This Website is owned and operated by SWAS Group Ltd In these Terms, “we” and “us” mean SWAS Group Ltd and “you” means you, the Consumer or site visitor. The service offered by SWAS Group Ltd is an in-home marketing service that allows Consumers to try products that are “tailored to you” for a minimal charge. Access to and use of the Website and the products and services available through the Website are subject to the following Terms which may be updated by us from time to time.
1. Your acceptance
a. These are the terms on which SWAS Group Ltd permits users to access and use the SWAS Group Ltd website http://swasinthebox.co.nz (Website) including using the services and functionality made available through the Website, viewing Content provided by SWAS Group Ltd and third parties, communicating with SWAS Group Ltd and reviewing product and service information.
b. You agree to be bound by these Terms by:
i. using, browsing or accessing any part of the Website; or
ii. registering as a Reviewer on the Website.
c. If you do not agree to these Terms, you are not permitted to access and use this Website and you should immediately cease using this Website.
d. SWAS Group Ltd may from time to time review and update these Terms to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
e. The Website is subject to change at any time without notice and may contain errors.
2. Customer registration and passwords
a. Users may browse or access the Website to review available products and services. To take advantage of our products and services you will need to register your details and log in with a unique user name and password (Password) at http://swasinthebox.co.nz
b. You must be aged 18 years and over to register on the Website.
c. You warrant that all information and data provided by you in the registration is accurate, complete and up to date. You will promptly inform us if there is any change to this information or data.
d. You agree that you will not disclose, or permit disclosure of, the Password to any person. You will be fully responsible for all acts and omissions of any person who accesses your account using the Password as if they were your own acts and omissions. We will not, in any event, be liable for any loss, damage, claims, costs or expenses arising out of the use or misuse of the Password, and you will indemnify us against all loss, damage claims, costs or demands in this regard.
e. You may elect to change the Password at any time using the facility provided on the Website. You must immediately notify us of any Password which is lost, inoperable or used in an unauthorised manner.
3. SWAS Group Ltd Services
a. We partner with a number of consumer-based companies who sell a broad variety of goods and services to consumers and who are keen to have your feedback and support for new and existing product and service offers. By signing up and registering as a Consumer you tell us a little about yourself and your interests and build a member profile. When a campaign comes up that matches your profile, you may be selected to receive it. If you are selected, you have the option to opt-out of the campaign by a certain date, otherwise, we will send you a box containing a selection of products for you to try for a minimal charge agreed upon signing up.
b. Our “SWAS in the Box” service charges a minimal fee to cover the cost of packaging and couriers. If you sign up as a reviewer we ask that you complete a survey about the products and/or service offers you have received. By completing this, keeps you in the running for future campaigns and helps us provide valuable feedback to our partners on their products and/or services.
c. There are no guarantees you will receive a “SWAS in the Box” at a particular time or at all. It really depends on your profile and whether you will be a good match for the product campaigns on offer.
4. Product information and availability
a. The listing of any particular product or service on our Website is for information and research purposes only. SWAS Group Ltd does not warrant or make any representations in relation to any products or services you may receive as part of a SWAS in the Box campaign.
b. We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product or service you receive after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product or service.
c. SWAS in the Box are delivered on our behalf by third party carriers. Whilst we take all reasonable steps to ensure a SWAS in the Box is correctly labelled, packed and delivered we take no responsibility for any SWAS in the Box which is not properly labelled, delivered correctly or which contain damaged or missing goods. We do not offer returns or exchange options for any SWAS in the Box deliveries.
d. Whilst every effort is made to ensure the information provided on the Website is current, we have no responsibility or liability for any errors contained in the information. Inclusion of any product or service information on this Website is not an endorsement of any organisation, product or service.
e. SWAS Group Ltd has the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. SWAS Group Ltd reserves the right, in its absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.
a. The Website may contain links to other websites. SWAS Group Ltd provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement of those websites, their operators, the goods, services or content that they describe.
c. You are not permitted to frame or link the Website without SWAS Group Ltd’s express written permission.
6. Access and communication
a. Subject to the consumer guarantees provided for in consumer protection legislation, SWAS Group Ltd does not warrant that you will have continuous access to the Website. SWAS Group Ltd will not be liable in the event that the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
b. SWAS Group Ltd does not guarantee the delivery of communications over the internet as such communications rely on third-party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and SWAS Group Ltd does not guarantee the security or confidentiality of these communications or the security of the Website.
c. SWAS Group Ltd does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
d. Details contained on the Website relating to goods and services have been prepared in accordance with New Zealand law and may not satisfy the laws of another country. SWAS Group Ltd does not warrant that:
i. the goods or services available on this Website; or
ii. the Website and its Content, comply with the laws of any other country. It is your responsibility to determine whether the goods or services comply with the laws of your jurisdiction.
e. If you access and use this Website or its Content from outside New Zealand or transact on this Website, you do so at your own risk.
8. Intellectual property rights
a. All intellectual property rights, including copyright and patents, in the Website, SWAS Group Ltd’s goods and services, and all components of them are owned or licensed by SWAS Group Ltd or any of its related entities. You must not copy, modify or transmit any part of the Website.
b. The Website contains trademarks, logos, service names and trade names of SWAS Group Ltd or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other content or copies of the content appearing on the Website.
9. Website licence and use
SWAS Group Ltd grants you a non-exclusive and non-transferable licence to use the Website for your own personal use subject to the restrictions specified in clause 11. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to SWAS Group Ltd will be treated as non-confidential and non-proprietary information.
10. Prohibited uses
a. Except as otherwise expressly permitted in using the Website you must not:
i. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or information for the benefit of other merchants, data mine or use robots or other data collection methods;
ii. impersonate or falsely claim to represent a person or organisation;
iii. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
iv. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
v. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.
b. Unauthorised use of the Website may give rise to a claim for damages and/or may result in legal proceedings being taken against you.
c. SWAS Group Ltd provides no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release SWAS Group Ltd from all applicable liability and responsibility.
11. Termination of your access to the Website
SWAS Group Ltd may at any time immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
12. Disclaimer of warranties and limitation of liability
a. To the full extent permitted by law, SWAS group Ltd excludes all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the goods and services listed or accessible on the Website.
b. Subject to the consumer guarantees provided for in consumer protection legislation, SWAS Group Ltd excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with these Terms, the Website, the Content, all links to or from the Website.
c. Subject to the consumer guarantees provided for in consumer protection legislation SWAS Group Ltd excludes all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the goods and services listed, accessible or made available on the Website.
You agree to fully indemnify SWAS Group Ltd, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
a. any breach of these Terms by you;
b. your access or use of the Website;
c. any products delivered in a SWAS in the Box or otherwise; or
d. your communications with SWAS Group Ltd or any other third party.
14. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
17. Entire Agreement
The above Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and SWAS Group Ltd. Any waiver of any provision of the Terms will be effective only if in writing and signed by a Director of SWAS Group Ltd.
18. Contacting us