PLEASE READ THESE CAREFULLY BEFORE USING SWIFT
1. About Us and About Swift.
‘We’, ‘Us’ or ‘Our’ = Quantum Momentum Limited, a company incorporated in England with registered number 10243716 and registered address at Unit 3, 4-7 Frederick Terrace, London, E8 4EW.
Swift is a mobile application (“Swift”) which enables the promotion of a Venue and its Goods to You, allows You to find Venues, to browse Goods menus and to place Orders to purchase Goods from Merchants.
In these Terms, the following terms shall have the following meanings:
“Contract” means the contract between You and a Merchant for the sale and purchase of Goods;
“Goods” means any food or drinks offered for sale by a Merchant via Swift;
“Merchant” means the owner and/or operator of a Venue who is offering its Goods for sale via Swift;
“Order” means an offer made by You to purchase Goods from a Merchant via Swift;
“Payment Method” means the form of payment offered by the Payment Provider and selected by You for Your Order;
“Payment Provider” means Stripe;
“Venue” means an establishment owned and/or operated by a Merchant who is offering its Goods for sale via Swift; and
“Verification Code” means the unique alphanumeric code generated by Swift and provided to You to identify a valid Goods transaction.
3. Using Swift
Age. You must be aged 18 or over to use Swift.
Criminal Convictions. You must not use Swift if You have a criminal conviction or are subject to a court order.
Background Checks. We do not background check Our users, nor do We verify their statements but We reserve the right to do so.
Your Actions On Swift. You are solely responsible for Your actions on Swift and You use it at Your own risk.
Your Account. You are responsible for all activities that occur under Your Swift account. We will not be responsible if someone else logs in as You. Don’t give Your account details to anyone else, do use an unusual password and change it regularly. Please contact Us immediately if You suspect or become aware of unauthorised use of Your account. You are not permitted to download, access or use Swift on any device which You do not own or control.
Monitoring and Reporting. We do not monitor conduct or content on Swift but reserve the right to do so. If You see anything inappropriate on Swift, please email firstname.lastname@example.org.
Inactive accounts. If You don’t use Swift for 9 months or more, We’ll suspend Your account. If You don’t use Swift for 15 months or more, We’ll delete it.
Mobile Data You acknowledge that Your agreement with Your mobile network provider (“Mobile Provider”) will apply to Your use of Swift. You acknowledge that You may be charged by the Mobile Provider for data services while using certain features of Swift (including push notifications) or any such third party charges as may arise, such as roaming charges, and You accept responsibility for such charges. If You are not the bill payer for the device being used to access Swift, You will be assumed to have received permission from the bill payer for using Swift.
Prohibited Activities. Be respectful when You use Swift. Without limitation, do not:
o Harass or act aggressively towards any Venue staff;
o Harass or act aggressively towards other Venue customers;
o Purchase alcoholic drinks for anyone under 18;
o Do anything illegal, defamatory or libellous;
o Infringe anyone else’s rights, including any intellectual property, proprietary or privacy rights.
Using Swift for Free. Your use of Swift is currently free of charge. We reserve the right to require You to pay to use Swift in the future, upon notice to You and with Your consent.
Security. We will do everything We can to keep Swift secure. However, We cannot guarantee its security. By using Swift You understand that Your transmissions on it may not be completely secure and that any information You transmit may be intercepted by others. Please ensure You set access protection to Your phone or other device.
Viruses. We cannot and do not guarantee that Swift will be free from viruses and/or other malware. You are responsible for implementing appropriate safeguards (including anti-virus and other security measures). You must not transmit any viruses, worms or any other code designed to affect Swift’s functionality.
Changes to these Terms. We may change these Terms at any time without notice. If We make a material change to them We will notify You and post the new version on Swift.
Contact. If You have a query or problem regarding Swift or any of these Terms please email us at email@example.com or write to us at Unit 3, 4-7 Frederick Terrace, London, E8 4EW.
4. Ordering Goods – General
Alcoholic Drinks. If You order alcoholic drinks on Swift, You are solely responsible for ensuring that You enjoy such goods responsibly. Go to www.drinkaware.co.uk for advice on responsible drinking. Any alcoholic drinks in Your Order must be either for You or for others who are at least 18 years old.
Who Your Order is with. Swift acts as the Merchant’s agent to receive Your Orders. Any Contract for anOrder is between You and the Merchant, not between You and Swift. We will not be responsible to or liable to You in any way, howsoever arising, in connection with an Order.
Goods. We are not in any way responsible or liable to You for Goods shown on Swift; the Goods are entirely the responsibility of the Merchant. If you have any queries regarding food allergies, the ingredients, description or price of any Goods, please enquire directly with the Merchant prior to placing your Order.
Prices. The price of Goods on Swift is determined solely by the Merchant. The prices shown on Swift may differ from the prices available at the Venue. The prices shown on Swift will apply to Your Order.
Order Errors / Changing or Cancelling Your Order. You are responsible for ensuring that Your Order is made with the right Merchant. You will not be entitled to a refund if You place an Order with the wrong Merchant. Once You receive an Order Confirmation, You will not be able to change or cancel Your Order via Swift. However if You speak to a member of the Venue staff before Your Order is made, You may be able to obtain a refund or change your Order directly with the Merchant – but this will be entirely at the Merchant’s discretion.
When Your Order May Be Refused. A Merchant may refuse to fulfil an Order: (a) in their sole and absolute discretion; (b) if You are unable to provide the Verification Code; or (c) if You don’t pick up Your Order within 5 minutes of receiving the Collection Alert.
Past Orders. You can view Your past Orders via the “Your Account” tab on Swift. You will be able to view the Goods You ordered, their prices, the total amount paid and to which Merchant.
5. Ordering Goods – How the Process Works
Placing an Order. To place an Order via Swift all you need to do is choose your Venue, select your Goods, checkout and pay for Your Order via Your chosen Payment Method.
Order Confirmation. After You have paid for your Goods, You will receive an in-app message from Swift on behalf of the Merchant, confirming that Your Goods are being prepared (“Order Confirmation”). At this point, the contract between You and the Merchant is formed.
Verification Codes. When Your Order is ready to pick up, you will receive an alert on Your phone (“Collection Alert”). The Collection Alert will contain Your Verification Code. You must then go to the Swift allocation point (usually marked at or near the bar) and show the Venue staff Your Verification Code.The Merchant will not release Your Order to You without the correct Verification Code. Keep the Verification Code confidential and do not disclose it to anyone. If You do disclose it to someone who then collects Your Order without your permission, You will not be entitled to a refund or replacement Goods.
If Your Order is Refused. If a Merchant refuses to fulfil Your Order, or if You cannot collect Your Order because You are refused entry to the Venue, delayed by having to queue to enter the Venue or ejected from the Venue, You accept that You may still be charged for that Order, You may not be entitled to a refund and Swift will not have any liability to You.
6. Paying for Your Order.
Payments are made to the Merchant, not Swift. Swift enables You to contract with a Merchant to place Orders. When You place an Order, You are contracting directly with the Merchant who is directly responsible and liable to You in respect of that Order.
When You will be Charged for an Order. You will be charged for Your Order immediately after You check out and pay for Your Goods via Swift via Your chosen Payment Method.
7. Other Important Terms
Warranties. We provide Swift on an “as is” basis without representation, guarantee or warranty of any kind including that Swift will be uninterrupted or error free, accurate, complete, reliable or be suitable for Your use. We reserve the right to withdraw or amend Swift without notice. We will not be liable to You if Swift is unavailable at any time or for any period.
Liability. To the fullest extent permitted by law We exclude Our liability for loss or damage of any kind and expressly disclaim any warranties or conditions or other terms of any kind, whether, express or implied. In no event shall We be liable for any indirect or consequential losses or for any loss of profits or anticipated profits, loss of opportunity, loss of benefit or loss of data in any way connected to or arising out of Your use of Swift. Nothing in these Terms shall exclude Our liability for death or personal injury caused by Our negligence or for fraud. You acknowledge and agree that Swift is not liable to You in respect of the Goods supplied to You by a Merchant (including but not limited to their description, prices, ingredients or availability). These are provided by, and are the sole responsibility of the Merchant.
Indemnity. You will indemnify Swift and its directors, officers, shareholders, employees and agents from and against all claims (including reasonable legal fees) in any way directly arising out of Your breach of these Terms, any applicable law or the rights of any third party.
Our stuff. Swift – including its logo, designs, systems and content and all intellectual property rights in it -belongs to Us. Except as expressly set out here, nothing in these Terms gives You any rights in Swift. If You try to use Swift for any unauthorised purpose, We may take legal action against You.
Licence. Swift grants You a limited, non-exclusive, non-assignable, non-sub-licensable licence to use Swift for Your personal, non-commercial purposes. You grant Swift a perpetual, non-exclusive, royalty-free, worldwide licence, and right to copy, use, distribute and display Your content on any media for the purposes of promoting the Swift app and service and You waive any “moral rights” in Your content.
Termination. We reserve the right to suspend or delete Your account, refuse or withdraw Your access to Swift or remove Your content from Swift for any reason, without notice or liability in Our sole and absolute discretion. If We do so, all rights granted to You by Us will terminate and You must immediately stop using Swift.
Electronic Communications. From time to time we may need to send you administrative or functionality-related communications, including by email or by way of posts on Swift. Any other communications that We send You electronically will satisfy any applicable legal requirements.
Events Outside Our Control. We will not be responsible for any failure to perform or delay in performing any of Our obligations to You if such failure of delay result from events, circumstances or causes beyond Our reasonable control.
Compliance with Laws. In using Swift, You agree to comply with all applicable laws and regulations.
Governing Law and Jurisdiction. These Terms will be governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any dispute arising under or in connection with them, save for that nothing shall prevent us from bringing proceedings to protect Our intellectual property rights before a competent court in any jurisdiction.
Third Party Rights. Only Swift and Swift users shall have any rights to enforce any of these Terms.
Entire Agreement. These Terms set forth the entire understanding and agreement between You and Swift with respect to their subject matter.
Severance. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.