Swan+ (“us”, “our”, “we”) offers an application which allows consumers to receive loyalty points and rewards from specified BUSINESSES through a mobile smartphone application (the “Application”). These Terms and Conditions (“Terms”) govern your download and use of the Application and your access and use of the Application. “You” or “Customer” means any individual or entity that downloads or uses the Application. Please read these Terms carefully. These Terms govern your download and use of the Application. You must accept these Terms prior to downloading or using the Application. By clicking “ACCEPT” or in any other way downloading or using the Application, you signify your assent to these Terms. If you do not accept these Terms, do not click “ACCEPT” and do not use the Application. If you do not agree to any of these Terms, please do not download or use the Application.
- License. Subject to the terms and conditions hereof, Swan+ grants you a non-exclusive license to use the Application, including any documentation files accompanying the Application (“Documentation”) and any upgrades, modified versions or updates of the Application which may be provided to you.
- Application. The Application allows you to receive loyalty pints and rewards, as well as other promotional, marketing and advertising content (all of the foregoing, “Content”) to your smartphone (a “Device”). Swan+ makes no warranties regarding the Application or the availability thereof, and Swan+ may choose to modify the Application or cease provision thereof at any time, in its sole discretion, in which event any loyalty points or rewards which you have collected may cease to be available or valid. You understand that Swan+ is making the Application available to you without charge and, as such, you shall have no claims against Swan+ for the temporary or permanent unavailability of any Content.
- Swan+ Account. To use the Application, you must create an account. Swan+ reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish. Your account username is your identity. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates these Terms or applicable law. All information provided in creating an account must be truthful and accurate, and you represent and warrant that you have all rights necessary to provide such information, including any information in respect of the Device. Swan+ may, for any reason in its sole discretion, terminate or suspend your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) Swan+'s reasonable belief that the letter or spirit of these Terms have been violated, (iii) Swan+'s reasonable belief that fraudulent or illegal behavior has occurred, or (iv) Swan+'sreasonable belief that behavior that is harmful to other users, third parties, or our business interests has occurred.
- Security. You represent and warrant that you have full rights to register any Device for which you have submitted registration information to Swan+. You should ensure that your Swan+ username and password (or other login information) are secure. Your loyalty points and rewards are at risk if you let someone use your account inappropriately. Swan+ will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. You agree to immediately notify Swan+ of any unauthorized use of your account or password. Swan+ WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE ARISING FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR PASSWORD, and you agree to indemnify and hold Swan+ harmless for any improper or illegal use of your account.
- Promotional Material. By specifying any individual vendor (a “Vendor”) through the Software, you consent to receiving Content from such Vendor. All Content is provided by BUSINESSES that you have selected and, as such, Swan+ disclaims all responsibility and liability for Content. Specifically, you acknowledge that Swan+ is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Content, and is no way is Swan+ responsible to provide any loyalty points or rewards on behalf of any Vendor. BUSINESSES ARE THE SOLE PARTIES RESPONSIBLE FOR CONTENT AND FOR PROVIDING ANY LOYALTY POINTS OR REWARDS. Further, you understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against Swan+ in this respect. You agree to abide by the terms and conditions that any Vendor may impose on any loyalty points or rewards provided by such Vendor, and you shall fully indemnify Swan+ for your violation of any such terms and conditions.
- Intellectual Property. You have no ownership rights in the Application. Rather, you have a limited license to use the Application subject to these Terms. Ownership of the Application, Documentation and all intellectual property rights therein and thereto shall remain at all times with Swan+ or its licensors. All rights not expressly granted to you herein are reserved to Swan+. You may not remove any proprietary notice of Swan+ or its licensors from the Application, Documentation, or Content or any copy or component thereof. All copyright notices must be retained at all times.
- Restrictions. You shall maintain all copyright and other proprietary notices contained in the Application, including all commercial logos. Except as set forth expressly herein, you shall not, and shall not permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application; (b) circumvent, disable, or otherwise interfere with security-related features of the Application or any Content; (c) modify the Application or any Content, or insert any code or product, or in any other way manipulate the Application or any Content; or (d) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Application or any Content except as expressly permitted by these Terms. To the extent any of the restrictions set forth in this Section are not enforceable under applicable law, you shall inform us in writing in each instance prior to engaging in the activities set forth above.
- Usage Restrictions. In making use of the Application or any Content, you may not, directly or indirectly, (a) violate the legal rights of others, including defaming, abusing, stalking or threatening users or infringe our or any third party’s intellectual property rights, moral rights, or other rights; (b) commit an action that is (or we reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or we reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (c) commit any action that does not comply with all applicable laws, rules, or regulations, including not obtaining all necessary permits, licenses, or registrations or that would cause us to be in violation of any law or regulation, or to infringe any right of any third party; or (d) use or access another user’s account or password without permission or under false pretenses.
- Indemnification. You shall indemnify Swan+, its affiliates, employees, officers, directors and agents from and against any and all third party allegations (even though such allegations may be false, fraudulent or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) a breach by you of these Terms; (ii) your use of the Application or any Content in a manner that may violate any third party intellectual property, moral or contractual rights; or (iii) your use of the Application or any Content in violation of any law, regulation or court order. Your choice of counsel retained for purposes under this section must be reasonably satisfactory to Swan+. You may not settle or compromise claims that impose any obligation on Swan+ or that may affect Swan+' rights in any way without Swan+' prior written consent. Swan+' may participate in the defense of all claims with counsel of its own choice at its own expense.
- No Warranty. THE APPLICATION, DOCUMENTATION AND ALL CONTENT ARE PROVIDED “AS-IS”. Swan+ EXPRESSLY DISCLAIMS ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE APPLICATION OR THE SUBSTANCE OF THE CONTENTS) AND WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE APPLICATION OR THE CONTENT IS AT YOUR OWN RISK, AND Swan+ DOES NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE APPLICATION OR THE CONTENT, INCLUDING WITHOUT LIMITATION THE UNAVAILABILITY OR MODIFICATION OF ANY LOYALTY POINTS OR REWARDS, OR THE FAILURE OF ANY VENDOR TO PROVIDE ANY PROMISED REWARDS.
- Limitation of Liability. Swan+ IS MAKING THIS APPLICATION AVAILABLE TO YOU WITHOUT CHARGE AND, AS SUCH, Swan+ SHALL NOT HAVE ANY LIABILITY ARISING OUT OF THE LICENSE, SUPPLY OR USE OF THE APPLICATION OR CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL Swan+ BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES), INCLUDING ARISING OUT OF THE MANUFACTURE, SUPPLY, SALE OR USE OF THE APPLICATION, EVEN IF Swan+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Termination. Swan+ may suspend or terminate your account, these Terms, and your use of the Application or any Content at any time if (i) you violate these Terms, including by using the Application or any Content in violation of any third party right or law, regulation or court order; (ii) Swan+ is unable to verify or authenticate any information you provide; (iii) such information becomes inaccurate; or (iv) Swan+ decides in its sole discretion to cease offering the Application or any Content. Upon termination, you must immediately cease all use of the Application and Documentation. Sections 4 (Security), 6 (Privacy), 7 (Intellectual Property), 8 (Restrictions), 9 (Usage Restrictions), 10 (Indemnification), 11 (No Warranty), 12 (Limitation of Liability) and this Section 13 shall survive the termination or expiration of this Agreement for any reason.
- Miscellaneous. These Terms represent the entire agreement between the parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof, provided that the use of any Content may be subject to additional terms provided by the applicable Vendor. These Terms may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Swan+ may assign its rights or obligations pursuant to these Terms. Customer agrees not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall be governed by the laws of Saudi Arabia, and the competent courts in Saudi Arabia shall have exclusive jurisdiction to hear any disputes arising hereunder.
“Personal Information” is information that can be directly associated with a specific person or entity such as a customer’s name, telephone number, e-mail address, credit card number, or information about activities directly linked to that person, such as his or her purchases. Personal Information also includes information that you may choose to provide to us, such as your name, age, gender, phone number and e-mail address. We collect Personal Information that you provide to us, such as when you register for Swan+, provide Swan+ with any information or otherwise contact us, when you use any loyalty rewards or points that Swan+ makes available, or when you take any consumer actions with respect to participating BUSINESSES (including making purchases or entering the physical location of such BUSINESS).
If you choose to provide Personal Information to us, we will not share this information with third parties or other Swan+ users without your explicit permission, except when required by law, regulation, subpoena or court order or as expressly set forth herein.
We may use Personal Information internally – for example, to process your visits and provide you with reliable loyalty points and rewards and to tell you about specific goods and services we believe will be of interest to you. We may also contact you periodically in order to provide you with service announcements regarding Swan+. In addition, we use Personal Information to diagnose problems with our servers, to make Swan+ more useful and to customize Swan+ and personalize its content for you.
The Application may provide Swan+ with information regarding your actual location. Swan+ will collect this information only if you allow the Application to access your location through your mobile device. Swan+ uses this data for anonymous statistical purposes (see below under “Statistical Information”). If you choose to make your visit available to BUSINESSES, Swan+ will also notify the applicable Vendor when you are present in the physical location of such Vendor. Swan+ may provide you with different options for providing such location information to BUSINESSES, and you may change your selection at any time by accessing the Profile tab of the Application. Except as anonymized statistical information or to BUSINESSES (if you consent), Swan+ will not share your location with any third party.
Swan+ offers you to register using your phone number.
Swan+ does not provide participating BUSINESSES with your phone number or email address, or any other means of contacting you directly except through the Swan+app.Swan+ 'business, however, is to provide you with loyalty points and rewards that enhance your shopping and consumer experience. In order to achieve this goal, Swan+ provides BUSINESSES that you specify with some of your Personal Information, including your past shopping and/or visit history and (if you consent) if you are physically located at such BUSINESS’ store location (see above under the heading “Location-Based Services”).
“Personal Information” does not include statistical information. By analyzing your use of our system we may compile certain statistical information, such as anonymous information about how users use our service. In addition, when you use Swan+ certain statistical information may be gathered about your usage of the product and used for diagnostic purposes and improving Swan+. This may include certain information that Swan+ automatically receives from your mobile device, such as time patterns and feature usage.. Statistical data helps understand trends and customer needs so that new products and services can be considered and in order to tailor existing products and services to customer desires. Aggregate statistical information is anonymous and will not be linked to any Personal Information for provision to third parties. We may share such anonymous statistical information with our partners, without restriction, on commercial terms that we can determine in our sole discretion.
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