Terms of Service
Swiggle Terms of Service
Last Revised: November 19, 2016
The following terms and conditions shall govern the download, installation and use of the Swiggle application and any related software files we may make available from time to time (the “Software”), as well as the browsing and use of the Swiggle website located at http://www.swiggle.co/ (the “Website”, and together with the Software and associated services, the “Services”).
By using the Services, you (the “User“) accept and agree to be bound by these terms and conditions. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS, YOU ARE REQUIRED TO REFRAIN FROM USING THE SERVICES. Swiggle reserves the right to terminate your permission to use the Services, in whole or in part, and/or to terminate or suspend the operation of the Services at any time and without prior notice. Swiggle reserves the right to change or add to these Terms and Conditions at any time and without prior notice. All changes and additions are effective immediately upon posting them to this screen. Your continued use of the Services will constitute agreement to abide and be bound by the Terms and Conditions as modified or supplemented from time to time.
This terms and conditions (the “Agreement”) constitute the entire agreement between you and us, Swiggle Inc. (the “Company“), with respect to the use of the Services, and shall replace any and all other agreements.
In these terms and conditions:
1.1 “Personal Information” means the contact, financial and other information that a User provides when signing into our Services, posting an enquiry or any other information on the Services.
1.2 “Content” means any data or information that a user uploads to the Services, including any Brand, Model Number, Product Description or Pricing information in respect of an enquiry by such user;
1.3 “Sale Transaction” means a retail sale of a product or service made by a Seller to you;
1.4 “Seller” means any retail store, vendor or other person that has made a Sale Transaction to a user of our Services;
1.5 “Provider” collectively means retailers, credit card issuers and credit card companies
1.6 “Item” refers to items, products and services you may acquire from time to time
1.7 “we”, “us”, and “our” are references to Swiggle Inc.
1.8 “you” and “your” and “User” are references to you as the user of our Services.
2. Our Role
2.1 In making the Services available, our role is solely that of an independent party offering a service to run automated internet price checks in order to use our reasonable efforts to verify comparative pricing of a product or service purchased by you from a Seller that offers a price protection policy. We are not affiliated with any Seller and we are not involved in, and assume no responsibility or liability of any kind in respect of, any Sale Transaction made by you with any Seller, nor do we guarantee or provide any representation or warranty of any kind relative to the product or service you purchased under the Sale Transaction, or the price you paid. Swiggle is not an online store. Any recourse you have in relation to any Sale Transaction is solely with the Seller. Without limitation to the foregoing, if the Seller has offered you any kind of price protection plan, pledge or guarantee relative to the Sale Transaction (“Seller’s Price Protection Offer”), we do not provide any guarantee of that Seller’s Price Protection Offer.
2.2 By registering to the Services, you explicitly authorize Company to facilitate tracking of price protection benefits and claim Providers, price protection refunds (“Refunds”) with respect to Items.
2.3 Our role will be limited to performing automated internet searches of the relevant market in which you purchased the product or service under a Sale Transaction in order to determine if we can identify a lower price for the identical product or service offered by a local competitor or by the same Seller that meets the requirements of Seller’s Price Protection Offer (“a Qualifying Sale Price”). In the event that we do identify a Qualifying Sale Price and you have purchased our service and paid the prepaid fee, we will attempt to claim a refund for you under the Seller’s Price Protection Offer. It is your responsibility to supply copies of all receipts and other information and documentation we require in respect of the Sale Transaction in order to confirm that you are eligible for a refund based on the Qualifying Sale Price, to apply on your behalf for a refund under the Seller’s Price Protection Offer and to ensure that we are given sufficient time to apply for the refund under the Seller’s Price Protection Offer having regard for applicable time limitations and the date of the Sale Transaction. If we are successful in obtaining a refund from the Seller on your behalf, we may, upon our receipt of any refund from the Seller, collect a success fee from you.
2.4 Certain elements of the Services may depend on our ability to access, track and use in your name accounts maintained by you with 3rd parties, such as your email account, or our ability to sign and submit Refund requests in your name through use of a signature sample. By providing us with log-in credentials for such accounts, you explicitly permit us to regularly review the contents of such accounts and use the features of such accounts in order to provide you with the Services (for example, tracking e-invoices sent to your email account with respect to Items, then sending, through such accounts, requests for Refunds) and warrant such access and use is permitted under the relevant account’s terms of service. Similarly, by providing us with a sample of your signature, you explicitly authorize and direct us to sign and submit, in your name and on your behalf, such Refund requests as we may see fit.
2.5 We do not guarantee that we will be able to identify a Qualifying Sale Price or, even if we do, that the Seller will honour the Seller’s Price Protection Offer. We are not responsible if your Sale Transaction does not qualify for a refund under Seller’s Price Protection Offer or, even if it does, for ensuring that the Seller will honour the Seller’s Price Protection Offer. We are also not responsible for accounting to you for any refund under the Seller’s Price Protection Offer.
2.6 If you have purchased our service in respect of a Sale Transaction, you agree that we are irrevocably authorized and empowered to act on your behalf in order to apply to the Seller for a refund in respect of such Sale Transaction. You agree to indemnify and save us harmless in respect of all actions we take in good faith on your behalf to attempt to secure the refund from the Seller.
3. Our Fees
3.1 We do not charge you a fee to run our initial searches to see if we can identify a Qualifying Sale Price in respect of your Sale Transaction.
3.2 By using the Services in order to track price protection benefits payable with respect to an Item, you – (i) undertake to keep updated with our fees and pay us, upon Refund with respect to the Item being acknowledged by applicable Provider, a success fee at such rate as may be presented from time to time on the Services; (ii) undertake to check the success fee rate which We may update from time to time; (iii) authorize Company to collect such success fee of 25% of every refund through any payment method communicated by you to the Company; and (iv) acknowledge that the Company may, at their sole discretion, update the success fee rate from time to time. If you believe you were charged in error, please notify us at email@example.com
3.3 You acknowledge that we do not guarantee receipt of the refund from the Seller.
4. Additional Terms and Conditions
4.1 The responsibility for your Content rests solely with you. You must ensure that the Content submitted within your Swiggle enquiry is accurate, reliable, not misleading or otherwise in breach of these Terms and Conditions. Swiggle will not take any responsibility for any enquiry that contains incorrect information and therefore remains unanswered. You agree to promptly respond to any requests for additional information or documentation made by Swiggle pursuant to an enquiry, provided that there is no obligation upon Swiggle to respond to an enquiry that is incomplete or that otherwise breaches these Terms and Conditions.
4.2 You must proof read and check all Content to be submitted as part of your Swiggle enquiry.
4.3 By uploading, transmitting or posting Content, you grant us permission and a royalty free license to use, edit, reproduce and communicate the Content on the Services and otherwise for the purposes for which you have uploaded it, including to permit us to perform any services purchased by you from us.
4.4 A Swiggle enquiry cannot be rescinded or edited by you upon submission.
4.5 You are not permitted to insert into Content fields any external website link or page URL. Your content must not contain or facilitate access to material of a pornographic or sexually explicit nature, material in breach of any third party’s intellectual property rights (including but not limited to pirated materials), material which is vilifying or defamatory, misleading or deceptive, or which promotes or incites unlawful activities, the dissemination of unsolicited email or text messages, computer hacking, or which contains or promotes any virus.
4.7 You must ensure that you are the owner of any contact information that you expressly or impliedly represent yourself as owning. We take no responsibility and assume no liability in that regard.
4.8 You must ensure that your access to and use of the Service is not prohibited under the terms of any current contract or other agreement to which you are a party. We accept no liability for any consequence of such a breach.
4.9 We make no representation as to the suitability of any Sale Transaction for a Swiggle enquiry following your submission of Content to the Service, nor do we represent that your Swiggle enquiry will be or is likely to be the subject of a Seller’s Price Protection Offer or, even if it is, that the Sale Transaction will be eligible for a refund under a Seller’s Price Protection Offer
4.10 You affirm that you are aged 18 years or over or, if you are under 18 years old, that your use of our Service is being done under the supervision and with the consent of a legal parent or guardian. You warrant and undertake that you have the legal capacity and power to enter into a legal agreement with us on the terms and conditions contained herein and to perform your obligations under it and any agreement with any Seller that is the subject of a Sale Transaction submitted to Swiggle.
4.11 We do not make any representations or warranties that your access to the Service will be uninterrupted, timely, and secure or error free.
4.12 We do not accept responsibility for any loss or damage, howsoever caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Service or any linked website, nor do we accept responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Service.
4.13 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions, is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited in accordance with Article 6 of this Agreement.
4.14 You must ensure that your access to this Service is not illegal or prohibited by laws which apply to you.
4.15 You must take your own precautions to ensure that the process which you employ for accessing this Service, does not expose you to the risk of viruses, malicious computer code or other forms of interference, which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Service or any linked website.
4.16 While we have no reason to believe that any particular information contained on this Service is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Service updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Service.
4.17 Responsibility for the content of any information related to a Seller or a Sale Transaction rests solely with the said Seller, and responsibility for the content of any competitor information of the Seller rests solely with such competitor. Responsibility for the content of any postings or advertisements by any persons on this Service does not constitute a recommendation or endorsement by us of such person and such person is solely responsible for any representations made in connection with its posting/advertisement. We do not screen or monitor the background, conduct, suitability or trustworthiness of any person (whether a Seller, a competitor or a user of our Service) and we assume no liability for any such screening or monitoring.
4.18 All information contributed by us and appearing on the Service is provided in good faith. You accept that any such information provided by us is general information and is not in the nature of advice. We derive such information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
4.19 We do not verify, and we assume no liability for, the accuracy of the content of user enquiries or Seller responses and we have no control over the quality, safety or legality of any Seller’s products, services, pricing or refund responses or of any information obtained relative to the products, services or pricing of Seller or any competitor of a Seller. We do not and cannot represent or guarantee that any user is who the user claims to be, or that any Seller or competitor is who he, she or it claims to be.
4.20 We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you through use of the Service. We will not be liable for any loss arising from any action or decision that you make in reliance on the Content or otherwise by using the Service.
4.21 We are not responsible for and accept no liability in respect of any material uploaded, posted or transmitted to the Service by any person other than us. Our editorial control is limited to the selection of materials to make available, although we reserve the right to review any content and remove as we see fit. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of that content or its fitness for any particular purposes.
4.22 Where the information made available on this Service may contain opinions or judgments of third parties, we do not purport to endorse the contents of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information. Information presented through the Services (the “Information“) shall not constitute advice or professional opinion but rather the personal opinion of the Services’ users, the Company, officers or their employees. The Company does not represent in any way that any Information is accurate, complete or error free.
4.23 When making payment for any service offered by us, you will pay by credit card. Credit card transactions will be secured using 128-bit Secure Sockets Layer (SSL) encryption technology or such other technology deemed by us to be appropriate. You are solely responsible for complying with our terms and conditions. Refunds will only be available in the event of an erroneous double charge or as otherwise required by law or under these Terms and Conditions.
4.24 Swiggle.co is a website and trade name of Swiggle Inc., a federally incorporated corporation in Canada. You can contact us in any one of the following ways: (1) send an email to firstname.lastname@example.org, (2) visit your online Account, (3) mail us a letter: Swiggle Inc., 511 Maple Grove Drive., Suite 61042, Oakville, Ontario, Canada L6J 7P5, (4) call us at: (888) 728-9888
5. Ownership of Service and Content
5.1 The Service and all of its information and contents, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software and the HTML used to generate the pages (collectively, “Materials and Content“), is the property of Swiggle and its licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Service and Swiggle and its products and services are either trademarks of Swiggle or trademarks which Swiggle is licensed to use. Without our prior written permission, you may not in any form or by any means: (a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Service; or (b) commercialize any information, products or services obtained from any part of this Service.
5.2 “Swiggle” is a trademark owned by us. No use of our trademark is permitted except with our prior written consent.
5.3 Unless we agree otherwise in writing, you are provided with access to this Service only for your personal use. You are authorized to print a copy of any information contained on this Service for your personal use, unless such printing is expressly prohibited. You may not use the Service if you live in a jurisdiction where access to or use of the Service may be illegal or prohibited by applicable law. You agree that any other use of the Material and Content is strictly prohibited and you agree that you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, commercially exploit or create derivative works of or distribute any Materials and Content from this Service in whole or in part, for any purpose without the specific prior written permission of Swiggle.
5.4 You must not use this Service: (a) in breach of any laws or regulations; (b) to impersonate any person, organization or entity; (c) to transmit unsolicited emails or spam; (d) to defame, abuse, harass, threaten or otherwise harm any person.
5.5 You also must not: (a) upload, post, transmit or otherwise make available on the Service any content that: (i) promotes, encourages or provides information about unlawful conduct or activities; (ii) infringes any third party’s intellectual property rights or breaches confidentiality; (iii) includes a photograph or other likeness, or personal information of another person without their consent;(iv) contains pornography, nudity, sexual acts or references; (v) contains profanities, swearing, or vulgarity; (vi) you reasonably suspect to be misleading, false or deceptive; (vii) contains viruses, worms or other types of malicious or harmful programs, nor take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (viii) advertises, promotes or solicits any goods or services; or (b) delete or alter any content that you have not posted; or (c) damage, modify, interfere with, disrupt or destroy the files, data, passwords, devices or resources that belong to us or do anything that compromises the security of the Service.
5.6 Parts of the Service may only be accessible to users who have been issued a login name and password (collectively “Credentials“) by Swiggle. For the purposes of accessing the Service, the Credentials remain the property of Swiggle and may be cancelled or suspended at any time by Swiggle in its discretion without any notice or liability to you or any other person. Swiggle is not under any obligation to verify the actual identity or authority of any person using Credentials to access and use the Service. Swiggle may act upon any communication that is given with the use of Credentials. If you have been issued Credentials: (i) you are fully responsible and liable for the security of the Credentials and any and all use and misuse of the Credentials; (ii) you will keep the Credentials secure and confidential at all times and not disclose the Credentials to any other person or permit any other person to use the Credentials; and (iii) you will immediately notify Swiggle by email to email@example.com if you know or suspect that any Credentials have been lost or stolen or become known to or used by any other person.
5.7 Waiver of Rights to Recommendations and Suggestions: In order to avoid any unpleasantness, you agree and acknowledge that in sending suggestions or comments regarding the Services (the “Suggestions“) YOU WAIVE ANY AND ALL RIGHTS TO THE SUGGESTIONS AND SHALL HAVE NO CLAIM REGARDING IMPLEMENTATION OF THE SUGGESTIONS OR LACK THEREOF, TRANSFER OF THE SUGGESTIONS TO A THIRD PARTY, OR REGARDING LACK OF ANY ATTRIBUTION, ACKNOWLEDGEMENT, CREDIT, REMUNERATION, OR COMPENSATION WITH RESPECT TO ANY IMPLEMENTATION OF THE SUGGESTIONS BY OWNERS OF ANY THIRD PARTY. The Company will exclusively own any rights to suggestions which, at their sole discretion, they have chosen to adopt.
5.8 Rights in Content Submitted: Other than Suggestions, User reserves all rights to material created by User and submitted by User through the Services (“User’ Content”). Regardless of the above, User hereby grants Owners a non-exclusive, non-revocable and non-limited license to display such User’ Content, including User’s name, via the internet and any other medium, for any purpose, whether in connection with the Services or otherwise. It is clarified that the User, as owner of rights to the User’ Content, is responsible for enforcing any intellectual property rights. User explicitly waives and disclaims any and all moral rights (including attribution of User’ Content to User and preservation of its integrity), and any claim for remuneration or compensation, with respect to the utilization, and commercialization of User’ Content by the Owners. For the avoidance of doubt, User permits Owners to edit User’ Content prior to or following its display so as to conform to the Services editing policies, and undertakes to comply with any such policies presented by the Owners.
6. Limitations of Liability
6.1 THE SITE AND THE MATERIALS AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THE SITE AND/OR THE MATERIALS AND CONTENT. SWIGGLE AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SWIGGLE DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE ON THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SWIGGLE MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6.2 EXCLUSION OF LIABILITY . NEITHER SWIGGLE NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY SWIGGLE OR ANY PERSON FOR WHOM SWIGGLE IS RESPONSIBLE EVEN IF SWIGGLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
6.3 EXCLUSIVE REMEDY . THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO SWIGGLE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE SHALL BE EQUAL TO THE FEE ACTUALLY PAID TO AND RECEIVED BY SWIGGLE OR, WHERE NO FEE HAS BEEN PAID TO SWIGGLE, $25.
7. Indemnity and Assignment
7.1 You agree to fully indemnify and hold us harmless against any expenses, costs, loss or damage (including consequential loss) that we may suffer or incur as a result of or in connection with your use of the Service and any breach of these Terms and Conditions.
7.2 You may not assign or transfer this Agreement or any of Your rights hereunder and any such attempt will be null and void. The Owners may assign their rights and obligations under this Agreement, in whole or in part, to any third party in its sole discretion, and with no prior notice.
8. Linked Sites
8.1 This Service may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
8.2 We are not responsible for the content or privacy practices associated with linked websites.
8.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. Swiggle makes no representations whatsoever about any other websites which you may access through the Service or which may link to the Service. Links to the Service without the express written permission of Swiggle are strictly prohibited. When you access any other website, you understand that it is independent from Swiggle and that Swiggle has no control over the content or availability of that website. In addition, a link to any other website does not mean that Swiggle accepts any responsibility for the content, or the use of, such website, and Swiggle shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping or data-mining of the Service or any of its materials or content in any form and by any means is strictly prohibited.
10. Security of Information and Cookies
10.1 No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us, including by upload via our Service, is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
11. Termination of Access
11.1 The operation of, and your access to this Service may be terminated (whether temporarily or permanently) at any time by us without notice. Those terms and conditions capable of surviving termination will survive any such termination.
12.1 Our failure to take action with respect to any breach by you or others does not waive our right to take action with respect to subsequent or similar breaches.
13.1 To the extent permissible at law, the Agreement formed hereby is governed by the laws of the Province of Ontario, Canada.
13.2 You attorn to the exclusive jurisdiction of the courts of Ontario in order to resolve any dispute under this Agreement.
13.3 The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.
13.5 If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
14. Terms Applicable For Apple iOS
If You are accessing or using the Service through an Apple Device, the following applicable Additional Terms and conditions are applicable to You and are incorporated into the Terms of service by this reference:
14.1 To the extent that You are accessing the Service through an Apple Device, You acknowledge that these Terms are entered into between You and Swiggle and, that Apple, Inc. (“Apple“) is not a party to these Terms other than as third-party beneficiary as contemplated below.
14.2 The license granted to You in these Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Service (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
14.3 You acknowledge that Swiggle, and not Apple, is responsible for providing the Service and Content thereof.
14.4 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to You with respect to the Service.
14.5 To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
14.6 Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, You acknowledge that, solely as between Apple and Swiggle, Swiggle, and not Apple is responsible for addressing any claims You may have relating to the Service, or Your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Service fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
14.7 Further, You agree that if the Service, or Your possession and use of the Service, infringes on a third party’s intellectual property rights, You will not hold Apple responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claims.
14.8 You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.
14.9 When using the Service, You agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.