Terms of Service

1. Modification of this Agreement

You agree that it is your responsibility to regularly check our website Terms of Service and privacy policy to keep yourself updated of any changes or modifications.

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement. All modifications will be effective when they are posted, and your continued use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.

2. Eligibility

To access or use the Service, you must be at least of legal age in your respective jurisdiction. The Service is strictly for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You must not use the Service if we have terminated any account of yours or banned you from use of the Platform or the Service.

3. Intellectual Property

(A) Ownership

All Content and Site Services, including but not limited to, write-ups, compilations, listings, analysis, summaries, extracts, derivations, articles, translations, quotations, loyalty reward schemes, contracts, terms and conditions, APIs, widgets, plugins, extensions, software, algorithms, source codes, object codes, forecasts, budgets, analysis, reports, logs, diagrams, graphs, charts, layout, photographs, drawings, financial information and other data, as displayed on our Site and Site Services, in our Content and in our Updates, are protected by copyright, design rights, trade mark rights and/or other intellectual property rights (whether owned by our Company or licensed to our Company, or permitted under the law for use by our Company), whether registered, registrable or otherwise.

You agree therefore that without our Company's prior written consent (or as may be specifically stated on our Site in relation to any particular portion of our Content except for the limited use as permitted thereunder Section 4(B) below, you are not otherwise permitted to howsoever reproduce, copy, download, decompile, disassemble, extract, store, distribute, lease, time-share, publish, sell, translate, modify or create derivative works from, any part of our Content, products or services found on our Site, our Site Services, or in our Updates. We reserve our rights to take legal action against you for any such unauthorised use of our Content.

For clarification, and without prejudice to Clause 4.1 above, all Content and Site Services are strictly protected by copyright laws. You are therefore not permitted to howsoever copy, reproduce, duplicate, download, derive, modify, translate, hack, distribute, lease, rent or howsoever deal with any part of our Content or Site Services except to view or use strictly pursuant to the purpose for which it was made available (on your computer, mobile phone, tablet and other personal devices or Entity's devices that are under and securely in your control) as may be permitted herein and/or by the other provisions of the Agreement.

All company names (including but not limited to our Company's name and the company names of any third parties), logos, trade marks, service marks, brands, whether registered or otherwise (collectively the "Branding") represented on our Site, our Site Services and in our Updates belong to our Company or to third parties who have agreed (or our Company is so permitted under applicable law) to display their Branding on our Site and Site Services, in our Content and our Updates. You are therefore not permitted to copy, replicate, modify, extract, download or howsoever use any such Branding for any purpose whatsoever without the prior written consent of our Company.

(B) Limited Use

Subject to the provisions of this Website Terms of Use and your compliance thereto, our Company hereby grants you a limited, personal, non-exclusive, non-sub-licensable and non-transferable license to use our Site Content, in each case solely for your Personal Use (as defined in Clause 4.5 below) only and not for any commercial purpose.

"Personal Use" shall refer to your non-commercial review and republication (on a non-commercial site) of some or part of our Site Content (as screenshots or screen captures without any modification thereto and with due attribution to Swell Marketing), and the linking of our Website, subject to Clause 4.6 below.

4. Disclaimers and Limitation of Liability

While we have exercised due care in the preparation of all Content displayed and/or made available on our Site, our Site Services, and in our Updates, such content, data, information, Content and materials are provided "AS IS", "WITH ALL FAULTS" and "AS AVAILABLE".

6. Governing Law

We will use our best efforts to resolve any potential disputes through informal, good faith negotiations. If a potential dispute arises, you must contact us by sending an email to [email protected] so that we can attempt to resolve it without resorting to formal dispute resolution. If we aren't able to reach an informal resolution within sixty days of your email, then you and we both agree to resolve the potential dispute according to the process set forth below.

You agree that the laws of Queensland, Australia, without regard to principles of conflict of laws, govern this Agreement and any Dispute between you and us. You further agree that the Interface shall be deemed to be based solely in Brisbane, Australia, and that although the Interface may be available in other jurisdictions, its availability does not give rise to general or specific personal jurisdiction in any forum outside Brisbane, Australia.