Please read this document carefully. It governs Your commercial relationship with Us and sets out legally binding provisions which regulate Your use of Our website (including any desktop and mobile versions of it).
2. Availability of Website
2.1. We do not represent that the Website will be available on an uninterrupted or error-free basis. We may need to take down the Website from time to time.
2.2. You agree and acknowledge that the accessibility and use of the Website is highly dependent on the proper function of the Internet and any other computer and telecommunications networks and infrastructure upon which the Website operates, interfaces with or connects to, and that We are not responsible for any non-performance of the Website associated with any of those matters.
Summary: Our website might go offline from time to time.
3. Website usage restrictions
- copy, alter, modify, adapt, reproduce, republish, frame, translate, reverse assemble, reverse engineer, reverse compile, transfer, sell, licence, create derivative works from or enhance the Website and/or any content in the Website (except as expressly permitted by the Copyright Act 1968 (Cth));
- do any act that would or might invalidate or be inconsistent with Our Intellectual Property Rights or those of Our licensors;
- use the Website in any way that infringes Our rights or the rights of any third party;
- use the Website to create any product or service that competes with the Website; or
- take any steps to circumvent any technological protection measure or security measures in the Website.
3.2. You must not use the Website or any part of the Website in any way which is in breach of any statute, regulation, law or legal right of any person.
Summary: We own the website and all IP in the website. You cannot infringe our IP rights. You must comply with all applicable laws.
4. Acceptable Use Policy
4.1. You agree that:
Summary: You cannot use the website for any illegal purpose or to violate any person's legal rights.
5. Intellectual Property Rights
5.2. As between You and Us, We own all Intellectual Property Rights in the Website.
5.4. You agree that any Intellectual Property Rights in any comments that You may provide to Us in connection with the Website or requests for new Website features (each, an "Improvement Suggestion") becomes Our sole and exclusive property immediately upon You uploading or posting that Improvement Suggestion to the Website or otherwise providing the Improvement Suggestion to Us, and You hereby assign all Intellectual Property Rights in all and any such Improvement Suggestions to Us effective as soon as You provide each Improvement Suggestion to Us or upload or post an Improvement Suggestion to the Website. The assignment pursuant to this clause includes an assignment of future copyright pursuant to section 197 of the Copyright Act 1968 (Cth) and in equity.
5.5. You irrevocably consent to the infringement by Us and any third party We authorise, of all Moral Rights that You may have in any Improvement Suggestions.
5.6. You must not take any step to invalidate or prejudice Our (or Our licensors') Intellectual Property Rights in the Website or otherwise.
Summary: We own the website and all IP in the website. We also own all improvement suggestions that you make regarding the website.
6. Responsibility for other users
6.1. We do not accept responsibility for the conduct of any users of Our Website.
6.3. We are not a party to any transaction for the supply of goods or services advertised by any user of the Website. Before entering into any transaction with any other user of the Website, You should carefully consider the applicable terms and conditions applicable to the transaction, obtain all appropriate advice and take all appropriate precautions.
6.4. Any dispute You have with another user of Our Website is between You and the other user. You release Us from any claims that You may otherwise have against Us in relation to any conduct of any user of Our Website, any sales and marketing practices of any users of Our Website and in respect of any content uploaded by or on behalf of any user into the Website.
Summary: We cannot be held responsible for the conduct of Our users.
7. Responsibility for third party claims
7.1. You agree and acknowledge that You are solely responsible for and You indemnify Us in respect of any loss and damage We may incur in connection with any claims and/or complaints made by any third party where the claim is caused directly or indirectly by:
- Your use of the Website; and/or
- Your goods and/or services and/or your advertising and/or sales and/or marketing practices.
Summary: We are not responsible for any claims made by third parties.
8.1. We do not represent, recommend or endorse any websites to which We have linked from the Website via hyperlink or otherwise.
Summary: We are not responsible for third party sites.
9.1. Except in respect of any Non-Excludable Guarantees, We do not represent that the information on this Website is accurate, correct, up-to-date or error free.
9.2. The information on the Website is not professional advice. You agree that You will seek all appropriate financial, legal and other advice as applicable before relying on any information You obtain from the Website.
9.3. To the extent possible by law, We are not liable to You for any indirect, special or consequential loss or damage incurred by You, including liability for loss of profits, loss of business opportunity, loss of savings, or loss of data.
Summary: Our liability is limited in many ways.
10.2. We may take down the Website or any part of it or take the Website or any part of it offline at any time without notice where reasonably necessary to protect Our legitimate commercial interests.
Summary: You and We can terminate your access to the website under certain conditions.
11.1. Any notice issued to You from Us or from Us to You shall be in writing and sent by hand delivery, post or email. Where sent from Us to You, We shall use any of Your contact details that You provide to Us.
11.2. You may contact Us or send a notice to Us using Our contact details that are specified on Our website at https://swoopbroadband.com.au/contact, by sending an email to us at firstname.lastname@example.org or by writing to us at PO Box 296, Warragul VIC 3820, Australia.
11.3. Any notice issued by hand shall be deemed delivered upon delivery.
11.4. Any notice issued by post shall be deemed delivered 3 Business Days after posting if posted domestically, or 10 Business Days after posting if posted internationally.
11.5. Any notice issued via email shall be deemed to be delivered upon receipt by the sender of an electronic read receipt or delivery receipt, or upon receipt of confirmation from the recipient that the recipient received the email.
11.6. We may send You email or other electronic messages concerning the Website from time to time.
Summary: Notices between you and us are deemed to be delivered at different times, depending on how and when they are sent.
13. Dictionary and Interpretation provisions
Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means Monday – Friday excluding public holidays in Victoria.
Business Hours means 9:00am – 5:00pm on Business Days.
GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under article 2 of the convention establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
Moral Rights has the meaning given in the Copyright Act 1968 (Cth).
We, Our and Us means Bosley Holdings Pty Ltd trading as Swoop Broadband (ABN 71613948575) of 1A, 155 Queen Street, Warragul VIC 3820.
Website means the Swoop Broadband website owned and/or provided by Us, the homepage URL of which is www.swoopbroadband.com.au and also includes any content, images, text and other information appearing on any page or screen of that website and any source code and object code in that website, and also refers to any desktop and mobile versions of the website.
You means you, the person who accesses the Website for any reason.
- A reference to a statute or regulation includes amendments thereto.
- A reference to a subclause or paragraph is a reference to the subclause or paragraph in the clause in which the reference is made.
- A reference to time is to time in Victoria.
- A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
- The words "includes", "including" and similar expressions are not words of limitation.