Effective Date: September 1st, 2023
SWAVE PLATFORM TERMS AND CONDITIONS
These Terms and Conditions ("Terms") govern your access to and use of the SWAVE platform ("SWAVE" or the "Platform"), provided by [Exemplar Projects Group PTY LTD and UltraBaesic Technologies] ("Company," "we," "our," or "us"). By accessing or using SWAVE, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use SWAVE.
1. User Eligibility
1.1 You must be at least 18 years old and capable of forming a binding contract to use SWAVE. If you are using SWAVE on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
2. Registration and User Accounts
2.1 You must create a user account to access certain features of SWAVE. You agree to provide accurate, current, and complete information during the registration process. 2.2 You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.
3. SWAVE Services
3.1 SWAVE provides a platform that connects users seeking services ("Service Users") with individuals or businesses offering services ("Service Providers"). We are not responsible for the quality, safety, or legality of services provided by other Service Providers. 3.2 You agree to use SWAVE solely for its intended purpose, including tasks, errands, and services within the platform's guidelines.
4. Payments
4.1 Service Users agree to pay Service Providers for services through SWAVE. Payments are processed using third-party payment processors, and you agree to their terms and conditions. 4.2 SWAVE may charge service fees, which will be clearly disclosed to you before you use a particular service.
5. User Conduct
5.1 You agree not to: Violate any laws, regulations, or third-party rights. Use SWAVE for any illegal, fraudulent, or unauthorized purpose. Harass, defame, or harm other users. Interfere with the operation of SWAVE.
6. Content
6.1 You grant SWAVE a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute your content. 6.2 You agree not to post or share any content that is unlawful, defamatory, offensive, or violates the rights of others.
7. Privacy
7.1 SWAVE's Privacy Policy governs the collection, use, and sharing of your personal information. By using SWAVE, you consent to the practices described in the Privacy Policy.
8. Termination
8.1 SWAVE may suspend or terminate your access to the platform at its sole discretion, with or without cause and with or without notice.
9. Disclaimers and Limitation of Liability
9.1 SWAVE is provided "as is" and "as available" without warranties of any kind. 9.2 SWAVE is not responsible for the actions, content, or information of third parties, and you release SWAVE, its officers, directors, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against such third parties.
10. Governing Law and Dispute Resolution
10.1 These Terms are governed by the laws as all respective nations where SWAVE is being operative, excluding its conflicts of law principles 10.2 Any disputes arising out of or relating to these Terms or SWAVE will be resolved through binding arbitration in accordance with the rules of the respective host nation where SWAVE is being used, including the International Centre for Settlement of Investment Dispute Convention and consequently enacted the International Centre for Settlement of Investments Disputes (Enforcement of Awards) Act in November 1967 (ICSID Act) and all respective Africa Arbitration Institutions.
11. Changes to Terms
11.1 SWAVE may revise these Terms at any time. You are responsible for regularly reviewing the most current version.
12. Contact Information
12.1 For questions about these Terms, please contact us at support@swaveafrica.com, contactline@exemplarproject.org