TERMS OF USE

In using this software solution/website, you are deemed to have read and agreed to the following terms of use: The following terminology applies to these Terms of Use and Privacy Policy [insert hyperlink] and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this software solution/website and accepting the Company’s terms and conditions. "The Company", “ourselves”, “our”, “we” and "us", refers to Guiding Star Communications and Consulting (the owner of Case Swarm) and Case Swarm (a software solution). “The Service” refers to Case Swarm, a software solution conveyed through a website, and its promotional website, all found via accessing www.caseswarm.com on the web through a web browser. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Canadian Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

CONFIDENTIALITY

Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by the Company will only be in connection with the provision of agreed services and products.

PAYMENT, REFUNDS, UPGRADING AND TERMS

  • A valid means to process payment via PayPal is required for paying accounts.
  • Payment processing is accessed through the Swarm Administrator’s “My Account” menu.
  • Payment of a Case Swarm account provides you with the benefit of the doubt, advancing you service before it is paid. Our purpose in using this method is to fairly bill you for the maximum number of users in your Swarm, and to reduce complexity for “adjustment billing”. We trust our users and value your patronage.
  • If you initially sign up for an account, and you don't cancel that account within 14 days, you will be sent an invoice on the last calendar day of the current month which will reflect the number of days, in the month, that you used the service after completion of the free trial period (a “pro-rated bill”). You are required to pay this invoice through PayPal, for services already rendered, within 10 days of account rendering, or service will be interrupted after that date.
  • If you cancel prior to the end of your trial period (14 days), you will not be charged, and an invoice will not be generated.
  • The Service is billed after service on a monthly basis and is non-refundable. There will be no refunds for partial months of service, or for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  • For any upgrade or downgrade in plan level, your credit card that you provide via PayPal will be charged the new rate on your next billing cycle, on your approval and processing of the provided invoice.
  • On cancellation of your account, payment adjustments are not made (i.e., pro-rated use by days of month). You will have access to the system during the entirety of your last month during the month of cancellation.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
  • All paying users from Canada are responsible for filling out their correct province and country so that they can be taxed appropriately.
  • All invoices and payment processing is conducted in Canadian dollars ($CDN).

CANCELLATION AND TERMINATION

  • You are solely responsible for properly canceling your account. To cancel your account, you must, as a Swarm Administrator (i.e., owner of your Case Swarm account), log in to caseswarm.com and click on the Profile menu button, then click the Close Account button from the side navigation bar, and follow the remaining instructions.
  • All of your content will be deleted from the service on the first day of the month following cancellation. This information cannot be recovered once your account is cancelled. We do not accept any liability for loss of content due to account cancellation.
  • If you cancel the service before the end of your current month, your cancellation will take effect on the day after the end of the current billing period (i.e., first day of the month following cancellation). You will not be charged for service in the month following the cancellation month. You will be charged the entire duration of the month of cancellation, and will have full access to the system until the last day of the cancellation month.
  • We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Case Swarm service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.

DISCLAIMER

EXCLUSIONS AND LIMITATIONS

The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we:

  1. exclude all representations and warranties relating to this software solution/website, and its contents or which are or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this software solution/website and/or our literature and promotional/marketing materials; and
  2. exclude all liability for damages arising out of or in connection with your use of this software solution/website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

AVAILABILITY

You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this software solution/website. We acknowledge your right to own the content posted by you and account holders for whom you pay, and you may use this content freely in other forms as so desired. However, redistribution or republication of any content that has not been created by you or by account holders for whom you pay is prohibited, including such by framing or other similar or any other means, without the our express written consent. We do not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best of our ability. By using this service, you thereby indemnify us, our employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

LOG FILES

We may use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within our Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

COOKIES

Like most interactive software solutions/websites, Case Swarm may use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

LINKS FROM THIS SOFTWARE SOLUTION/WEBSITE

We do not monitor or review the content of other party’s websites which are linked to from this software solution/website. Opinions expressed or material appearing on other party’s websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these other sites. We encourage our users to be aware when they leave our site and to read the privacy policies / statements of other sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. We will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

CONTENT WITHIN THIS SOFTWARE SOLUTION/WEBSITE

Some information on Case Swarm comes from you or from other users. Case Swarm is not responsible for that information. We do not monitor or review the content that is generated by Case Swarm users, except when prompted to by request of a Case Swarm member. Whether the information comes from us or from you, Case Swarm is not liable for any damages resulting from your use of the information in this software solution/website.

The Company, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the software solution/website.

When you place any materials or information at Case Swarm and make it available to other account members, you give Case Swarm an irrevocable, perpetual license to use that information. Case Swarm will consider requests to remove information that is incorrectly or inadvertently made available within the software solution/website on an individual basis; contact us at info@caseswarm.com.

For information and materials you place Case Swarm that is not publicly available, please see our privacy policy here for an explanation of how we use that information and your rights to change or delete it.

Please do not post any messages with misleading, false, or inappropriate language or statements. Case Swarm reserves the right to remove any offensive or fraudulent content at any time without your consent.

COPYRIGHT NOTICE

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the content within this software solution/website. The brand names and specific services of this Company featured on this web site are trademarked.

COMMUNICATION

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link in this software solution/website or via Company literature and promotional materials or via the Company’s stated telephone, Skype or mobile telephone numbers.

FORCE MAJEURE

Neither Party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms of use or of any agreement contained herein.

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any agreement or the failure of either Party to exercise any right or remedy to which it, she, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of this or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

GENERAL

The laws of Canada govern these terms and conditions. By accessing this software software/website you consent to these terms of use and to the exclusive jurisdiction of Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms of Use and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms of Use or of any agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms of Use shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.

NOTIFICATION OF CHANGES

The Company reserves the right to change these Terms of Use from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our web site 30 days prior to these changes taking effect. You are therefore advised to re-read this statement on a regular basis. These Terms of Use form part of the agreement between the Client and ourselves. Your accessing of this software solution/website and/or undertaking of an agreement indicates your understanding, agreement to and acceptance, of the full Terms of Use contained herein. Your statutory Consumer Rights are unaffected.

CONTACT

You may contact the Company at the below address, or email info@caseswarm.com.

Case Swarm

c/o 537 Frederick St., PO Box 23070 Kitchener RPO
Kitchener, ON N2B 3V1

Phone: 866-603-2766

© 2013, Guiding Star Communications and Consulting Inc. | All rights reserved.
Last published: 2/29/2016 8:38 AM