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Terms & Conditions


© 2003 Swisher Hygiene UK Ltd - Terms & Conditions - Updated 13 August 2003


These terms and conditions contain important information about your rights and obligations and you must read them carefully.

1. Introduction

1.1 The following terms and conditions apply in respect of any use of any of the websites (the "Swisher Websites") operated by Swisher ("Swisher"). By accessing or using the Swisher Websites you agree to be legally bound by these terms and conditions of use as they may be modified and posted from time to time. If you do not wish to be bound by these terms and conditions then please do not use the Swisher Websites. By accessing the Swisher Websites you accept and agree to these terms and conditions of use as they apply to your use of the Swisher Websites.

2. Information Displayed on Swisher Websites

2.1 The Swisher Websites are intended to provide information about Swisher, its services and other activities. It is solely your responsibility to evaluate the accuracy, completeness, usefulness and fitness for any purpose of all details of opinions, advice, services and other information provided on the Swisher Websites.

3. Availability of Swisher Websites

3.1 We reserve the absolute right to alter, suspend or discontinue any aspect of the Swisher Websites or the services provided through it, including your access to it. Unless explicitly stated, any new features including the release of new services, software tools or resources shall be subject to these terms and conditions. We will endeavour to make the Swisher Websites available but cannot guarantee that the Swisher Websites will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the Swisher Websites and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Swisher Websites, router or any other internet connected device relating to the functioning of the Swisher Websites.

4. Your User Information

4.1 The following applies to any information you provide to us:

4.1.1 You authorise us to use, store or otherwise process any User Information including but not limited to your name and address to the extent reasonably necessary to provide the services which are available through the Swisher Websites, by us or our sub-contractors. In addition, if you choose to buy merchandise through any of the Swisher Websites then we may collect information about your buying behaviour and if you send us personal correspondence such as e-mails or letters or post messages on the bulletin boards or in the chat areas (if any) then we may collect such information into a file specific to you (together, the various purposes set out in this paragraph shall be known as "the Purposes"). By using the Swisher Websites, you consent to such collection and use by us. All such information collected by us shall be referred to in these terms and conditions as "User Information".
4.1.2 You are solely responsible for User Information and we may take any action with respect to your User Information we deem necessary or appropriate if we believe it may cause us to suffer any loss, liability or commercial damage.
4.1.3 The User Information you provide shall be accurate and complete and all registration details (where applicable) shall contain your correct name, address and other requested details.

4.2 By accepting these terms and conditions, you freely consent to the processing and disclosure of the User Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of User Information following notification to you by means of a notice on the Swisher Website. If you would like to review or modify any part of your User Information then you should email us at franchise@swisher.co.uk. For the Purposes, we may transfer or disclose User Information to other companies, to our professional advisers and to such other parties as we consider necessary, in the administration of the Swisher Websites and related business or if required to disclose such information by law.

4.3 We may aggregate statistics, traffic patterns and related site information and disclose such aggregate data to third parties for marketing, advertising or other promotional purposes but such aggregate data will not include any User Information.

4.4 Certain non-User Information of visitors to the Swisher Websites is recorded by the standard operation of our servers, including but without limitation, the URL that you just came from, which URL you next go to, what browser you are using and your IP address. Such information is primarily used to provide an enhanced on-line experience for the visitor.

4.5 In addition, the following also applies to all notes, messages, bulletin boards, postings, ideas, suggestions, concepts or other material (if any) submitted by you to us ("Content"):

4.5.1 you must own or have the right to submit Content for publication on the Swisher Websites and all Content submitted by you must be legal, honest, decent and truthful and comply with all applicable laws, regulations, standards or codes of conduct;

4.5.2 you must ensure that all Content submitted to us does not infringe the copyright, design, privacy, publicity, data protection, trade mark or any other rights of any third party, nor be obscene, abusive, threatening, libellous or defamatory of any person;

4.5.3 you must ensure that the Content does not advertise or otherwise solicit for funds or is a solicitation for goods or services; and

4.5.4 we have the right to monitor the Content and may edit, reject or remove Content if we believe it does not comply with the above.

4.6 All Content submitted to us will become the property of Swisher throughout the world except any portion of the material that is User Information. You have sole responsibility for the Content which you submit to us for publication on the Swisher Websites and you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of material submitted by you to us.

5. Security

5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to you or selected by you for use on the Swisher Websites. You may not share these with or transfer them to any third parties. You must notify Swisher immediately of any unauthorised use of them or any other breach of security regarding the Swisher Websites which comes to your attention.

6. Applicability of Online Materials

6.1 Unless otherwise specified, the materials used by Swisher ("Swisher Materials") on the Swisher Websites are presented solely for the purpose of promoting the Swisher Service and other products available in the territories for which Swisher has the right to use such materials. With respect to the Swisher Websites:-

6.6.1 the Swisher websites are controlled and operated by Swisher Hygiene UK Limited from its offices in Bournemouth, United Kingdom;

We make no representations that the Swisher Materials are appropriate or available for use in other locations. Those who visit the Swisher Websites from other locations do so on their own initiative and are responsible for compliance with all applicable laws.

7. Liability

7.1 The Swisher Websites and all materials and information thereon are provided on an "as is" basis. To the fullest extent permissible by applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever with regard to the Swisher Websites or any information or service provided through the Swisher Websites. To the fullest extent permitted by law we will not be liable to users for any loss or damage of any nature whatsoever and howsoever arising (including due to our negligence) out of or in connection with the viewing, use or performance of the Swisher Websites or its contents, whether due to inaccuracy, error, omission or any other cause and whether on the part of Swisher or our servants or agents, or any other person.

7.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Swisher Websites and is compatible with the Swisher Websites. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Swisher Websites will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

8. Copyright and Monitoring

8.1 The contents of the Swisher Websites are protected by international copyright laws and other intellectual property rights. The owners of these rights are Swisher Hygiene UK Limited or other third party licensors. All product and company names and logos mentioned in the Swisher Websites may be the trade marks, service marks or trading names of their respective owners, including www.swisher.co.uk. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the Swisher Websites including but not limited to text, graphics, video, messages, code and/or software without our prior written consent.

9. Linked Sites

9.1 Swisher makes no representations whatsoever about any other website which you may access through the Swisher Websites or which may link to the Swisher Websites. When you access any other website you understand that it is independent from the Swisher Websites and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Swisher endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Any concerns regarding any external link should be directed to its respective site administrator or web master.

10. General

10.1 We may assign or subcontract any or all of our rights and obligations under these terms and conditions.

10.2 We may alter these terms and conditions from time to time and post the new version on the Swisher Websites, following which all use of the Swisher Websites will be governed by that version.

10.3 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from them and shall be deemed to be deleted from them.

11. Jurisdiction

11.1 These terms and conditions in respect of your use of the websites of Swisher Hygiene UK Limited (www.swisher.co.uk) shall be governed by laws of England and Wales and you accordingly submit to the exclusive jurisdiction of the English courts.

12. Notices All notices shall be given by e-mail to Swisher at franchise@swisher.co.uk or to you at either the e-mail or postal address you provide during the registration process. Notice will be deemed received 24 hours after e-mail is sent or three (3) days after the date of posting.

9 Churchill Court, 33 Palmerston Road, Bournemouth, Dorset, BH1 4HN.
Telephone: 01202 30 33 33     Fax: 01202 30 32 32
Franchising Information: franchise@swisher.co.uk
Service and Products Information: service@swisher.co.uk

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