Service (“the Site” or “the App”) which can be found online at www.swellservice.com and operated
by Swell Service limited (“us”, “we”, or “our”). This Agreement sets forth the legally binding
By accessing or using the Site in any manner, including, but not limited to, visiting or
browsing the Site or contributing content or other materials to the Site, you agree to be bound
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned
by you, but may be
assigned by Swell Service without restriction. Any attempted transfer or assignment in violation
hereof shall be null
By using the Site you acknowledge and agree that you have had sufficient opportunity to read and
understand the Terms
and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site
or our services. Swell
Service attempts to match the needs and requirements of Customers to Businesses and vice versa
for the provision of
those services. YOU ACKNOWLEDGE AND AGREE THAT SWELL SERVICE IS IN NO WAY DIRECTLY INVOLVED IN
ANY TRANSACTIONS BETWEEN
CUSTOMERS AND BUSINESSES AND ONLY PROVIDES THIS MEDIUM TO FACILITATE THE INTRODUCTION OF
CUSTOMERS AND BUSINESSES. SWELL
SERVICE IN NO WAY GUARANTEES THE SERVICES OF THE BUSINESSES NOR DOES IT PROVIDE ANY GUARANTEES
AS TO THE AUTHENTICITY
AND FINANCIAL VIABILITY OF THE CUSTOMERS.
Swell Service reserves the right to change these Terms, the Site or content contained with the
with or without further notice to you; and
without giving you any explanation or justification for such change
and as amended from
time to time with or without notice to you. In addition, if you are using a particular service
on or through this web
site, you will be subject to any rules or guidelines applicable to those services and they shall
be incorporated by
Our web site and services provided to you on and through our web site on an “AS IS” basis.
Furthermore, you agree that
the owners of this web site exclusively reserve the right and may, at any time and without
and any liability to
you, modify or discontinue this web site and its services or delete the data you provide,
permanently. We shall have no responsibility or liability for the timeliness, deletion, failure
and links to download sites or improper delivery of any data or information. Moreover, due to
nature of our services
we do not offer refunds.
Please Note: We do not host any of these sites and will not be responsible
for any apps, data,
content or etc. that is
hosted or downloaded from any 3rd party sites and/or additional apps. Every user must be sure to
conduct their own due
diligence prior to using any services/products of outside sources.
YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use this web site, you must register on our site, agree to provide truthful
information when requested, and
be at least the age of thirteen (13) or older. When registering, you explicitly agree to our
modified by us from time to time and available here.
Registration data and other personally identifiable information that we may collect is subject
to the terms of our
USE OF MOBILE DEVICES
While using the site on mobile devices you may be prompted to use our services such as sending
out an SMS invite or
message to a friend that could potentially create charges from your service carrier that may
cost you extra money, since
mobile carrier rates may be applicable for you to use such features like SMS. Moreover in those
cases, the Service will
attempt to remind you before any messages are sent out of the possibility of extra charges. It
is your responsibility
and decision to use such services like SMS or email and any such charges you may incur we are
not the responsibility of,
and not reimbursable by, Swell Service.
REGISTRATION AND PASSWORD
You are responsible to maintain the confidentiality of your password and shall be responsible
for all uses via your
registration and/or login, whether authorized or unauthorized by you. You agree to immediately
notify us of any
unauthorized use or your registration, user account or password.
You agree that all information or data of any kind, whether text, software, code, music or
sound, photographs or
graphics, video or other materials (“Content”), publicly or privately provided, shall be the
sole responsibility of the
person providing the Content or the person whose user account is used. You agree that our web
site may expose you to
Content that may be objectionable or offensive. We shall not be responsible to you in any way
for the Content that
appears on this web site nor for any error or omission.
You explicitly agree, in using this web site or any service provided, that you shall
provide any Content or perform any conduct that may be unlawful, illegal,
threatening, harmful, abusive, harassing,
stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does
interfere or interrupt this web site or any service provided, infected with a virus
or other destructive or deleterious
programming routine, give rise to civil or criminal liability, or which may violate
an applicable local, national or
impersonate or misrepresent your association with any person or entity, or forge or
otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
collect or harvest any data about other users;
provide or use this web site and any Content or service in any commercial manner or
in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written
provide any Content that may give rise to our civil or criminal liability or which
may constitute or be considered a
violation of any local, national or international law, including but not limited to
laws relating to copyright,
trademark, patent, or trade secrets.
SUBMISSION OF CONTENT ON THIS SITE
By providing any Content to our web site you agree to all of the following statements listed
you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and
license (including any moral
rights or other necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote,
archive, translate, and to create derivative works and compilations, in whole or in
part. Such license will apply with
respect to any form, media, technology known or later developed;
you warrant and represent that you have all legal, moral, and other rights that may be
necessary to grant us with the
license set forth in this Section 7;
you acknowledge and agree that we shall have the right (but not obligation), in our sole
discretion, to refuse to
publish or to remove or block access to any Content you provide at any time and for any
reason, with or without notice.
THIRD PARTY SERVICES
Goods and services of third parties may be advertised and/or made available on or through this
web site. Representations
made regarding products and services provided by third parties are governed by the policies and
representations made by
these third parties. We shall not be liable for or responsible in any manner for any of your
dealings or interaction
with third parties.
As Swell Service is a lead generation business, it shall not be held liable for any damage
caused by its subcontractors
and or service providers that use our services to get work. All liability is transferred to the
service provider and/or
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties,
employees, agents, independent contractors, advertisers, partners, and co- branders from any
claim or demand, including
reasonable attorney’s fees, that may be made by any third party, that is due to or arising out
of your conduct or
connection with this web site or service, your provision of Content, your violation of this
violation of the rights of another person or party.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED
(THE “SERVICE”) IS MADE
AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES
OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART
OF THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR
THAT ANY CONTENT IS SAFE
IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE
PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY
AT YOUR OWN RISK AND
WITHOUT OUR LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may
not apply to you only as
it relates to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT
THE USE OF OR THE INABILITY TO USE THE SERVICE
THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION
ENTERED INTO ON THROUGH THE SERVICE,
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR
ANY OTHER MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may
not apply to you.
LIMITATION OF LIABILITY
We do not make any representations or warranties as to the truth or accuracy of any statement
made or materials posted
on or through our site, forum, bulletin board, chat room, or any other user interactive area of
our site. You agree and
acknowledge that you assume the risk of any actions you take in reliance upon the information
that may be contained in
our site, forum, bulletin board, chat room, or any other user interactive area of our site.
We do not endorse or lend any credence for any statements that are made by any participant in
our forum, bulletin board,
chat room, or any other user interactive area of our site. Any opinions or views expressed by
our site, forum, bulletin
board, chat room, or any other user interactive area of our site participants are their own. We
do not endorse or
support or otherwise give any credence or reason for reliance on any such statements or
opinions. You are fully
responsible for your own statements and materials that you post in our site, forum, bulletin
board, chat room, or any
other user interactive area of our site and any consequences, whether or not foreseen, to any
party who may rely upon
these statements. You agree that you will not take any action directed towards attempting to
hold us responsible for any
such materials or statements. As a participant in our site, forum, bulletin board, chat room, or
any other user
interactive area of our site, you agree that we may remove any materials from our site, forum,
bulletin board, chat
room, or any other user interactive area of our site for any reason, in our sole discretion, or
for no reason at all.
This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic,
or any other material.
You hold us harmless from and against any damage you or others may suffer as a result of our
removal of any content from
our forum, bulletin board, chat room, or any other user interactive area of our site or from the
discontinuance of our
forum, bulletin board, chat room, or any other user interactive area of our site at any time.
Important Communication Note: When opting to do shares through our sites
social accounts we own
based on the service you
have subscribed to when you placed an order for your campaign may be shared through third party
please note since when shares are conducted through a 3rd party service we will not have the
ability to access the
amount of friends/followers one may have.
For any disputes or discrepancies you may have with Swell Service, you agree to first contact us
and attempt to resolve
the dispute with us informally. Any controversies or disputes arising out of or relating to this
Agreement shall be
resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules
of the Australian
Centre for International Commercial Arbitration Limited.
The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to
the subject matter of
this Agreement. In the event the parties are unable to agree to such a selection, each party
will select an arbitrator
and the two arbitrators in turn shall select a third arbitrator, all three of
whom shall preside jointly over the matter. The arbitrator shall take place at a location that
is reasonably centrally
located between the parties, or otherwise mutually agreed upon by the parties. All documents,
materials, and information
in the possession of each party that are in any way relevant to the dispute shall be made
available to the other party
for review and copy no later than 30 days after the notice of arbitration is served. The
arbitrator(s) shall not have
the authority to modify any provision of this Agreement or to award punitive damages. The
arbitrator(s) shall have the
power to issue mandatory orders and restraint orders in connection with the arbitration. The
decision rendered by the
arbitrator(s) shall be final and binding on the parties, and judgment may be entered in
conformity with the decision in
any court having jurisdiction. The agreement to arbitration shall be specifically enforceable
under the prevailing
arbitration law. During the continuance of any arbitration proceeding, the parties shall
continue to perform their
respective obligations under this Agreement.
RESERVATION OF RIGHTS
We reserve all of our rights, including but not limited to any and all copyrights, trademarks,
patents, trade secrets,
and any other proprietary right that we may have in our web site, its content, and the goods and
services that may be
provided. The use of our rights and property requires our prior written consent. We are not
providing you with any
implied or express licenses or rights by making services available to you and you will have no
rights to make any
commercial uses of our web site or service without our prior written consent.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your property has been used in any way that would be considered copyrights
infringement or a
violation of your intellectual property rights, our copyright agent may be contacted at the
App: Swell Service
SWELL SERVICE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
Swell Service takes no responsibility and assumes no liability for any User Content that you or
any other user or third
party posts or transmits using our images, products or services. You understand and agree that
you may be exposed to
User Content that is inaccurate, objectionable, inappropriate for children, or otherwise
unsuited to your purpose.
products or services
shall be governed by and construed in accordance with local laws where the headquarters of the
owner of this web site is
located, without regard to its conflict of law provisions. By registering or using this web site
and service you consent
and submit to the exclusive jurisdiction and venue of the county or city where the headquarters
of the owner of this web
site is located.
SWELL SERVICE SERVICE DESCRIPTION
- The Swell Service Service will be reviewed and updated from time to time. In
the points set out below,
certain portion(s) of the Swell Service Service may be separately described on the
A Job Poster with a requirement for a service to be provided or a good to be
acquired (1) creates and account with
Swell Service and (2) posts an accurate and complete description of the good to be
acquired or service to be provided
(including, but not limited to, the payment offered to the Swell Service service
provider) (“Posted Task”). Posted Tasks
are subject to further terms set out for Posting Tasks and Making Offers below.
A Swell Service Worker with an ability to perform services and/or to provide the
goods (1) creates an account with Swell
If a Swell Service Worker desires to provide services or sell goods to a Job Poster,
the Swell Service Worker must make
an offer in response to the Posted Task (“Offer”). By making an Offer the Swell
Service Worker confirms that s/he is
legally entitled to and capable of supplying the goods or services described in the
Posted Task. Offers are subject to
further terms set out for Posting Tasks and Making Offers below.
If a Job Poster in any way updates a Posted Task after it has been published on the
Swell Service Platform and before an
offer has been accepted, then Swell Service may, at its discretion, cancel all
Offers for that Posted Task that were
made prior to the update and recommence the offer process.
If the Job Poster agrees to a Swell Service Worker’s offer, the Job Poster will
accept that Swell Service Worker’s Offer
by using the functionality on the Swell Service Platform and paying the agreed price
into the payment facility
accessible via the Swell Service Platform.
The Swell Service Worker and Job Poster use a public question and answer feature on
the Swell Service Platform to
communicate directly about posted requests for services or goods. Once a Job Poster
has accepted an offer from a Swell
Service Worker, the Job Poster and the Swell Service Worker can communicate
privately using a Swell Service private
messaging service. Each time a Swell Service User receives a message from the Swell
Service messaging service, a
notification may be sent to the User via their currently active communication
Once a Job Poster has accepted an offer from an Swell Service Worker then the Job
Poster and the Swell Service Worker
will be deemed to have entered into a separate contract under which the Job Poster
agrees to purchase, and the Buyer
agrees to provide the Job Poster with the services or goods (“Task Contract”).
The terms of the Task Contract incorporate the terms of this Agreement (to the
extent they apply to the Job Poster and
the Swell Service Worker) and any additional terms and conditions agreed between the
Job Poster and the Swell Service
Worker, including the description and price of the services or goods to be provided.
You agree not to enter into any
contractual provisions in a Task Contract that conflict with this Agreement. The
terms of this Agreement incorporated
into a Task Contract take priority over any other terms agreed between a Job Poster
and a Swell Service Worker in the
Task Contract to the extent of any inconsistency.
The Swell Service Worker must provide the services or goods to the Job Poster in
accordance with the Task Contract,
unless the services, goods or transaction is prohibited by law, by this Agreement,
an agreement between the User and a
Third Party Provider or by any of our Policies.
Once a Swell Service Worker has provided the goods or services requested by a Job
Poster in accordance with the Task
Contract, the Swell Service Worker must provide notice that the task is complete by
using the Swell Service Platform
functionality. It will be material breach of this Agreement and the Task Contract if
a Swell Service Worker provides
notice that a task is complete for a particular Posted Task without having provided
the relevant goods or services. If
s/he is supplying goods, a Swell Service Worker must not provide notice that a task
is complete until the goods have
actually been delivered to the address specified by the Job Poster.
Once a Swell Service Worker has provided the relevant goods or services in
accordance with the Task Contract and has
provided notice that the task is complete relating to a particular Posted Task, the
Job Poster must pay for the agreed
price for the goods or services supplied to the Swell Service Worker by using the
Swell Service Platform functionality.
It will be material breach of this Agreement and the Task Contract if, after an
Swell Service Worker has provide the
relevant goods or services in accordance with the Task Contract and provided notice
that a task is complete for a
particular Posted Task, the Job Poster fails to release the agreed price.
Once the Job Poster has released the payment, the fee will be paid to the Swell
Service Worker after the deduction of
the relevant fees which is 10% of the total cost.
Once a transaction is concluded, both the Swell Service Worker and Job Poster are
strongly encouraged to complete an
Swell Service service review using any feedback features on the Swell Service
Platform. Swell Service will, from time to
time, contact You to remind You to complete an Swell Service service review.
The Swell Service Platform may from time to time include location/ map-based
functionality. The Swell Service Platform
may display the location of Job Posters and Swell Service Workers to persons
browsing the Swell Service Platform. Each
Job Poster will be asked to provide the street and suburb where the task is to be
performed or the goods are to be
delivered. A Job Poster should never disclose personal details such as Job Poster’s
full name, street number, phone
number or email address in a Posted Task or in any other public communication on the
Swell Service Platform.
PAYMENT, REFUNDS AND CREDIT
- Businesses are required to read our Refund Policy and ensure they are familiar with it.
- Swell Service reserves the right to change these Terms, the Site or content contained within the Site:
- with or without further notice to you; and
- without giving you any explanation or justification for such change.
Swell Service’s fair go refund policy means you can quote with confidence. No more waiting around or
calling customer service to get your credits refunded.
Job no longer going ahead?
When the customer informs Swell Service they no longer want to get the job done at all and cancel their
job request accordingly, your credits will be automatically refunded.
Customers requesting a service
The Site is available for you to access conditional on your acceptance without alteration of the terms set out below.
By continuing to access the Site you are agreeing to the terms and conditions set out below:
- Use of material on the Site
- Except for with permission from Swell Service Pty Ltd you may not use the Site, or the material contained on
it or within it, for any purpose. This involves:
- the reproduction of the material, in any material form;
- the distribution of the material in any material form;
- re-transmission of the material by any medium of communication;
- uploading and/or reposting the material to any other site on the WWW;
- the material on the Site with other material on any other WWW site.
- Notwithstanding the above restrictions on use of the material on the Site, you may download material from the Site for your personal non-commercial use provided you do not remove any copyright and trademark notices contained on the material.
- You may not modify or copy:
- the layout of the Site; and
- any computer software and code contained in the Site.
- Swell Service reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Site is provided for personal use only and may not be:
- re-sold and/or re-distributed in any material form;
- stored in any storage media; and/or
- re-transmitted in any media,
- without the prior written consent of Swell Service.
- Using the Site and placing your job to be quoted for by a Business is free. However when you accept a quote and enter into a contract with a Business for that job you will be solely liable to that Business for the work performed. Swell Service accepts no liability for invoices or costs of those Businesses which successfully bid for your job.
- At the time of listing and prior to accepting a quote the Customer should make their own reasonable enquiries and searches to ascertain the credibility and suitability of that Business to perform the job.
- Links and introductions to Businesses
- The Site provides links and introductions to Businesses owned and operated by third parties and which are not under the control of Swell Service.
- In relation to the Businesses to which you have been introduced, Swell Service:
- provides the links or introduction to the Businesses as a convenience to you and the existence of a link or introduction to the Businesses does not imply any endorsement by Swell Service of that Business; and
- is not responsible for the actions and services provided by those Businesses.
- You are solely and completely responsible for the selection of the quote and the business transaction, including payment to the business for work undertaken at your request. Swell Service makes neither recommendations or prescribes to you the method of choice of successful Business.
- Disclaimer relating to the linked Businesses
- Swell Service operates the Site making it available for you to publish information without assuming a duty of care to users. Swell Service does not and will not provide professional advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Site and/or linked or introduced Businesses.
- To the full extent permitted by law Swell Service disclaims any and all warranties, express or implied, regarding:
- the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Site and/or of any linked Business; and
- merchantability or fitness for any particular purpose for any service or product contained or referred to on the Site and/or on any linked Businesses.
- Swell Service has a system whereby certain details and credentials of a Business (provided by the Business) are inspected by our staff. Swell Service does not conduct any of its own searches and does not provide any assurances or warranties concerning the legality or validity of the documents other than that they have been received.
- Swell Service will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
- acting, or failing to act, on any information contained on or referred to on the Site and/or any of the linked Businesses ; and
- using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Site and/or any linked Businesses.
- Quoting Credits
- Where you have paid us a fee for purchase of quoting credits, those quoting credits:
- are not redeemable outside of the Site.
- are valid for a fixed period, as described on the Site, commencing at the time of purchase after which they will expire.
- Refund Policy
- You acknowledge and agree that as a term and condition of using the Site, any fees incurred are non-refundable.
- If you are unhappy with the service of Swell Service and have outlined in detail the reasons for your grievance, Swell Service will consider the application for a refund and in its absolute discretion will either:
- reject the claim; or
- offer you credit on your account; or
- refund your payment.
- In any other case refunds will only be given at the absolute discretion of Swell Service.
- If we find your account is in poor standing or there has been abuse reported against your account, we may refuse any cash or credit refund.
Swell Service may offer its Users an opportunity to obtain insurance for Swell
Service Users. All such insurance is
offered by a third party. Swell Service confirms that all insurance policies are
Third Party Services and subject to
further terms set out for Third Party Services. Swell Service may elect to obtain
its own insurance that may provide
cover for Swell Service Users.
Swell Service does not represent that the insurance offered via the Swell Service
Platform is adequate or appropriate
for any particular User. Each User must make its own enquiries about whether any
further insurance (such as workers
compensation insurance) is required.
The Swell Service Worker acknowledges and agrees that in the event that a Job Poster
makes a claim relating to any
services performed and/or goods provided by an Swell Service Worker, and the
insurance taken out by Swell Service (if
any) responds to that claim then this clause applies. Swell Service may elect to
make a claim under such policy and if
the claim is successful, any excess payable in respect of the claim may be recovered
by Swell Service from the Swell
Service Worker. Where Swell Service makes a claim and the insurer assesses that the
Swell Service Worker is responsible,
Swell Service is entitled to rely on that assessment. If you do not pay any excess,
Swell Service may also elect to set
this amount off against future moneys it may owe to the Swell Service Worker.
held invalid by a court with
jurisdiction over the parties, such provision will be interpreted to reflect the original
intentions of the parties in
considered a waiver of any that
party’s right and that right will remain in full force and effect;
You agree that without regard to any statue or contrary law that any claim or cause arising
out of this web site or its
services must be filed within one (1) year after such claim or cause arose or the claim
shall be forever barred;
any further obligation.
This Agreement was last modified on May 01, 2015