TERMS AND CONDITIONS

TERMS & CONDITIONS

→ Introduction

SwingHub Limited, a United Kingdom registered company of 86-90 Paul Street, London, England, EC2A 4NE ("SWINGHUB") operate the website <SwingHub.com> (the “Website”) and the associated SWINGHUB mobile application which provide an interactive way for like-minded users to meet each other, chat with each other and/or explore casual or short-term relationships (SWINGHUB’s Website and mobile application, collectively, SWINGHUB’s "Service").

→ Acceptance of Agreement

1.1 By creating an account on the Service, (whether free or paid, through the SwingHub  app or through our website) you, as a user, are a registered member of the Service and agree to be bound by these Terms.

1.2 This Agreement is a legal contract made between you and SwingHub. Your use of the Service (whether or not you are a paid member) will be governed by these Terms and the Privacy Policy, and in the case of the use of the Service through the SwingHub mobile application, the End User Licence Agreement for Mobile Devices.

1.3 IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT COMPLETE THE REGISTRATION PROCESS, USE OR OTHERWISE ACCESS THE SERVICE.

SWINGHUB RESERVES THE RIGHT TO MAKE CHANGES ON REASONABLE GROUNDS TO THESE TERMS AT ANY TIME, AND ANY SUCH CHANGES WILL BE POSTED ON SWINGHUB’S WEBSITE. YOU WILL BE GIVEN REASONABLE TIME TO ACCESS, READ AND CONSIDER ANY CHANGES. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. YOU ARE RESPONSIBLE FOR REVIEWING SWINGHUB’S WEBSITE WWW.SWINGHUB.COM  REGULARLY TO OBTAIN TIMELY NOTICE OF ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS, AS AMENDED AND UPDATED FROM TIME TO TIME, DO NOT CONTINUE TO USE OR ACCESS THE SERVICE. YOU CAN TERMINATE THIS AGREEMENT IMMEDIATELY ON NOTICE TO SWINGHUB WITHOUT PENALTY IF YOU DO NOT AGREE WITH THE UPDATED TERMS.

→ Eligibility

2.1 In order to create an account and use the Service, you must meet the following requirements:

• You are at least 18 years old,
• You are able to form a legally binding contract,
• You have never been convicted of a violent or sexually related criminal or civil offence in any country and/or are not required to register as a sex offender with any government entity, and
• You have never been banned from using the Service.

2.2 By registering as a member, you warrant to SWINGHUB that you comply with all of these requirements. If you breach this warranty, without limitation to SWINGHUB’s other rights and remedies, SWINGHUB is entitled to terminate this Agreement under Section 9 below.

2.3 SWINGHUB does not currently conduct criminal background screenings on users of the Service. However, SWINGHUB reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with this Section. By agreeing to these Terms, you hereby authorise SWINGHUB to conduct a background check on you.

2.4 SWINGHUB endeavours to employ staff and use A.I scanning API’s to monitor profiles and photos, but is under no obligation to do so. Without limiting any other remedies available to SWINGHUB (including SWINGHUB’s rights to terminate in Section 9 below), SWINGHUB RESERVES THE RIGHT AT ANY TIME TO SUSPEND OR REMOVE YOUR PROFILE AND ANY CONTENT YOU SUBMIT FROM SWINGHUB’S SERVICE AT SWINGHUB’S SOLE DISCRETION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF SWINGHUB DOES REMOVE YOUR PROFILE AND/OR ANY CONTENT YOU SUBMIT SWINGHUB WILL NOT BE LIABLE TO YOU IN ANY WAY.

→ Safety

As SWINGHUB’s Service is Internet-based, there are risks of members misrepresenting themselves or presenting themselves under false pretences. This includes misrepresentations about age, gender, marital status or any other attribute which SWINGHUB may ask the member to provide. These risks are not unusual for the type of Service SWINGHUB provides. Members of dating websites and apps have been the victims of fraudulent scams, and you are responsible for protecting yourself against persons who attempt to defraud you or mislead you using the Service.

3.1 To prevent yourself from becoming a victim of a fraudulent scam, you are responsible for taking all measures to protect yourself against persons who attempt to defraud you or mislead you using the Service. SWINGHUB is unable to verify that every member profile Service is accurate. You must therefore exercise caution when dealing with all other members.

3.2 YOU MAKE CONTACT WITH OTHER MEMBERS ENTIRELY AT YOUR OWN RISK. YOU ARE LEGALLY RESPONSIBLE FOR YOUR OWN ACTIONS. YOU AGREE THAT SWINGHUB HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS MADE BY YOU OR OTHER MEMBERS INCLUDING, WITHOUT LIMITATION, MEMBERS THAT HAVE REGISTERED UNDER FALSE PRETENSES, THIRD-PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S) OR ANY OTHER LOSS OR INJURY SUFFERED RESULTING FROM USING THE SERVICE. THOUGH SWINGHUB MAKES EVERY EFFORT TO ENSURE OUR SERVICE IS SAFE AND FREE FROM FRAUDULENT ACTIVITY, SWINGHUB IS NOT RESPONSIBLE FOR ENSURING MEMBERS COMPLY WITH OUR TERMS.

3.3 It is possible that members from other countries will access the Service. It may not be practicable for SWINGHUB to enforce these Terms against such members. If SWINGHUB receives a complaint from a member that another member is in breach any section of these Terms, SWINGHUB will investigate such complaint and consider whether to exercise SWINGHUB’s rights under these Terms, including SWINGHUB’s rights to terminate that member's access to the Service.

3.4 SWINGHUB may be requested to assist in any prosecutions or other proceedings brought by members or third parties against other members and will do so if required by law and may do so if SWINGHUB believes a member has breached any applicable Terms. You agree to SWINGHUB providing such assistance, including the release of any relevant information SWINGHUB may hold about you.

3.5 SWINGHUB reserves the right to decline to register without entering into further discussions with you, or to suspend your membership if SWINGHUB believes on reasonable grounds that you are in breach of these Terms.

→ Code of conduct

The Service is intended for use in a number of jurisdictions, including in the United States, the European Union, The United Kingdom, Australia, Canada. You agree to comply with all applicable laws when using the Service and dealing with other members. This includes compliance with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, you represent that you have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal for your jurisdiction.

4.1 By using the Service, you agree to comply with the following;

• Your account is for your personal use only. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
• You must not enter any contact or identifying information in your profile. This includes, but is not limited to, your email address, phone number or physical address.
• You must not disclose any details of any other members or disclose personal information of others through the SWINGHUB messaging system or otherwise.
• You must provide accurate information regarding your identity when you register to become a member and use the Service and you must not use the Service under false pretences.
• You must not communicate with, or attempt to communicate with, any person who has indicated that he or she does not wish to communicate with you or to continue to communicate with you.
• You must not interfere with or damage the Service, including, without limitation, through the use of viruses, registration bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents.

4.2 If you breach these provisions, SWINGHUB may terminate your membership and your access to the Service for breach in accordance with section 9 of these Terms. Upon request by SWINGHUB, you agree to provide any further information to verify your identity and the accuracy of the personal information that you have provided. If you do not provide sufficient information for SWINGHUB’s verification purposes, SWINGHUB may terminate or suspend your membership or access to the Service in accordance with section 9.

→ Code of conduct

Service, you represent and warrant to us that the content, including your photograph, is posted by you and that you are the exclusive owner of the content, including your photograph, or are otherwise licensed to use and sub-license the content and use of your content by us will not infringe or violate the rights of any third party. By submitting any content (including without limitation your photograph) to the Service, you automatically grant, and you represent and warrant that you have the right to grant, to SWINGHUB, and SWINGHUB’s licensees, affiliates and successors, a perpetual, worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, and modify such content or incorporate into other works such content, and to grant and to authorise sub-licenses of the foregoing.

5.2 SWINGHUB IS NOT RESPONSIBLE FOR ANY PROFILE OR OTHER CONTENT POSTED OR ENTERED ON SWINGHUB’S WEBSITE, MOBILE APP, OR OTHERWISE THROUGH SWINGHUB’S SERVICES. You are solely responsible for any content that you submit, post or transmit via the Service, and you shall be solely liable for any content posted or published via the Service that is deemed to infringe or violate any third party’s intellectual property rights. You agree not to include any illegal or unlawful information in your profile. You also agree not to post or submit any content that:

• Is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Harasses or advocates harassment of another person;
• Exploits people in a sexual or violent manner;
• Contains excessive violence, or offensive subject matter;
• Solicits personal information from anyone under 18;
• Publicly posts information that poses or creates a privacy or security risk to any person;
• Constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
• Constitutes or promotes an illegal or unauthorised copy of another person's copyrighted work;
• Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming" or unsolicited electronic commercial messages;
• Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• Furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• Solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
• Involves commercial activities and/or sales without prior written consent from SWINGHUB such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• Includes a photograph or video of another person that you have posted without that person's consent; or
• Violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any entity.

5.3 The foregoing is a partial list of the kind of content that is illegal or prohibited on SWINGHUB’s Service. SWINGHUB reserves the right to investigate and take appropriate legal action in SWINGHUB’s sole discretion against anyone who violates this Section or any other provision of these Terms, including without limitation, removing the offending communication from the Service, terminating the violator's membership and access to the Service (in accordance with section 9) and contacting and disclosing information to the relevant authorities.

5.4 SWINGHUB has no obligation to post any content that you or anyone else submits. While SWINGHUB does not and cannot review every message or other material posted or sent by users of the Service, and is not responsible for any content of these messages or materials, SWINGHUB reserves the right, but is not obligated, to monitor, delete, move, or edit messages or materials, including without limitation advertisements, profiles, public postings and messages, that SWINGHUB, in its sole discretion, deem to violate these Terms or any applicable content guidelines, or to be otherwise unacceptable.

5.5 YOU SHALL BE SOLELY RESPONSIBLE FOR THE CONTENT OF PROFILES, PUBLIC POSTINGS, MESSAGES AND OTHER MATERIALS YOU MAY UPLOAD TO THE SERVICE. SWINGHUB CANNOT GUARANTEE, AND ASSUMES NO RESPONSIBILITY FOR, VERIFYING THE ACCURACY OF THE INFORMATION PROVIDED BY OTHER USERS OF THE SERVICE.

5.6 Without limiting any right that SWINGHUB may have, SWINGHUB may, at its sole discretion, edit, modify, or delete content from your profile, delete any other content or material you have posted to SWINGHUB’s Website, Mobile App, or in the Service, suspend or cancel your membership if we believe that content entered creates, or may create, liability for SWINGHUB or if SWINGHUB believes the information to be misleading or inappropriate or if SWINGHUB believes you have breached these Terms. To the maximum extent permitted by law, SWINGHUB shall not be liable to you if SWINGHUB exercises any of these rights, including cancellation of any type of membership, or a permanent ban from using the Service.

→ Basic Member & Premium Member

6.1 By downloading and using the Service and creating a free account, you become a Basic Member after the registration process is complete. As a Basic Member, you are entitled to access a minimal level of the Service’s features without any charge for these features. These Basic features are subject to change, and SWINGHUB reserves the right to make changes and updates to the Basic features as and when required.

6.2 If you would like access to the Premium feature available on the Service, you can purchase a monthly subscription which will give you access to premium features that are available in your country of residence. SWINGHUB reserves the right to make changes and updates to the Premium features as and when required.

6.3 If you want unlimited access to all the Premium Membership Subscription features available on the Service, you can purchase a Premium Membership. A Premium Membership provides your profile with additional features of the Service that are not available to users without the Premium Membership. As a Basic Member, you have the option to purchase a Premium Membership at any time, and also have the option to cancel your Premium Membership and return to a Basic Member at any point. These Premium Membership Subscription features are subject to change, and SWINGHUB reserves the right to make changes and updates to the Premium Membership features as and when required.

6.4 PREMIUM MEMBERSHIP SUBSCRIPTIONS AUTOMATICALLY RENEW, AND YOU ENTER INTO THIS AGREEMENT ACKNOWLEDGING THAT IF YOU PURCHASE A PREMIUM MEMBERSHIP SUBSCRIPTION THAT PREMIUM MEMBERSHIP SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EVERY PREMIUM MEMBERSHIP SUBSCRIPTION PERIOD, AT THE PRICE YOU PURCHASED THE PREMIUM MEMBERSHIP SUBSCRIPTION FOR UNLESS YOU CANCEL IT THROUGH YOUR APPLE APP STORE, GOOGLE PLAY, OR EQUIVALENT APP MARKETPLACE ACCOUNT, OR IF YOU HAVE PAID FOR YOUR PREMIUM MEMBERSHIP SUBSCRIPTION THROUGH CREDIT CARD, REMOVING YOUR CREDIT CARD FROM YOUR ACCOUNT WILL STOP AUTO-RENEWAL CHARGES.

6.5 Upon subscription to a Premium Membership, payment will be charged to your Apple App Store, Google Play, or equivalent app marketplace account, or your registered credit card immediately, and will continue to be charged for renewal unless cancelled. Auto renewal can be turned off at any time through adjusting your settings in the Apple App Store, Google Play store, or equivalent app marketplace, or by removing your credit card after purchase.

→ Cancellations & Refunds

You may cancel your account at any time, subject to these Terms. However, if you do not wish to continue being charged, you must cancel your account at least 24 hours prior to the end of the current period. There is no additional cancellation fee. TERMINATION OF YOUR ACCOUNT OR UNINSTALLING THE SERVICE WILL NOT CANCEL A SUBSCRIPTION. YOU HAVE TO MANUALLY CANCEL YOUR SUBSCRIPTIONS THROUGH YOUR APPLE APP STORE, GOOGLE PLAY STORE, OR EQUIVALENT APP MARKETPLACE ACCOUNT OR BY REMOVING YOUR REGISTERED CREDIT CARD as SWINGHUB cannot access personal accounts to change subscription preferences. SWINGHUB will retain all funds charged to your Apple App Store, Google Play store, or equivalent app marketplace account or registered credit card until you cancel your subscription.

7.2 Refunds

7.2.1 ALL CHARGES FOR PURCHASES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Exceptions may be made if the laws applicable in your jurisdiction require refunds in certain limited circumstances.

7.2.2 If you are a resident of California, you may be entitled to a refund provided you cancel your subscription within 3 business days after your free trial ends and your premium subscription begins. If you have cancelled your premium subscription within 3 business days and you are a resident of California, please send us an email at [email protected] with your username and details in order to sort your refund.

7.2.3 If you are a resident of the United Kingdom or the European Union, you may be entitled to a refund provided you cancel your subscription within 7 days after your free trial ends and your premium subscription begins (i.e. within 14 days from the date on which your free trial starts). If you are a resident of the United Kingdom or European Union, please send us an email at [email protected] with your username and details in order to sort your refund.

→Account Information & Data Deletion

8.1Username and password

YOU ARE RESPONSIBLE FOR KEEPING YOUR PASSWORD SECRET AND SECURE. WE ARE NOT RESPONSIBLE FOR THIRD PARTY ACCESS TO YOUR ACCOUNT THAT RESULTS FROM THEFT OR MISAPPROPRIATION OF YOUR USERNAME(S) OR PASSWORD(S). Without limiting the foregoing, you agree that:

• You will not permit any other person to use your user name and password.
• You will not disclose, or provide to any other person, your password.
• You will immediately notify SWINGHUB of any unauthorized use of your username and password or any other breach of security.
• You will ensure that you log off from your account at the end of each session.
• You acknowledge and agree that you are responsible for all use of the Service under your user name and password.

8.2 Account Deletion

You have the right to terminate your account if you do not wish to use the Service any longer. You may delete your account any time you wish by choosing the option to ‘Delete Account’ in your profile settings. This will remove your profile and delete all your information from the Service. IF YOU CHOOSE TO DELETE YOUR ACCOUNT, YOUR PROFILE AND ALL YOUR MATCHES AND MESSAGES WILL BE DELETED. IF YOU DO NOT WISH FOR YOUR PROFILE, MATCHES AND MESSAGES TO BE DELETED, DO NOT DELETE YOUR ACCOUNT. IF YOU DELETE YOUR ACCOUNT YOU WILL BE UNABLE TO GET YOUR INFORMATION BACK SHOULD YOU WISH TO RETURN TO USING OUR SERVICE.

8.3 Pausing Account

You may also temporarily ‘Pause’ your account if you would like to take a break from the Service but wish to keep your profile, matches and messages. This will allow you to be ‘hidden’ from SWINGHUB’s Service and prevent new users from viewing your profile, matching with you and/or sending you messages. However, users you have previously matched with or messaged will still be able to view your profile and/or send you messages, and you will be able to send messages to users you are matched with. IF YOU CHOOSE TO PAUSE YOUR ACCOUNT, YOUR ACCOUNT WILL BE HIDDEN FROM THE ‘MATCH SCREEN’ AND YOUR PROFILE WILL NOT BE VISIBLE TO NEW USERS. THIS WILL PREVENT YOU FROM MAKING ANY NEW MATCHES UNTIL YOU DECIDE TO TAKE YOUR ACCOUNT OFF ‘PAUSE’. If you decide to remove your account from pause and resume using the Service, your profile will be ‘active’ once more on the match screen and you will be visible to new users. CHOOSING TO ‘PAUSE’ YOUR ACCOUNT WILL NOT DELETE YOUR ACCOUNT FROM THE SERVICE. IF YOU WISH TO PERMANENTLY REMOVE YOUR ACCOUNT FROM THE SERVICE, CHOOSE THE OPTION TO ‘DELETE ACCOUNT’, AND NOT ‘PAUSE ACCOUNT’.

→Termination

9.1 SWINGHUB reserves the right, and may exercise its right to terminate your membership, this Agreement and your access to SWINGHUB’s Service if:

• you breach these Terms;
• SWINGHUB considers (in its sole discretion) that you have violated or are likely to violate any applicable laws;
• a serious complaint or multiple complaints are received about you from any person;
• you impersonate another member or person; or
• SWINGHUB, in our sole discretion, deem your behaviour whilst using the Service or in connection with your use of the Service, to be unacceptable.

9.2 YOU AGREE THAT ANY TERMINATION OF YOUR MEMBERSHIP OF AND ACCESS TO THE SERVICE UNDER THESE TERMS PURSUANT TO SECTION 9.1, MAY BE EFFECTED WITHOUT PRIOR NOTICE, AND ACKNOWLEDGE AND AGREE THAT SWINGHUB MAY IMMEDIATELY DEACTIVATE OR DELETE ANY OF YOUR ACCOUNTS AND ALL RELATED INFORMATION AND FILES IN SUCH ACCOUNTS AND/OR BAR ANY FURTHER ACCESS TO SUCH FILES OR THE SERVICE. Members who have registered under multiple aliases will have all of their aliases disabled. FURTHER, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWINGHUB WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COSTS OR DAMAGES OF ANY KIND FOR OR RESULTING FROM ANY SUCH TERMINATION OF YOUR MEMBERSHIP OR ACCESS TO THE SERVICE.

9.3 You may terminate your access to the Service at any time via SWINGHUB’s Website or by sending SWINGHUB written or email notice of termination to [email protected]. IN THE EVENT THAT YOU TERMINATE THIS AGREEMENT, YOU WILL NOT BE ENTITLED TO ANY REFUND OF ANY PAID SUBSCRIPTION FEES, unless as specified otherwise in these Terms.

→Links, Advertisements & Non-Commercial Use

10.1 SWINGHUB Service may occasionally contain links and advertisements to third-party websites, companies and products. These links and advertisements are provided solely as a convenience to you and not as an endorsement of the contents, value, quality, safety, products, or accuracy on such third-party websites.

10.2 SWINGHUB is not responsible for the content, value, quality, safety, products or accuracy of linked third-party websites, companies and products; and do not make any representations regarding the content, value, quality, safety, products, or accuracy of materials on such third party websites. If you decide to access, use, or purchase from linked third-party websites, companies or products, you do so at your own risk.

10.3 SWINGHUB’s Service is for personal use only and must not be used in connection with any commercial purposes. Organizations, companies, and/or businesses must not use the Service for any purpose.

10.4 You must not use the SWINGHUB messaging system for the discussion of competing services or any illegal or unlawful activity including, but not limited to prostitution and/solicitation, collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to SWINGHUB’s Service. USE OF SWINGHUB’S SERVICE IS WITH SWINGHUB’S PERMISSION, WHICH MAY BE REVOKED AT ANY TIME, FOR ANY REASON, IN SWINGHUB’S SOLE DISCRETION.

→Disclaimer

11.1 You expressly understand and agree that:

YOUR USE OF SWINGHUB’S SERVICE IS AT YOUR SOLE RISK. SWINGHUB EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11.2. SWINGHUB makes no representation, warranty or guarantee, to the maximum extent permitted by law, that

• the Service provided will be uninterrupted, timely, secure, or error free;
• the information provided on the Website or in the Service is error-free or reliable;
• the quality of any products or services obtained through the Service will meet your requirements; or
• members are who they say they are.

11.3 YOU DO NOT ENTER INTO THIS AGREEMENT IN RELIANCE ON ANY REPRESENTATION, WARRANTY, GUARANTEE OR OTHER TERM, EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS.

11.4 No advice or information that is obtained by you from SWINGHUB or otherwise shall create any representation, warranty or guarantee not expressly stated in these Terms.

11.5. Responsibility for the content of advertisements appearing on the Service (including hyperlinks to advertisers' own websites) rests solely with these third-party advertisers. The placement of such advertisements on the Service does not constitute SWINGHUB’s recommendation or endorsement of any advertised product or service. Each advertiser is solely responsible for any and all representations made in connection with its advertisement.

11.6 You understand that SWINGHUB may not be able to provide matches for everyone seeking to use the Service. Further, SWINGHUB makes no guarantees as to the number or frequency of matches, or to such matches ability, desire or criteria to communicate with any user. You understand that SWINGHUB makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the service or as to the conduct of such individuals.

→Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW:

12.1. Neither party shall be liable to the other under any circumstances for any indirect, incidental, special, consequential or exemplary loss or damages, including but not limited to damages for loss of profit, goodwill, use, data, or other intangible losses that result from the Service, or the inability to access the Service.

12.2 SWINGHUB shall not be liable for the cost of procurement of substitute goods or services resulting from services provided by SWINGHUB.

12.3 SWINGHUB shall not be liable for the conduct or statements of members or third parties in relation to the Service.

12.4 None of the disclaimers, limitations or exclusions set out in these Terms will limit or exclude any form of liability to the extent such liability cannot be limited or excluded under applicable law.

→Limitation of Liability

YOU AGREE TO INDEMNIFY SWINGHUB FULLY FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSS, COSTS AND EXPENSES (INCLUDING THE FULL AMOUNT OF LEGAL COSTS) INCURRED OR SUFFERED BY SWINGHUB IN RESPECT OF OR IN CONNECTION WITH:

• information contained in your profile;
• any material, including (without limitation) photos and messages, you post to or enter on the Website or using the Service;
• your communications with or behaviour towards other members;
• any death, personal injury or damage to property you may cause; or
• your breach of these Terms or any applicable laws.

→Binding Arbitration and Class Action Waiver

Except for members residing within the UK, EU or European Economic Area and elsewhere where prohibited by

applicable law:

14.1 You acknowledge that any disputes pursued against SWINGHUB will be on an individual basis. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including the breach, termination or validity thereof, shall be finally resolved by binding arbitration.

14.2 Neither you nor SWINGHUB, will bring nor participate in any class action or other class proceeding in connection with any dispute with the other party. Further, neither you nor SWINGHUB agrees to class arbitration or any arbitration where a person brings a dispute as a representative of the other person.

BY USING THE SERVICE YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST SWINGHUB AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.

14.3 TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (a) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (b) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

→General Provisions

15.1 System integrity

SWINGHUB will use its reasonable endeavours to ensure the availability of the Service, subject to any downtime required for maintenance. However, to the maximum extent permitted by law, SWINGHUB takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the Service being unavailable. Further, to the maximum extent permitted by law, SWINGHUB assumes no responsibility for the corruption of any data or information held by SWINGHUB.

15.2 Resolution of disputes

As SWINGHUB is not a party to any dispute between you and another member, you agree:

• not to involve, or attempt to involve, SWINGHUB in any dispute or in the resolution of disputes that arise between you and another member as a result of the Service provided; and
• not to use the Service to engage in or attempt to resolve the dispute.

15.3 Force Majeure

SWINGHUB shall have no liability for any lack of performance, damages, unavailability or failure of our Service, or for any failure on SWINGHUB’s part to comply with these Terms where the same arises from any cause reasonably beyond the control of SWINGHUB.

15.4 No Waiver

If SWINGHUB does not exercise or enforce any right available to SWINGHUB under these Terms, it does not constitute a waiver of those rights.

15.5 Partial Invalidity

If any provision of these Terms become or are held to be invalid, unenforceable or illegal for any reason and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

15.6 Governing Law

These Terms and your membership are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply.

15.7 Intellectual Property Rights

SWINGHUB owns all intellectual property rights and other proprietary rights in the SWINGHUB Websites (including text, graphics, logos, icons and sound recordings, but excluding member content) and the software and other material underlying and forming part of the Service and SWINGHUB’s Websites. You may not without SWINGHUB’s prior written permission, in any form or by any means:

• adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of SWINGHUB’s Website or Service; or
• commercialise, copy or on-sell any information or items obtained from any part of SWINGHUB’s Website or Service.

15.8 Entire agreement

These Terms, the End User Licence Agreement, SWINGHUB’s Privacy Policy, Cookie Policy and the code of ethics supersede all previous conditions, understandings, commitments, agreements and representations whatsoever, whether oral or written; and constitutes the entire agreement between the parties relating to the subject matter of these Terms.

15.9 Privacy

Please refer to our Privacy Policy available at the following link: www.SwingHubapp.com/#/privacy

15.10 Emails and newsletters

SWINGHUB will send you emails relating to your membership, changes to these Terms or the End User Licence Agreement for the SWINGHUB mobile application, transactions and other activities on our Website, and for promoting and marketing other SWINGHUB products and services to you. SWINGHUB may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.

15.11 Acknowledgement

You represent and warrant that you:

• are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and
• are not listed on any US Government list of prohibited or restricted persons.

If you have any questions or concerns about these Terms, the Services, or the Website, you may contact a representative of our company by emailing SWINGHUB at [email protected]