license or novate your rights or obligations under these use terms without our prior written consent. We may assign, transfer, license or novate our rights or obligations under these use terms at any time, subject to our privacy policy.

12.4. Severability: if any part of these use terms is deemed invalid by a court of competent jurisdiction, the remainder of these use terms shall remain enforceable.

12.5. Relationship: you and us are independent contracting entities and these use terms do not create any relationship of partnership, joint venture, fiduciary, or employer and employee or otherwise.

12.6. Entire agreement: these use terms and any information linked to from these use terms constitute the entire agreement between you and us and to the extent possible by law, supersede all prior understandings, representations, arrangements and agreements between you and us regarding its subject matter.

12.7. Jurisdiction: these use terms will be interpreted in accordance with the laws in force in Victoria. You and us irrevocably submit to the non-exclusive jurisdiction of the courts situated in Victoria.

Summary: We reserve our rights. We can change these use terms at any time. You cannot transfer your rights under these use terms unless we approve the transfer. We can transfer our right and obligations at any time. If part of these use terms are not legally binding, the rest still are. We are not partners, employers or employees of one another. These use terms set out our entire agreement with you. Any legal action will be begin Victoria.

13 Dictionary and interpretation provisions

13.1. Definitions

In these use terms:

Australian Consumer Law means schedule 2 to the Competition And Consumer Act 2010 (Cth).

Business day means Monday – Friday excluding public holidays in Victoria.

Business hours means 9:00am – 5:00pm on business days.

GST has the meaning given by the A New Tax System (Goods And Services Tax) Act 1999 (Cth)).

Intellectual property rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the world intellectual property organisation, and all rights to enforce any of the foregoing rights.

Moral rights has the meaning given in the Copyright Act 1968 (Cth).

Non-excludable guarantee means a non-excludable guarantee implied into these use terms by the Australian Consumer Law.

Privacy Policy means our Privacy Policy located at swoop.com.au/legal/privacy-policy.

Use terms means the terms and conditions set out on this webpage as amended by us from time to time.

We, our and us means Bosley Holdings Pty Ltd Trading As Swoop Broadband (ABN 71613948575) of 1A 155 Queen Street, Warragul Victoria 3820.

Website means the Swoop Broadband website owned and/or provided by us, with the homepage URL www.swoop.com.au and also includes any content, images, text and other information appearing on any page or screen of that website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.

You means you, the person who accesses the website for any reason.

13.2. Interpretation

In these use terms:

  • Headings and underlinings are for convenience only and do not affect the construction of these use terms.
  • A provision of these terms will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
  • Currency refers to Australian dollars unless specified otherwise.
  • A reference to a statute or regulation includes amendments to it.
  • A reference to a clause, subclause or paragraph is a reference to a clause, subclause or paragraph of these use terms.
  • A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
  • A reference to time is to time in Victoria.
  • A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
  • The words ‘includes’, ‘including’ and similar expressions are not limitation words.