Terms & Conditions
Last updated: MARCH 3, 2015
Welcome to the swoob.com website (the “Site”). Swoob Inc. (the “Company”, “we”, “us”, “our”) manufactures and sells female sportswear. We also provide a subscription food service delivering packaged foods directly to consumers via mail (collectively, including all features, functionality and content of the Site, the “Services”).
By using, visiting, or browsing the Site or Services, you accept and agree to be bound by the terms and conditions of this Agreement, so please read this Agreement carefully before using the Site or Services. If you do not accept and agree to be bound by the terms and conditions of this Agreement, you should not use the Site or Services.
You must be 18 years of age or older to use the Site or Services or to accept this Agreement.
CHANGE OF TERMS
Swoob has the right to modify, amend or delete any policy posted on its sites at any time or for any reason. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.
ACCOUNTS & SUBSCRIPTIONS
- Account creation
- In order to use our Services, you must provide us with personal information as prompted by the registration form. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may cancel your orders at any time by following the instructions in the "Return" section of the Site or contacting us directly at email@example.com. We may refuse any registration refuse our Services for any reason whatsoever. We may suspend or terminate your Account in accordance with our "Right to Terminate."
- Upon registering, ordering snack boxes as part of a promotion and/or signing up to receive regular deliveries, restarting regular deliveries, or changing credit or debit card details, your credit or debit card will be authorized for up to the cost of two snack boxes to verify your payment details. A $1 payment may be applied to your card in order to authorize it and prevent fraud. This payment will be immediately voided, but some banks may temporarily reflect this shadow transaction on your account balance. It should disappear from your bank statement within 5-10 business days.
- Account Responsibilities
- You are fully responsible for keeping your Account login information confidential and for all activities that occur within your Account. If you suspect that there has been unauthorized access to your Account or any other potential security breaches you agree to immediately notify us of this. We will not be liable for any loss or damage arising from your failure to comply with these requirements.
- On-going subscription
- By ordering the Service you are signing up to a periodic subscription with us and agree to pay the then current applicable Service fee listed on the site (as defined by the number of snack boxes you choose to receive per period). Your subscription, which may start with a free or discounted snack box, will continue at the level you have chosen (or at a different level if you change your preferences) unless and until you cancel your subscription or we terminate it. You must cancel your subscription before your billing day for each period (which will be clearly stated in the “The Box” section of the Site) in order to avoid billing of the next period’s Service fee to your chosen payment method. We will automatically bill the Service fee every period to the payment method you provide to us during registration (or to a different payment method if you change your account information). We may change the pricing for the Service by updating the Site and without any additional notice to you, provided that any changes will not take effect until your subscription renews.
- You may cancel your subscription at any time. To cancel, visit the Site and click on "Returns" on the "Home" page and follow the instructions for cancellation under the heading "Cancel Subscription." Or, email firstname.lastname@example.org and we take care of it for you!
- Free or Discounted Offers
- Free or discounted introductory offers are only available to new users of the Service, except where expressly stated, previous users or trialists of the Service do not qualify for an additional special offer. Free or discounted offers are available only once to any one person. Discounts and credits cannot be used in conjunction with any other offers. You must have internet access and valid payment details to redeem a free or discounted offer. You will be charged the full price for snack boxes after your free or discounted offer, or if the Service subscription is canceled prior to the offer term. We otherwise will continue to bill you by your chosen payment method for the Service until you cancel your subscription.
- Payment details
- If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future snack boxes in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us on email@example.com.
Some of the links we make available to you through our website will redirect you to leave our website(s). We cannot guarantee that the hyperlinks set out on our website(s) will be accurate in any respect. Moreover, the third party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control. We cannot and do not monitor the websites linked to our pages on the Internet. Accordingly, we assume no responsibility for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. We believe that making available hyperlinks to publicly accessible web pages and newsgroups is legally permissible and consistent with the common, customary expectations of those who make use of the Internet. These links are provided only for your convenience, and their inclusion does not constitute or imply approval or endorsement by Swoob or their sites or their content.
Communications between you and Swoob may be done electronically. We may send you communications from us electronically, whether by e-mail, by posting notices on the website, or other electronic means. You agree that any such electronic communications are considered to be communications in writing. You should not send personal information such as addresses or credit card information by e-mail.
- Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to use the Site and Services for your personal and non-commercial use. Any breach of this Agreement will result in the immediate revocation of the license granted in this paragraph without notice to you.
- Except for the foregoing limited license, no right, title or interest shall transfer to you. You may not reproduce, display, transmit, license, lease, rent, sell, transfer, assign, distribute, create derivative work from, translate, modify, reverse engineer, disassemble, decompile or otherwise exploit the Site or Services or any portion of them unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that a customer conduct violates applicable law or is harmful to our interests.
- You acknowledge that all copyrights, patents, trademarks, and any other intellectual property rights contained within the Site and/or Services are owned by us or our agents. Our provision of the Site and delivery of the Service to you does in no way transfer to you, or any third party, any rights, title or interest in or to these intellectual property rights. We and our agents reserve all rights not granted in this Agreement.
- You acknowledge that we have no responsibility to provide you with any support in relation to the Site or Services.
- Ongoing Changes to the Site; Service
- From time to time, we test various aspects of the Service, including the Site, user interfaces, service levels, plans, promotions, features, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
- Although we aim to offer you the best service possible, we make no promise that the Site and Services will meet your requirements and we cannot guarantee that the Service will be fault free. If a fault occurs in the Service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
- Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the Service as soon as we reasonably can. In the event that the Site is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via email at firstname.lastname@example.org.
PRIVACY + SECURITY
The Internet, being an open network, is not secure. If you choose to send any electronic communications to Swoob by means of this website (whether by means of email or posted messages on the website), you recognize the inherent risk of such an open network. Swoob does not, and cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely. However, with respect to the transmission of personal information including, but not limited to, credit card information, Swoob makes every effort to protect that information using reasonable security measures that generally meet acceptable industry standards for security. Such personal information should only be provided through our check-out procedure which uses encryption technologies to provide secure on-line transactions.
- By using the Site, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., change in password or Payment Method, confirmation e-mails and other transactional information) and information concerning or related to the Service. These communications are part of your relationship with us and you receive them as part of your subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post content on certain portions of Swoob’s websites, and submit other content or information to Swoob, provided that the content is legal, not injurious to third parties, or otherwise objectionable, as determined by Swoob. You are not permitted to post or submit software viruses, political campaign messages, commercial solicitations, chain letters, mass mailings, or any form of spam. You must use your own e-mail address in submitting or posting such content. Swoob reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Posting content or submitting material shall grant Swoob the right to use and display such content pursuant to a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license. You grant Swoob and sublicensees the right to use the name that you submit in connection with such content, if they choose. By posting content or submitting material, you represent and warrant that you own or otherwise control all of the rights to that content or material, and that you will indemnify Swoob for all claims resulting from content you supply. Swoob has the right but not the obligation to monitor and edit or remove any activity or content. Swoob takes no responsibility and assumes no liability for any content posted by you or any third party.
THIRD PARTY SITES & ADS
- From time to time the Site may include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse, approve, monitor or review these websites. We have no responsibility for the content of the linked websites.
- You use all external links at your own risk. Once you have used these links to leave our site we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by our privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
RISK OF LOSS, RETURNS, REFUNDS AND TITLE
All items purchased from Swoob are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Swoob does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Swoob does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
USER MATERIAL + FEEDBACK
- User Material
- If you provide us with any feedback, suggestions, ideas or information (including in your User Material) regarding the Site or Services (“Feedback”), you agree and acknowledge that you assign all rights in the Feedback to us and that we have the right to use any such Feedback in any way we see fit. Any Feedback you provide to us as will be regarded as non-confidential and non-proprietary. You agree that you will not provide to us any Feedback that you consider to be confidential or proprietary.
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of Swoob’s knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
You agree to indemnify, defend and hold the Company (and its officers, employees, agents and its affiliates, parent company(ies) and their respective officers, employees and agents) harmless from and against any claim, demand, action, proceeding, damage, fine, penalty or loss of any kind, including attorneys’ fees and costs, made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Material, (c) your violation of this Agreement, or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
RIGHT TO TERMINATE
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement for any or no reason whatsoever. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Services and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Site and Services in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) arising before the date of termination. You understand that any termination of your Account involves deletion of your User Material associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Material.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SWOOB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWOOB DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS & SPORTSWEAR (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SWOOB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWOOB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS & SPORTSWEAR (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SWOOB ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SWOOB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS & SPORTSWEAR (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
PURCHASE OF SNACK BOXES
We select your snack boxes based on your feedback. We reserve the right to not send certain combinations of products together in a snack box.
INFORMATION ABOUT WHAT FOOD PRODUCTS CONTAIN
- On each product is provided a list of the product's ingredients. We also state if a product contains any of the following ingredients/substances which may cause allergies or intolerances:
- tree nuts (i.e almond, hazelnut/filbert, walnut, cashew, pecan nut, brazil nut, pistachio nut, macadamia nut and coconut);
- soy or soybeans;
- As all of the products provided are not prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above.
- In some cases we include nutritional information relating to each product on our website on each product's page. Your snack box will also come with a leaflet containing this information relating to the products you have chosen.
In no event shall we, including our shareholders, directors, officers, employees or agents, and the Company’s affiliates and parent company(ies), and their respective shareholders, directors, officers, employees and agents be liable (jointly or severally), to you or any third party for any special, incidental, exemplary, punitive, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Our maximum liability to you, arising out of or in connection directly or indirectly with your use of the Site, Site content or our Services shall not exceed in aggregate the total amount paid by you to us in respect of the Services in the month preceding any such claim. The existence of more than one claim will not enlarge this limit. You agree that our agents will have no liability of any kind arising from or relating to this agreement.
Attn: Legal Department
PO Box 2962
Salt Lake City, UT 84110