OVERVIEW
Welcome to Swoosh. The terms “we”, “us” and “our” refer to Swoosh. Swoosh operates this store and website, including all related information, content, features, tools, products and services (the “Services”).
Swoosh is powered by Shopify, which enables us to provide the Services to you. These Terms of Service describe your rights and responsibilities when using our Services.
By accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, you should not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you confirm that you are at least the age of majority in your jurisdiction, or that you have given consent for any minor dependents to use the Services on devices you manage.
You agree to provide accurate, current and complete information when making purchases. You are responsible for maintaining the confidentiality of your account credentials. Accounts may not be transferred, sold or assigned.
SECTION 2 – OUR PRODUCTS
We strive to display our products, packaging, colours and other product details as accurately as possible. However, appearance may vary depending on your device, screen settings, production updates or packaging changes.
Product information, descriptions, ingredients, serving information and other details are provided for general informational purposes and may be updated from time to time without notice.
We reserve the right to discontinue products, update formulations or packaging, or limit available quantities at our discretion.
SECTION 3 – ORDERS
Placing an order constitutes an offer to purchase. Swoosh reserves the right to accept or decline any order. Orders are not accepted until payment is processed and confirmation is issued.
Purchases are subject to our Refund Policy. Orders are intended for personal or household use only and not for resale.
SECTION 4 – PRICES AND BILLING
Prices and promotions may change without notice. Taxes, shipping, customs or import fees may not be included unless stated.
You agree to provide accurate payment information and confirm you are authorized to use the payment method.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. We are not responsible for carrier delays, customs processing, weather disruptions, postal delays or other events beyond our reasonable control. Risk of loss transfers to you once items are provided to the carrier, to the extent permitted by applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
All content on our Services — including trademarks, text, images, graphics, branding and design — is owned by Swoosh or its licensors and protected by applicable law.
You may not reproduce, copy, distribute or commercially use our content without written permission. All rights are reserved.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or representations of any kind. Use of such tools is at your own risk and may also be subject to third-party terms.
SECTION 8 – THIRD-PARTY LINKS
Our Services may contain links to third-party websites or services. We are not responsible for third-party content, policies, products, services or practices.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, purchases are made directly with Swoosh. Shopify is not responsible for transactions between you and our store except where otherwise required by applicable law or Shopify’s own terms.
SECTION 10 – PRIVACY POLICY
Personal information collected through our Services is governed by our Privacy Policy and may also be subject to Shopify’s applicable privacy policies.
SECTION 11 – FEEDBACK
If you submit feedback, ideas or suggestions, you grant us a perpetual, worldwide, royalty-free license to use, reproduce, adapt and incorporate that content into our Services or business operations.
SECTION 12 – ERRORS AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions relating to product information, pricing, promotions, availability or other content at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may not use our Services for unlawful, fraudulent, abusive, harmful, malicious or unauthorized purposes, or in any way that interferes with the security or operation of our Services.
SECTION 14 – TERMINATION
We may suspend or terminate access to the Services at our discretion where permitted by law. Any provisions that by their nature should survive termination will remain in effect.
SECTION 15 – DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED OR REQUIRED BY LAW, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, SWOOSH, SHOPIFY AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Swoosh, Shopify, and their respective affiliates, partners and service providers from claims arising from your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain valid and enforceable.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms, together with any policies referenced within them, constitute the entire agreement between you and Swoosh regarding your use of the Services.
SECTION 20 – ASSIGNMENT
We may assign or transfer our rights and obligations under these Terms where permitted by law. You may not assign your rights or obligations without our written permission.
SECTION 21 – GOVERNING LAW
These Terms are governed by the laws of the jurisdiction where Swoosh operates, except where applicable consumer protection laws require otherwise.
SECTION 22 – HEADINGS
Headings are included for convenience only and do not affect the interpretation of these Terms.
SECTION 23 – CHANGES TO TERMS
We may update these Terms from time to time. Updated Terms will be posted on this page, and continued use of the Services after changes take effect constitutes acceptance of the revised Terms where permitted by law.
SECTION 24 – CONTACT INFORMATION
Questions regarding these Terms should be submitted through the Contact option available on the Swoosh website.