Other Terms

App Terms & Conditions

 

Definitions and interpretation

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.
  • “We” and “Us” refers to the company “Swalky Ltd” 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 paid members and non-members.

Terms and conditions of usage

We use ‘Google Maps’ location services as part of our registration and search process. Our app has been developed in a secure way that only uses GPS coordinates to populate search results. No physical addresses are stored on our servers. It is the responsibility of the user to determine what information is inputted and displayed. We are unable to monitor all inputted information and thus takes no responsibility for publicly displayed addresses and personal data.

Our app requires completed profiles in order to function correctly, hence all profile fields must be filled in order to save user preferences. You can control the information you share publicly by using the ‘Privacy’ settings menu.

We are 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 harmful material is ever propagated by our web portal to members. We do not accept responsibility for any financial loss whilst using our services.

“Confidential Information” means all personal contact information provided by Swalky® members, which is stored on a secure AWS 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 us.

 

“Effective Term of Contract” means the membership start and termination dates that a member has agreed to. Memberships are only active between the start and termination dates applicable to contracts. Swalky® complies with all Data Protection Acts and is registered with the Information Commissioner’s Office (ICO) reference no. A9029513. 

Services

This agreement details the terms and conditions that are associated with the usage of our 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.

  • Access to Swalky® is available on a 24/7, 365-day basis, subject to any adverse internet service provider conditions.
  • Swalky® is a virtual business operating in the UK. We are not a registered internet service provider (ISP) and are therefore dependent on third party ISP’s to deliver our services.

“Membership Expiry ”A member may renew their membership period on payment of the agreed fee, or allow Swalky® to automatically renew a membership. 

“Access Charges” Refers to the subscription fees that are applicable to Swalky® memberships. “Contact Details” Refers to member contact information that is stored within the application database.

Membership service levels

Service levels shall be as follows:

Out of hours faults / service problems may be reported by email, or by using the contact us page above and will be investigated during the next working day.

Membership policy

Your agreement starts from the date you register your account on our app. We currently offer a free basic membership and paid premium membership. We reserve the right to amend these terms at any time and make changes to our pricing structure.

Obligations

We will not be liable for reward or any compensation whatsoever to the finder of any lost object.

We 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.

We 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®.

Service Suspension

We reserve 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, we retain the right to terminate their usage of all digital services.

Price and Payment

Under this contract members are provided access to our Swalky® application for the duration of their membership period. Accounts can be terminated at any time through the user’s request here.  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 however, the remaining term must be paid in full before the service can be cancelled. Subscriptions will renew automatically upon the renewal date unless cancelled by the user. We cannot be held responsible for reimbursing subscriptions that have not been cancelled.

Refund policy

Due to the nature of the services that we provide, we are unable to offer refunds for digital memberships.

Limitations of liability

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.

Term

This Agreement commences from the users’ Account Creation date and will continue for the chosen membership period.

Termination

This contract agreement may be terminated within 24 hrs of payment by the member, or when we deem necessary.

Confidentiality

We 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.

Relationship

This contract agreement does not constitute a partnership between Swalky Ltd and any other member or company.

Entire Agreement

This contract agreement constitutes the entire agreement and understanding between us and our members in respect of their membership.

We are registered with Companies House as Swalky Ltd (company number 13414841) and are 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”.

 

Last updated: 27 August 2022.