Thank you for using Swift Pros! These Terms of Service(“Terms”) govern your use of the Swift Pros services, including Swift Pros’s website, Swift Pros mobile applications, and any websites (or portions thereof) or mobile applications that are operated by Swift Pros (collectively, the “Services”), and are entered into by you and Aidi inc. (d/b/a Swift Pros), an Alberta corporation (“Swift Pros”).
SECTION 11 (“DISPUTES & ARBITRATION”) OF THESETERMS PROVIDE THAT ANY CLAIMS THAT YOU AND SWIFT PROS HAVE AGAINST EACH OTHER,INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORETHE EFFECTIVE DATE OF THESE TERMS, WILL, WITH LIMITED EXCEPTIONS, BE SUBMITTEDTO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATIONAGREEMENT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST SWIFT PROS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASSOR REPRESENTATIVE ACTION OR PROCEEDING. YOU ALSO WAIVE YOUR RIGHT TO SEEKRELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE SEE SECTION11 FOR MORE INFORMATION REGARDING THIS ARBITRATION AGREEMENT, THE POSSIBLEEFFECTS OF THIS ARBITRATION AGREEMENT, AND HOW TO OPT OUT OF THE ARBITRATIONAGREEMENT.
The Services comprise a platform that presents you with access to service associates who you can hire to render service to you at your chosen location(s). Parts of the service may be performed with/by third parties including helpers or third parties’ services and goods provider (collectively, “Third Party Providers”).
Services will be conducted by Associates select method, tools, equipment & procedures. You acknowledge that services are provided by third party independent contractors who are not employed by Swift Pros.
When you use the Services to place an order for services(s), you authorize the purchase and delivery of the necessary products and parts where applicable to complete the service. Unless otherwise specified, you acknowledge and agree that Swift Pros and the associate are acting as your agents in the picking and/or delivery of products and parts purchased on your behalf and are not the seller of the products and parts to you. You agree that you will compensate Swift Pros at the service completion for the products and parts purchased on your behalf.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Swift Pros, Swift Pros does not form any employment or agency relationship with you and does not hold title to any products and parts that you order through the Services.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the service takes place.
Occasionally there may be information on the Services that contains typographical errors, road condition changes, inaccuracies, or omissions that may relate to service pricing, and availability. Swift Pros reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel service(s) if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your service request and/or your method of payment has been charged).
1.Your Use of the Services
Swift Pros grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Swift Pros’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Swift Pros’s written permission, you may not reverse engineer or at tempt to extract the source code of the Services. You may only access the Services through the interfaces that Swift Pros provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit and are solely responsible for that content. You grant Swift Pros a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Swift Pros may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Swift Pros will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using Swift Pros on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Associates and individuals who support Swift Pros’s Help Center. Swift Pros reserves the right to decline orders, refuse partial or full service(s), terminate accounts, and/or cancel service orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. Swift Pros may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Swift Pros with any feedback on or comments regarding the Services, you grant Swift Pros the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for service cancellations, refunds, or disputes, please visit your account to initiate such requests.
2. Swift Pros Communications
By creating a Swift Pros user account, you agree to accept and receive communications from Swift Pros or Associates, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Swift Pros. You understand and agree that you may receive communications generated by automatic telephone dialling systems and/or which will deliver pre-recorded messages sent by or on behalf of Swift Pros, its affiliated companies and/or Associates, including but not limited to communications concerning service orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from Swift Pros by replying “STOP” from the mobile device receiving the messages.
3. Third-party Products and Content
You agree that Swift Pros does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that Swift Pros will have no liability based on such purchase, use, or access.
4. SERVICEPROVIDED AS-IS AND RELEASE OF CLAIMS
THE SERVICES ARE PROVIDED "AS IS" AND"AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFT PROS DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS,LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OFMERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE,AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, SWIFT PROS MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, ORGUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, ORAVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY ASSOCIATES OR THIRDPARTY PROVIDERS, OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES FROMRETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SWIFT PROS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ASSOCIATES, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUTOF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY ASSOCIATES OR THIRD PARTYPROVIDERS, OR ANY PRODUCTS REQUESTED ON YOUR BEHALF OR BY YOU OR DELIVERED TOYOU, REMAINS SOLELY WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUAGREE THAT NEITHER SWIFT PROS NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, ORSUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY ASSOCIATE OR THIRDPARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY ASSOCIATE OR THIRD PARTYPROVIDER. NEITHER SWIFT PROS NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, ORSUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTIONWITH THE ACTS OR OMISSIONS OF ANY ASSOCIATE OR THIRD-PARTY PROVIDER.
If you have a dispute with one or more associate or Third Party Providers, you agree to release Swift Pros (including Swift Pros affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected to such disputes.
5. LIMITATION OF LIABILITY
THIS PROVISIONAPPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL SWIFT PROS (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, ANDSUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE,CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FORDELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANYINFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICEINTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISINGOUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISINGINCLUDING NEGLIGENCE, EVEN IF SWIFT PROS OR SWIFT PROS’S AGENTS OR REPRESENTATIVES KNOWOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SWIFT PROS (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, ANDSUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARYAND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES,BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OFYOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY ASSOCIATES OR THIRD PARTYPROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR RECOMMENDED BY SWIFT PROS ORASSOCIATES OR DELIVERED TO YOU, EVEN IF SWIFT PROS OR SWIFT PROS’S AGENTS ORREPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SWIFT PROS, ITSAFFILIATES, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BELIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANYSERVICES PROVIDED BY ASSOCIATES OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS ANDPARTS REQUESTED BY YOU OR RECOMMENDED BY SWIFT PROS OR ASSOCIATES OR DELIVERED TOYOU FOR MORE THAN THE GREATER OF $50 OR THE AMOUNTS PAID BY YOU TO SWIFT PROS FORTHE PAST 12 MONTHS OF THE SERVICES.
You agree to defend, indemnify and hold harmless Swift Pros and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
7. Disputes & Arbitration
If you have a dispute with Swift Pros arising out of your use of the Services, Section 6 applies. You agree to contact Swift Pros first and attempt to work out any such dispute amicably.
You can stop using the Services at any time and without notice to us. Similarly, Swift Pros may terminate access to the Services to you or any other users or stop offering the all or part of the Services at anytime without notice. In the event of Termination, Section 1 and Sections 7-11survive and continue to apply to you.
9. Controlling Law
To the extent permitted by applicable law, these Terms will be governed by the laws of the Province of Alberta for residents of Canada (except Quebec), without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 7 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Fort McMurray for residents of Canada (except Quebec), and you and Swift Pros consent to the personal jurisdiction of those courts.
For Quebec residents only, to the extent permitted by law, these Terms will be governed by the laws of the Province of Quebec without respect to its conflicts of laws principles. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 10 (Disputes & Arbitration) of these Terms shall be brought exclusively in the courts of competent jurisdiction in the City of Montreal, and you and Swift Pros consent to the personal jurisdiction of those courts.
10. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with Swift Pros, shall constitute the entire agreement between you and Swift Pros with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
11. No Waiver
Swift Pros’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. Swift Pros may assign its rights, licenses, and obligations under these Terms without limitation.
13. Changes to the Terms
We may make changes to these Terms from time to time. When Swift Pros does so, Swift Pros will post the most current version of the Terms on Swift Pros’s website and, if a revision to the Terms is material, Swift Pros will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
14. Copyright and Trademark Policy
Swift Pros respects the intellectual property rights of others and has implemented a copyright and trademark policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Swift Pros will respond to valid notices of copyright infringement and reserves the right to terminate any users, at Swift Pros’s sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights.
If you believe any content posted or made available on the Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Swift Pros’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Services (e.g., the URL of the claimed infringing material if applicable or other means by which Swift Pros may locate the material); (c)complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.
ATTN: Copyright Agent
If you believe any content posted or made available on the Services constitutes infringement of your trademark rights, you may also send your notice to Swift Pros's designated Copyright Agent using the contact information listed above. Please include as much detail as possible so that we may respond to your notice in a timely manner, including but not limited to description(s) of your trademark(s), your trademark registration number(s), description(s) of the products allegedly using your trademark(s)without authorization, and the location of such allegedly infringing product(s).
15. Contact Information
If you have any questions, or comments about these Terms please contact Swift Pros at: firstname.lastname@example.org