In this Agreement (except where the context otherwise requires), the following words and expressions will have the following meanings:
“Agreement” means the Schedule, Appendix 1 and this Appendix 2.
“Swalky Ltd” refers to the Company and operator of “Swalky®”, meaning the principle business that owns and operates the Swalky® app portal, its associated services and member information services.
“App Portal” refers to Swalky® used by members and non-members.
Swalky® uses ‘Google Maps’ location services as part of its registration and search process. It is the responsibility of the user to determine what information is inputted and displayed. Swalky Ltd is unable to monitor all inputted information and thus takes no responsibility for publicly displayed addresses and personal data.
Members may update their contact profiles by entering their email address and other contact information into the system.
Swalky Ltd is registered with the Data Protection Agency and will not share or make available members contact information with any person or company.
It is the member’s responsibility to update their personal contact information when required.
Every precaution is taken to ensure that no viruses or adverse material is ever propagated by the web portal to members.
Swalky Ltd does not accept responsibility for any financial loss experienced whilst using our services, or injuries occurring whilst undertaking events with any member.
“Confidential Information” means all personal contact information provided by members of Swalky®, which is stored on a secure environment. Concerning information belonging to, relating to or generated by a party, including information concerning members, or any other agents, intellectual property, and financial results received by any party as a result of entering into or performing duties as part of this contract agreement. Including confidential business Information and any data concerning the Services provided by Swalky Ltd.
“Effective Term of Contract” means the start and termination dates that a member has agreed to purchase. Swalky Ltd complies with all Data Protection Act and is registered with the Information Commissioner’s Office (ICO) reference no. A9029513.
Memberships are only active between the start and termination dates applicable to contracts.
This agreement details the terms and conditions that are associated with the usage of the Swalky® app. Members of Swalky® are able to input their search criteria into the system in order to identify people and or dogs, whom they may like to contact to arrange social walks with.
Members’ contact information is maintained on a secure server. It is the responsibility of the members to ensure that their personal contact information is kept up to date at all times.
“Membership Expiry” A member may renew their membership period on payment of the appropriate fee, or allow Swalky® to automatically renew a membership.
“Access Charges” Refers to the Membership Charges that are applicable to
Swalky® memberships “Contact Details” Refers to member contact information that is stored within the application database.
Service levels shall be as follows:
Out of hours faults / service problems may be reported by Members via email or using the contact us page and will be investigated during the next working day.
Your agreement starts from the date you register your account on the Swalky® app. Membership is currently free to all users however, we reserve the right to withdraw these terms at any time for future registrations.
Swalky Ltd will not be liable for reward or any compensation whatsoever to the finder of any lost object.
Swalky Ltd shall not be liable if, through fraud, deceit or other means, a person or persons falsely claims, steals or obtains any personal item or animal.
Swalky Ltd shall have no liability whatsoever for any damages, including without limitation actual and consequential damages, that a member or any person may sustain, or incur as a result of the delivery or non-delivery of any service provided by Swalky®.
Swalky® reserves the right to suspend access to all provided services where a member has violated the terms of their contract, or where a member has intentionally provided incorrect personal information for the purposes of defrauding, or to assume a false identity for whatever reason. Proven violations of trust will result in the removal and suspension of a member’s account on a permanent basis. Where a member intentionally communicates information, which is unlawful, or in breach of their contract terms and conditions, Swalky® retains the right to terminate their usage of all digital services.
Under this contract members are provided access to the Swalky® application for the duration of their membership period. Accounts can be terminated at any time through the user’s request. Basic memberships are free to use and no costs will be incurred. Paid memberships are available for purchase and grant users’ access to all premium features. No purchase is necessary and subscriptions can be cancelled at any time.
Due to the nature of the services provided by Swalky Ltd, refunds are not provided for digital membership.
Neither party will have any liability to the other for any claim for (a) loss of revenue or profits; (b) loss of anticipated savings; (c) loss of goodwill or injury to reputation; (d) loss of business opportunity; (e) losses suffered by third parties; or (f) indirect, consequential or special loss or damage, in each case regardless of the form of action, whether in contract, strict liability or tort (including negligence), and regardless of whether the party knew or had reason to know of the possibility of the loss, injury, or damage in question.
This Agreement commences from the users’ Account Creation date and will continue for the chosen membership period.
This contract agreement may be terminated within 24 hrs of payment by the member, or when deemed necessary by Swalky Ltd.
Swalky Ltd will maintain the confidentiality of members’ contact information at all times. Members’ contact Information may only be used for the specific purpose of identifying members for the purposes of social walking and networking. Neither party shall disclose the other party’s Confidential Information to any third party.
This contract agreement does not constitute a partnership between Swalky Ltd and any other member or company.
This contract agreement constitutes the entire agreement and understanding between Swalky Ltd and its members in respect of their membership.
Swalky Ltd is registered with Companies House under company number 13414841 and is legally permitted to make “Retail sales via mail order houses or via Internet” and embark in “Activities of other membership organisations not elsewhere classified”. Swalky® is trademarked with the Intellectual Property Office (IPO) under class 9 “Application software for social networking services via internet” and class 35 “Advertising and marketing services provided by means of social media”.