Terms of Use

Terms of Use

 

This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Swish Fashion, its affiliates, and each of their respective successors and assigns (collectively, “Swish Fashion”) governing your use of www.swishfashion.com, and related websites and social media sites operated by Swish Fashion (collectively the “Site”). You hereby agree implicitly and without express written consent that you have read and agree to be bound by the outlined terms and conditions. If you do not agree to abide by these Terms of Use, please refrain from using the Site.

Swish Fashion reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Site at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site after any such changes shall constitute your consent to such changes.

Website Accessibility

Swish Fashion is committed to continually making our website accessible to all users, including those with disabilities.

Mobile Message Service Terms & Conditions

Last Updated: February 12, 2024.

By entering your phone number and opting to subscribe at checkout, you consent to receive marketing text messages (such as promotion codes and cart reminders) from Swish Fashion at the number provided, including messages sent by autodialer. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency varies. You can unsubscribe at any time by replying STOP or clicking the unsubscribe link (where available) in one of our messages.

The Swish Fashion mobile message service (the "Service") is operated by (“Swish Fashion”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you opt into marketing, you'll receive marketing messages including cart reminders. If you opt into transactional messages, you'll receive shipping updates, account alerts, order status [etc] from Swish Fashion via text messages through your wireless provider to the mobile number you provided.. Message frequency varies. Text the single keyword command STOP to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Swish Fashion mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance email info@swishfashion.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You may also reference our Privacy Policy here. 

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Creating An Account

In order to access certain content, material, products or services, or place an order on the Site, you may be asked to create an account. As part of the registration process, you may be asked to click to agree to these Terms of Use and Privacy Policy, and may then be asked to select or submit a user name and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Swish Fashion will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

Validating Your Order

After you place an order using our shopping cart, Swish Fashion will check the information you give us for validity, by verifying your method of payment or shipping address. Swish Fashion reserves the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If Swish Fashion rejects your order, Swish Fashion will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if Swish Fashion rejects an order, but Swish Fashion will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Swish Fashion reserves the right to refuse service, including but not limited to, order fulfillment, customer support, and technical support, to anyone for any reason. A Swish Fashion order invoice does not represent an actual acceptance of an order nor does it represent an offer to sell, rather, Swish Fashion reserves the right to decline an order for any reason, even after an order invoice is issued.

Taxes

You are responsible for any sales, duty or other governmental taxes or fees due with respect to your order. Swish Fashion will collect applicable sales tax if Swish Fashion determines that it has a duty to collect sales tax. Swish Fashion will present any taxes that Swish Fashion is required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Order Limitations/Limited Quantities

Swish Fashion may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. Swish Fashion also reserves the right to reject any order you place with us. In the event Swish Fashion makes a change to an order, Swish Fashion will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made.

Shipping Risks

Swish Fashion will provide customers with tracking information including expected shipping dates, but Swish Fashion will not be held responsible for any delays, damages or losses due to (but not limited to) natural disasters, acts of federal, state or local government, fires, floods, strikes, lockouts, freight embargoes, and acts of God. Customers can pursue claims for lost and damaged packages through the shipping courier.

Return and Refund Policy

You may return or exchange any unused Swish Fashion products in accordance to our returns and exchanges policy available here.

Termination of Use

Swish Fashion may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Swish Fashion reserves the right to change, suspend or discontinue all or any aspects of the Site at any time without prior notice.

Collections

In the event Swish Fashion must pursue collections of any debt owed to the company resulting from a sales transaction, not limited to fraud, credit card reversals, credit accounts, etc., Swish Fashion will be entitled to actual costs associated with the collections, including, but not limited to, actual legal fees and costs, travel fees, airfare, mileage, lodging, and other necessary costs associated with the collections.

Product Updates/Errors on Site

Product information and prices displayed on the Site are subject to change without notice. Errors will be corrected where discovered, and Swish Fashion reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Swish Fashion will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Swish Fashion’s Return Policy.

Pricing Policy

Prices and offers are subject to change.

Postings

Swish Fashion may from time to time monitor, review, and in its discretion edit or delete, discussions, chats, profiles, and postings on our Site; however, Swish Fashion is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, hate speech, danger, illegality, solicitations or inaccuracy contained in any information transmitted to any such locations on our Site. Swish Fashion will cooperate with law enforcement or a court order requesting or directing Swish Fashion to disclose the identity of anyone posting any information or material prohibited by this Agreement. Swish Fashion may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Swish Fashion, its clients, or the public.

Intellectual Property Ownership

All right, title and interest in the Site, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Swish Fashion or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Site constitutes a valuable trade secret and/or is the confidential information of Swish Fashion or its licensors.  Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Site, in whole or in part.  All content and materials included as part of the Site, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the "Works") are the property of Swish Fashion or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Swish Fashion owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part.  Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Swish Fashion and its licensors irreparable injury, which may not be remedied at law, and you agree that Swish Fashion and its licensors' remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

Trademarks

The “Swish Fashion” name, logo, other related names, design marks, product names, feature names and related logos are trademarks of Swish Fashion and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Swish Fashion.  In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Swish Fashion and may not be copied imitated or used, in whole or in part, without the express prior written permission of Swish Fashion.

Representations & Warranties

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Site.  If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity.  If you do not have such authority, you must immediately stop using the Site.

Indemnification

You shall defend, indemnify and hold Swish Fashion harmless from and against any and all losses, damages, liabilities, costs, judgments, charges and expenses, including reasonable attorneys’ fees, arising out of or relating to any act or omission by you with respect to (i) your use of the Site or (ii) your breach or violations of this Agreement.

Disclaimer of Warranties

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (A) THE SITE IS PROVIDED "AS-IS" AND “WITH ALL FAULTS”, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWISH FASHION, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SERVICES PARTNERS, AGENTS AND MARKETING PARTNERS) AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE "SWISH FASHION PARTY(IES)") DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND ACCURACY AND NON-INTERFERENCE; (B) NEITHER SWISH FASHION NOR ANY SWISH FASHION PARTY WARRANTS THAT (i) THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (ii) THE SITE WILL MEET YOUR REQUIREMENTS, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; (C) YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION OF PROBLEMS CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, UNLESS SUCH ERRORS OR VIRUSES ARE THE DIRECT RESULT OF SWISH FASHION’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (D) SWISH FASHION AND THE SWISH FASHION PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS OR OTHER INFORMATION OBTAINED, GENERATED OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SITE OR OTHERWISE RELATING TO THIS AGREEMENT, AND (E) USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND NEITHER SWISH FASHION NOR ANY OF THE SWISH FASHION PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

SWISH FASHION MAKES NO REPRESENTATION REGARDING ANY PRODUCT OR SERVICE SOLD THROUGH THE SITE.  ALL WARRANTIES FOR ANY PRODUCT PURCHASED THROUGH THE SITE ARE PROVIDED DIRECTLY FROM THE MANUFACTURER AND NOT SWISH FASHION. THE SWISH FASHION PARTIES MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES THROUGH THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE SWISH FASHION PARTIES.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose.

Limitation of Liability

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL SWISH FASHION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST TIME OR GOOD WILL, EVEN IF SWISH FASHION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  SWISH FASHION SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IF, DESPITE THE LIMITATIONS ABOVE, THE ANY SWISH FASHION PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN SUCH SWISH FASHION PARTY’S LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE TRANSACTION FEES ASSESSED FOR YOUR TRANSACTIONS THROUGH THE SITE, OR (B) ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.  YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR ACCESS TO AND USE OF THE SITE.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Swish Fashion on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site or otherwise (collectively, "Comments") shall be and remain Swish Fashion’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to Swish Fashion of all worldwide rights, titles, and interests in all copyrights and other intellectual property in the Comments. Thus, Swish Fashion will own exclusively all such rights, title, and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Swish Fashion is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any Comments. Further, you agree that no Comments or other user submissions submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal rights.

Links to Other Web Sites

Our Site includes links to other Web sites whose privacy practices may differ from those our Site. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

Refer a Friend Terms & Conditions

You’ve got friends. We’ve got leggings. Let’s work something out. As a Refer-a-Friend member (a “Referrer”), you are subject to Swish Fashion’s Terms of Use and Swish Fashion’s Privacy Policy (both available on our website), as well as the following additional Terms & Conditions for Swish Fashion’s Refer-a-Friend program. Details below. 

• Referrer: Anyone can refer a Friend, whether you’re a current customer or not.
• Friend (that’s the person being referred): Friends, however, must be new customers and must use the referral code for their first purchase for it to count as a referral.
• Eligibility is limited to individuals only. Swish Fashion’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Swish Fashion’s sole discretion.
• No Spam: You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Swish Fashion’s Refer-a-Friend program.
• Right to Close Accounts: Swish Fashion reserves the right to close the account(s) of any Referrer and/or Friend and to request proper payment if the Referrer and/or Friend attempts to use the Swish Fashion Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
• Refer-a-Friend Codes:
• Please note Refer a Friend purchases and redemptions are only valid in places where Swish Fashion currently ships, like the U.S. and Australia.
• Please note the cost of shipping is not included with the reward of free leggings.
• This code cannot be combined with any other offers.
• Multiple codes: Each free legging code is single-use and can be used for one purchase. If you would like to combine your free leggings with another order, Swish Fashion would be happy to consolidate shipping resources and make things easier for you. Email us at info@swishfashion.com.au and we’ll work it out!
• Right to Cancel Program or Change Terms: Swish Fashion reserves the right to end, pause, or disable the program or to change these Terms & Conditions at any time. Free leggings earned before Swish Fashion ends/pauses/disables will be valid as usual, but once the program is on hold, there will be no discount for the referred or free legging reward. 

Dispute Resolution

In the event that you and Swish Fashion are unable to resolve a dispute within thirty (30) days of written notice of the dispute, you and Swish Fashion agree to resolve such dispute through final and binding arbitration. You and Swish Fashion each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to your use of the Site under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org.  The arbitration shall be held in Travis County, Texas, unless you and Swish Fashion otherwise agree in writing. You may not initiate any legal action or proceeding against us or any of our employees, managers, members or agents, in any other forum or location.

You further agree that you may resolve any dispute with us only on an individual basis, and that you may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. In addition, unless you and Swish Fashion otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, consolidated or representative proceeding.

Notwithstanding the foregoing, either you or Swish Fashion may bring a lawsuit for injunctive relief to prevent and/or to stop (1) unauthorized use or abuse of the Site, (2) defamation, libel, or other false or misleading statements, or (3) any actual or threatened intellectual property infringement or unfair competition without first engaging in the arbitration process described above.

General

This Agreement shall be governed by Texas law and controlling United States federal law, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas. 

Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.

It may be necessary for Swish Fashion to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site.  Swish Fashion provides no assurance that you will receive advance notification of such activities or that the Site will be uninterrupted or error-free.  Any degradation or interruption in the Site shall not give rise to a refund or credit of any fees paid by you. No joint venture, partnership, employment, or agency relationship exists between you and Swish Fashion as a result of this agreement or use of the Site. The failure of Swish Fashion to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Swish Fashion in writing.

Neither party shall be liable to the other party for any failure to perform any of its obligations (except payment obligations) under this Agreement during any period in which such performance is delayed by circumstances beyond its reasonable control including, but not limited to, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority.

If you have not entered into another agreement with Swish Fashion regarding the subject matter contained herein, then this Agreement comprises the entire agreement between you and Swish Fashion and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding such subject matter. However, if you and Swish Fashion have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between you and Swish Fashion, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.

By purchasing products from this site, you are agreeing to be bound by the Swish Fashion Terms of Use Agreement which, among other things, includes limitations on the claims that you can bring against Swish Fashion. If you do not agree to be bound by these terms, you should not purchase products through this site.

Effective Date: February 12, 2024.