TERMS & CONDITIONS


These Terms of Use (“Terms”) govern your use of our website located at http://www.swathe.me/ (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Swathe.me Limited.

For that reason, these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us via . A Glossary is at the end of these Terms.

By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.

Background

Swathe.me’s Platform is an online place connecting people in need with their supporters, people looking for services and people offering services. Swathe.me’s Platform helps you to make connections, organise support, manage and pay for services, communicate and share information. The Platform is accessed at www.swathe.me.

Acceptance

By accessing and using the Platform, you agree you have read, accept, and will use the Platform in accordance with, these Terms. These Terms are a legal agreement between you and Swathe.me and other Users. If you do not agree to these Terms, you may not use the Platform.

Licence to Use

As long as you comply with these Terms, Swathe.me grants you a limited non-exclusive, worldwide, non-transferable license to access and use the Platform strictly for your own personal use. You acknowledge and agree that we retain complete editorial control over the Platform and may alter, amend or cease the operation of the Platform at any time in our sole discretion.

Swathe.me is a Marketplace

Swathe.me’s Platform is an online marketplace. Swathe.me makes the Platform available for Users to find suitable suppliers. All service contracts and arrangements are between Users and suppliers. Swathe.me is not a party to those contracts. Swathe.me has no control over the conduct of Users of the Platform in the provision of products and services and disclaims all liability in this regard to the maximum extent permitted by law.

Your Risk

Swathe.me’s Platform is intended to help Users connect and engage with each other. All use is at your own risk. Swathe.me cannot and does not control the actions of any person in relation to the Platform including the provision of any Content. Swathe.me gives no undertakings, representations, or warranties in relation to any person’s conduct or use of the Platform except as expressly contained in these Terms. You agree not to involve, or attempt to involve, Swathe.me in any dispute between you and a User or another person as a result of any service, action or omission of a User or another person.

Joining Swathe.me

You must register and create a Swathe.me Account to join and access certain features of the Platform. You may only have one active Swathe.me Account. You agree to provide accurate information during the registration process and to update that information to keep it current. Swathe.me may in its discretion refuse to accept any registration.

Account and Passwords

You agree to keep your password safe; not to disclose your password to any third party; to take sole responsibility for any activities or actions under your Swathe.me Account (including provision of Content, whether or not authorised by you); and to notify Swathe.me immediately of any unauthorised use of your Swathe.me Account.

Account Changes

Swathe.me may change, restrict, suspend or terminate your Swathe.me Account and your access to the Platform at its discretion including if any information provided is or becomes inaccurate, fraudulent, deceptive or misleading, or if you do not comply with these Terms. Swathe.me is not liable to you for any loss or damage incurred by you or anyone else if it changes, restricts, suspends or terminates your Swathe.me Account. Swathe.me may in its sole discretion, issue warnings to you, warn other Users about your actions or alleged actions or take other steps it considers appropriate.

Cancelling your Swathe.me Account

You may cancel your Swathe.me Account at any time. After your Swathe.me Account is cancelled, Swathe.me does not have any obligation to delete or return to you any Content you have provided on the Platform.

Termination

These terms terminate automatically if, for any reason, we cease to operate the Site. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these terms in any way.

Swathe.me Access

Swathe.me may monitor User access to or use of the Platform and may access, use and disclose any use information or Content for the purposes of: operating and improving the Platform; and monitoring and enforcing compliance with these Terms and applicable laws. Swathe.me may, at any time, without prior notice, in its discretion take such action as it considers reasonable for the above purposes.

Feedback

Swathe.me would like your feedback on the Platform. Feedback should be by email or use of other contact details or messaging features on the Platform. All information and ideas in any feedback may be freely used by Swathe.me for any purpose and the content and copyright in any feedback will, on receipt by Swathe.me, be the sole property of Swathe.me and you assign to Swathe.me all intellectual property rights in all feedback you provide to Swathe.me.

Privacy

Swathe.me’s Privacy Policy (as may be updated from time to time) governs Swathe.me’s collection and use of your personal information. You and Swathe.me will observe the Swathe.me Privacy Policy in relation to personal information.

User Content

You are responsible for all Content you provide for the Platform (your Content) and will ensure your Content complies with these Terms. Swathe.me does not assume responsibility for and does not endorse any Content. You should review your Content regularly to ensure it is accurate, lawful and not misleading. You warrant your Content is accurate; you will remove any inaccuracies in your Content; you own or have all rights, licenses and consents necessary to provide your Content; other authorised Users and Swathe.me may use your Content in accordance with these Terms; and your Content and all use of your Content as contemplated by these Terms will not infringe anyone’s intellectual property rights, privacy, or breach any law.

Content License

You agree that Swathe.me may use, and you grant to Swathe.me a worldwide, irrevocable, perpetual, non-exclusive, assignable, royalty-free and transferable license (with the right to sublicense) for your Content. Swathe.me may use your Content for all purposes (including, without limitation, by reproducing, changing, and communicating the content to the public) relating to the Platform including advertising, marketing, commercial and other business purposes in any media or platform without notice or payment and permit us to authorise any other person to do the same thing.

Content Use

Content on the Platform may be publicly available, available for Users or certain Users only, or retained on the Platform and unpublished, in each case in Swathe.me’s discretion. Swathe.me may, without prior notice, remove, disable or otherwise alter access to Content for any reason including Content that Swathe.me, in its sole discretion, considers to be objectionable for any reason, in breach of these Terms, or otherwise detrimental or harmful to Swathe.me, Users other persons or the Platform. If Swathe.me removes or restricts access to Content it may do so without notice and without liability to you.

Your Interactions with Other Users

You make your own decisions about the identity and suitability of all persons you communicate with, meet, contract with or have any other interaction with on or in relation to the Platform. Swathe.me recommends you always exercise care when deciding whether to communicate, meet, contract with or have any other interaction with any other User. Swathe.me is not responsible for any damage or harm resulting from your interactions with other Users or persons contacted directly or indirectly through the Platform. You agree not to attempt to impose liability on or seek any legal remedy from Swathe.me relating to actions or omissions of other Users or third parties.

Harrassment

You agree you will not contact, harass or stalk any User of the Platform, or collect or store any personally identifiable information about any user other than for purposes of legitimately transacting on the Platform in accordance with these Terms. If another Swathe.me User requests that you do not continue to contact or communicate with them then you will cease to contact or communicate with them.

User Conduct

You agree not do any of the following in relation to use of the Platform:

  • breach any law including, employment, health and safety, immigration or criminal law;
  • cause Swathe.me to breach any law, regulation, rule or code or other legal obligation;
  • use, access, copy or store any part of the Platform or Content for any commercial or other purposes not expressly permitted by these Terms;
  • register a Swathe.me Account on behalf of a person other than you (except where you are legally authorised to do so or do so with their consent);
  • impersonate anyone, falsify or misrepresent yourself or your affiliation with anyone;
  • provide or transmit any false, misleading or deceptive Content or Content that infringes anyone’s intellectual property, privacy or contractual rights; or defame anyone;
  • transmit, distribute, post or submit any Content relating to any other person without their consent, including photographs personal, financial or other confidential information;
  • use the Platform in connection with the distribution of unsolicited commercial messages (“spam”) or advertisements for your services or services of another person;
  • provide any Content which is obscene, indecent, pornographic or offensive;
  • promote discrimination, hatred, harassment or harm against any person or group; promote or incite racial hatred; be violent or threatening or promote violence or actions that are threatening to any other person; be abusive; breach any person’s confidence or privacy; or promote illegal or harmful activities or substances;
  • provide any Content that would bring us, or the Site, into disrepute;
  • encourage, or assist any person to do any of the above

Reporting Misbehaviour

If you believe a User is acting or has acted inappropriately, including but not limited to anyone who engages in disturbing, criminal, offensive, violent or sexually inappropriate conduct, you should immediately report such person to the appropriate authorities. Swathe.me will cooperate with all authorities as required by law. Reporting any details of inappropriate activities or actions to Swathe.me does not require Swathe.me to take any action or cause Swathe.me to incur any liability to you.

Swathe.me not Responsible for Users Actions

You are solely responsible for all of your communications with other users of the Platform and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, any other User. You agree to take reasonable precautions in all communications and interactions with other Users of the Platform and with other persons with whom you communicate or interact as a result of your use of the Platform, including, but not limited to, other Users, particularly if you decide to meet them in person regardless of whether such meetings are organised using the Platform. Swathe.me expressly disclaims all liability for any act or omission of any member or other third party.

User Acknowledgement

Users agree that Swathe.me does not act as your advisor or agent and you decide entirely in your discretion who you choose to communicate with, meet or otherwise engage. As a User you should obtain your own health and safety, employment, financial, tax and insurance advice in relation to your use of the Platform and your legal responsibilities in relation to any services you contract for. Any agreement you enter into with another User is between you and the User and Swathe.me is not a party to it. You acknowledge and agree that you are responsible for your own acts and omissions relating to the use of the Platform and any arrangements you make with other Users. You represent and warrant to us that you have the legal capacity to enter these Terms.

Ownership

The Platform is protected by copyright, trademark, and other laws of New Zealand. You acknowledge and agree that the Platform, including all associated intellectual property rights, are the exclusive property of Swathe.me and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform.Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.

Swathe.me Branding

All trademarks, service marks, logos, trade names and collateral of Swathe.me belong to Swathe.me and may not be used or reproduced without Swathe.me’s prior written agreement.

Restricted Use

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Swathe.me or its licensors, except for the licenses and rights expressly granted in these Terms.

Interference With Swathe.me Platform

Swathe.me provides its Platform on the basis it will enjoy reasonable public and online access and Swathe.me’s business relies on all Users using the Platform for proper purposes. Users agree not to:

  • enter any false or misleading information into the Platform;
  • damage or interfere with the Platform or negatively impact User access to the Platform;
  • access or use any system, the Platform or any Swathe.me API to use, expose, or allow to be used or exposed, any Content or any data relating to the Platform that is not publicly displayed or intended to be publically displayed by Swathe.me;
  • access, use, copy, “scrape,” “crawl” or “spider” Content or any data relating to the Platform or create or compile, directly or indirectly, a collection, compilation, database, directory or similar using Content or any data relating to the Platform;
  • access, tamper with, or use non-public areas of the Platform, Swathe.me’s computer systems, or the technical delivery systems of Swathe.me’s providers; or attempt to probe or test the vulnerability of the Platform, or any Swathe.me system or network, or breach any security or authentication measures;
  • circumvent any technological measure implemented by Swathe.me or any of Swathe.me’s providers or any other third party (including another user) to protect the Platform;
  • forge any TCP/IP packet header or any part of the header information in any communication, or in any way use the Platform to send altered, deceptive or false source-identifying information;
  • re-use or display, mirror or frame any part of the Platform, Swathe.me’s name, trademark, logo or other proprietary information, or the layout and design of any page or part of a page;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; or
  • encourage or assist any person to do any of the above.

Links

The Platform may contain links to third-party sites or materials. You acknowledge you access those sites and materials at your own risk and choice and Swathe.me is not responsible for the accuracy or content of those sites or materials and you agree to use those sites and materials in accordance with and subject to their respective terms of use. As the Site contains links to other websites as well as content added by people other than us we do not endorse, sponsor or approve any such user generated content or any content available on any linked website.

No Platform Warranties

Swathe.me does not warrant that the Platform will meet your requirements, or will be available on an uninterrupted, secure, or error-free basis. The Platform is provided “as is”, without warranty of any kind, either express or implied and may be unavailable from time to time (including for maintenance purposes). Without limiting this, Swathe.me expressly disclaims any warranties of merchantability or fitness for a particular purpose.

No Other Warranties

Swathe.me makes no warranty regarding the quality of any Content or Users, including the accuracy, timeliness, truthfulness, completeness or reliability of any Content used, seen or otherwise obtained through the Platform. No advice or information, whether oral or written, obtained from Swathe.me or through the Platform, will create any warranty not expressly made in these Terms. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

Advertising

Swathe.me may allow advertisements and links on the Platform. By allowing advertising, Swathe.me does not recommend or endorse advertisers’ goods or services, and you agree Swathe.me is not responsible for anything promised, said, done or omitted by such advertiser.

Indemnity

You agree to indemnify, Swathe.me and its related companies, and their officers, directors, employees and agents, and keep them harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform or your non-compliance with these Terms; your Content; and your interactions with any User.

Excluded Liability

You agree that to the maximum extent permitted by law, the entire risk arising from your access to and use of the Platform, any contact you have with other Users of Swathe.me whether in person or online remains with you. Swathe.me is not liable for any direct, indirect, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, interruption of business, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, from the use of or inability to use the Platform, from any communications, interactions or meetings with other Users or other persons with whom you communicate or interact as a result of your use of the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Swathe.me has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Limited Liability

These terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim. Swathe.me’s total liability arising out of or in connection with these Terms and your use of the Site or Services will not exceed 2.5% of the amounts spent on your registered Swathe.me prepaid card in the six (6) month period prior to the event giving rise to the liability, or $100, whichever is the greater. These limitations of damages are fundamental elements of the basis of the bargain between Swathe.me and you.

Force Majeure

Swathe.me has no liability for non-performance, unavailability or failure of the Platform, or compliance with these Terms (“failures”) if the failures arise from any cause reasonably beyond Swathe.me’s direct control.

Amendments

Swathe.me may, in its sole discretion, change the Platform, these Terms, at any time and without prior notice. If we change these Terms, the change will take effect on the earlier of when we post the change on the Platform or otherwise provide you with notice of the change. By continuing to access or use the Platform after we have posted a change on the Platform or have provided you with notice of a change, you are indicating that you agree to be bound by the changed Terms.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Swathe.me and you regarding the Platform and these Terms supersede and replace any and all oral or written understandings or agreements between Swathe.me and you regarding the Platform.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Swathe.me may assign or transfer these Terms, at its sole discretion, without restriction. These Terms bind the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Swathe.me via email (in each case to the address that you provide it) or by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted.

Law and Jurisdiction

These Terms and your use of the Platform are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.

General

A failure by Swathe.me to enforce any part of these Terms will not constitute a waiver and any enforcement of these Terms is without prejudice to any other remedies available to Swathe.me. If a part of these Terms is invalid or unenforceable then that part will be split from the Terms and the remaining Terms will not be affected. Each party must at its own expense do everything reasonably necessary to give full effect to this agreement and the events contemplated by it.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies on any person other than the parties.

Contacting Swathe.me

If you have any questions about these Terms please contact Swathe.me at

Glossary for use in these Terms:

“Content” includes text, graphics, images, documents, files, music, software, audio, video, information in connection with Accounts and other information or materials, posted, uploaded or transmitted, or made available on the Platform

“Swathe.me”, “we”, “us”, or “our” means Swathe.me Limited

“Swathe.me Account” means the account membership status and information required by Swathe.me

“Platform” includes the Site, Services and Content

“Services” means the functionality and services provided by Swathe.me via the Platform

“Site” means www.Swathe.me and any other websites or mobile application through which Swathe.me makes the Services available

“User” means all users of the Platform including a person who completes Swathe.me’s registration process and opens a Swathe.me Account

“You” and “your” are a reference to you


Prepaid Card | Terms and Conditions


  1. By purchasing and/or using a Swathe.me Prepaid Card you accept these terms and conditions. Any person who uses your Prepaid Card will also be bound by these terms and conditions.
  2. Swathe.me may change these terms and conditions from time to time by uploading the changed/new terms and conditions to Swathe.me website. The changes shall be applicable from the date they are uploaded to Swathe.me website. No further notice is required.
  3. The purchase price of a Swathe.me Prepaid Card is $5.00 (which includes postage and packaging). Delivery of the Swathe.me Prepaid Card is to any address within New Zealand serviced by NZ Post.
  4. If more than one Swathe.me Prepaid Card is ordered, then each Swathe.me Prepaid Card will be sent separately and each Swathe.me Prepaid Card will be subject to the purchase price of $5.00. Only one Swathe.me Prepaid Card can be actively assigned to a patient or caregiver at any time.
  5. Swathe.me Prepaid Card is exclusive to Swathe.me and may only be used at any participating retailers as detailed on our website. Swathe.me Prepaid Cards can be used for the purchase of any goods and services at any Swathe.me partner store nationwide, subject to the partner store’s terms of trade.
  6. A Swathe.me Prepaid Card entitles the bearer to purchase goods and services from the Swathe.me suppliers only. It is not redeemable for cash nor does it allow the balance from the card to be transferred to a personal or other bank account. It is solely for the purchase of goods and services from Swathe.me suppliers, and acquired on a non-refundable basis.
  7. You can load Swathe.me Prepaid Cards with any amount between $10 and $10,000, up to a maximum of $25,000. You may purchase additional credit to be added onto the Prepaid Card.
  8. Your Swathe.me Prepaid Card will expire 5 years from the date of purchase of the Prepaid Card. Any unused balance as at the expiry date will be transferred to a new Swathe.me Prepaid card and an administration fee will be charged.
  9. You can check the balance and expiry date of your Prepaid Card online at swathe.me
  10. You may not be return or redeem Swathe.me Prepaid Cards for cash.
  11. Please treat your Swathe.me Prepaid Card like cash. Keep your Swathe.me Prepaid Card in a safe place. Swathe.me is not responsible for lost or stolen cards. Swathe.me will replace lost or stolen cards however an administration fee will be charged.
  12. Do not allow any other person to use your Swathe.me Prepaid Card and do not give your Swathe.me Prepaid Card number to any unauthorised person. Do not interfere with the magnetic strip or barcode on your Swathe.me Prepaid Card or in any other way deface, alter or tamper with your Swathe.me Prepaid Card as this will void your Swathe.me Prepaid Card. If a Swathe.me Prepaid Card is voided and a replacement is required, then an administration fee will be charged.
  13. The use of the Swathe.me Prepaid Card is also subject to the terms and conditions of each individual retailer where the Swathe.me Prepaid Card is used. Please read and understand these prior to any transaction.
  14. Each individual retailer will have their own delivery terms and conditions (including terms and conditions around multiple shipments, export conditions and restrictions, and supplementary charges payable in addition to the basic price of their goods and / or services). These are solely at the discretion of the individual retailer, are subject to change and Swathe.me is not liable for nor able to influence these terms, conditions or charges.
  15. Swathe.me is not liable for the availability, quality or fitness for purpose of any goods or services purchased with the Swathe.me Prepaid Card. If you have a dispute about goods or services you have purchased using a Swathe.me Prepaid Card please try and work with the retailer however if you are unable to please contact us so we can work through a resolution with the retailer.
  16. If you return any goods, you cannot obtain a reimbursement of funds to your Swathe.me Prepaid Card. The Retailer is responsible for providing a refund or store credit for goods or services, subject to the terms and conditions under which the original purchase was made, and your rights and the Participating Retailer’s obligations under the Consumer Guarantees Act 1993.
  17. If you think there has been an error in a transaction involving your Swathe.me Prepaid Card (for example where too much has been deducted from the value of the Swathe.me Prepaid Card for a purchase), you should contact the Retailer in the first instance where the error was made and ask them to rectify. If this does not work please get in touch with Swathe.Me and we will work through a resolution.
  18. Swathe.me may cancel any Swathe.me Prepaid Card, or the Swathe.me Prepaid Card programme, for any reason, at any time and without notice. If Swathe.me do cancel, Swathe.me shall refund or replace with an alternative Swathe.me Prepaid Card the balance on valid Swathe.me Prepaid Cards to the holder.
  19. In the event of the Swathe.me Prepaid card no longer being required by the holder during their lifetime, Prepaid Card holders can gift the balance to another Swathe.me user (randomly and anonymously), otherwise they can simply use the balance with the suppliers.
  20. In the event of the Swathe.me Prepaid card no longer being required following the death of a card holder, the executor/administrator can either: i) request the remaining balance be paid to their estate, ii) gift it to another Swathe.me user (randomly and anonymously through the Swathe.me Pay It Forward programme), iii) have the balance gifted to a charity of their choice, or iv) transfer the balance to another patient or caregiver.
  21. Swathe.me may ask you to provide personal information for the purposes of setting up your Swathe.me Prepaid Card. Any use by Swathe.me of your personal information shall be subject to the Swathe.me privacy policy.
  22. Swathe.me works diligently to protect the security of your information, including credit and debit card information. We protect your credit and debit card information during transmission by using the Secure Sockets Layer (SSL) protocol, which encrypts your information when transmitted over the Internet.
  23. Swathe.me retains only partial card details and all payments are handled by a secure, PCI compliant, third party (Payment Express). Your card details may be held by Payment Express – review their Privacy Policy. When topping up your Swathe.me prepaid card by credit/debit card, you may have the option to “save this card for next time”. If you choose this option, your credit/debit card details are encrypted and securely stored by Payment Express.
  24. Swathe.me works with ASB, DPS Payment Express and Transactor Technologies to ensure that any transaction is paid as soon as possible. This includes both payments to retailers and credits made to the Prepaid Card. As soon as funds are cleared by Payment Express they will be made available on the Prepaid card. This time frame may vary due to weekends and bank holidays.