Terms of Service

Overview

Welcome to SwingDialed. SwingDialed is a trading name of Bytewise Solutions Ltd, a company registered in England and Wales. In these Terms of Service, "we", "us" and "our" refer to Bytewise Solutions Ltd (trading as SwingDialed). We operate this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). SwingDialed is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced within them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://swingdialed.com/policies/privacy-policy). If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

Your statutory rights. Nothing in these Terms affects your statutory rights as a consumer under UK law, including the Consumer Rights Act 2015 and the Consumer Contracts Regulations 2013. Where any part of these Terms conflicts with those rights, your statutory rights take precedence.

Section 1 - Access and account

By agreeing to these Terms of Service, you confirm that you are at least 18 years old, or that you are old enough to form a binding contract and have the consent of a parent or guardian. You also give us your consent to allow any minor dependents in your care to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address and your billing, payment and delivery details. You confirm that all the information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign or license your account to anyone else.

Section 2 - Our products

We have made every effort to represent our products and services accurately in our online store. However, colours and product appearance may differ from how they appear on your screen, depending on the device you use and your settings. This does not affect your statutory rights.

All descriptions of products are subject to change at any time at our discretion. We reserve the right to discontinue any product at any time, and we may limit the quantities of any products we offer to any person or region on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before your order is accepted. A contract between you and us is formed only when we send you confirmation that your order has been accepted or dispatched. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order is accepted (this does not affect your 14-day right to cancel under our Returns & Refund Policy). If we do not accept, change or cancel an order, we will try to notify you using the email, billing address or phone number you provided.

Your purchases are subject to return or exchange in accordance with our Returns & Refund Policy (https://swingdialed.com/policies/refund-policy) and your statutory rights.

Section 4 - Prices and billing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation email. Unless stated otherwise, posted prices are in GBP. VAT is included in the price shown where applicable; delivery and any customs or import charges are shown separately at checkout.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to keep this information up to date so that we can complete your transactions and contact you where needed.

You confirm that the payment information you provide is true and complete, that you are authorised to use the payment method, and that you will pay the charges incurred at the posted prices, including delivery charges and any applicable taxes.

Section 5 - Shipping and delivery

All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our reasonable control, although this does not affect your statutory rights. For consumers, the goods remain our responsibility until they are delivered to you or to someone you have nominated to receive them, at which point risk passes to you.

Section 6 - Intellectual property

Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement of them, are owned by Bytewise Solutions Ltd, its affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws of the United Kingdom and other countries.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any material from the Services without our prior written consent. Nothing in these Terms grants you any licence or rights to our intellectual property except as expressly stated.

The SwingDialed and Bytewise Solutions names, logos, product and service names, designs and slogans are trademarks of Bytewise Solutions Ltd or its licensors, and you must not use them without our prior written permission. Shopify's name, logo and marks are trademarks of Shopify. All other names and marks on the Services are the trademarks of their respective owners.

Section 7 - Optional tools

You may be given access to third-party tools as part of the Services, which we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties or endorsement, and we have no liability arising from your use of optional third-party tools. Any use of these tools is at your own risk, and you should make sure you are familiar with the terms on which they are provided by the relevant third party.

We may offer new features through the Services in the future, and these will also be subject to these Terms of Service.

Section 8 - Third-party links

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party materials or websites, and if you choose to access them you do so at your own risk. Please review the third party's own policies before you engage in any transaction, and direct any complaints about third-party products or services to that third party.

Section 9 - Relationship with Shopify

SwingDialed is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Bytewise Solutions Ltd (trading as SwingDialed). By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and us, including any injury, damage or loss resulting from purchased products and services. You release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your purchases and transactions with us.

Section 10 - Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy (https://swingdialed.com/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your use of the Services in order to provide and improve them. Information you submit may be transmitted to and shared with Shopify and other parties who may be located in countries other than where you reside, in order to provide the Services to you. Please review our Privacy Policy for more detail on how we, Shopify and our partners use your personal information.

Section 11 - Feedback

If you submit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use.

You confirm that you own or have all necessary rights to your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms. We are under no obligation to keep Feedback confidential, to pay for it, or to respond to it. We may (but do not have to) monitor, edit or remove Feedback that we consider unlawful or objectionable. You are solely responsible for any Feedback you provide and its accuracy, and you must not impersonate anyone or misrepresent the origin of any Feedback.

Section 12 - Errors, inaccuracies and omissions

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, delivery charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders where any information was inaccurate, at any time and without prior notice (including after you have submitted your order). Where we cancel an order you have already paid for, we will refund you in full.

Section 13 - Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to breach any applicable laws or regulations; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, harm or defame any person; (e) to transmit false or misleading information; (f) to upload or send material that does not comply with these Terms; (g) to send unsolicited advertising or spam; (h) to impersonate any person or entity; or (i) to engage in any conduct that restricts anyone's use of the Services or that may harm us, Shopify or other users.

You also agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish or pretext the Services; (e) use any robot, scraper, data-gathering tool or automated means to access the Services; or (f) interfere with or circumvent the security features of the Services. We may suspend, disable or terminate your account at any time if we determine that you have breached these Terms.

Section 14 - Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable or cause the deployment of an Agent to access, use or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2 No Agent may access, use or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 14.4 below. In addition, no Agent may access, use or interact with the Services if we have requested that it refrain from doing so.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses and interacts with the Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access, use or interaction is from an Agent, such as by mimicking human behaviour or completing or circumventing CAPTCHAs or similar measures; (iii) respond truthfully to any prompt seeking to determine whether interactions come from a human or a computer; and (iv) not circumvent or avoid any measure intended to control whether and how Agents access or interact with the Services.

Section 15 - Termination

We may terminate this agreement or your access to the Services (or any part of them) at our discretion at any time, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Section 16 - Disclaimer of warranties

The information presented through the Services is provided for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by us, and subject to your statutory rights, the Services and all products offered through them are provided on an "as is" and "as available" basis without representations, warranties or conditions of any kind, whether express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in these Terms excludes or limits the statutory rights you have as a consumer, including your rights under the Consumer Rights Act 2015 that goods will be of satisfactory quality, fit for purpose and as described.

Section 17 - Limitation of liability

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law, including your statutory rights as a consumer.

Subject to the paragraph above, and to the fullest extent permitted by law, we and our partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, will not be liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, savings or data, arising from your use of the Services or any products purchased through them. This does not affect your right to a remedy where goods are faulty or not as described.

Section 18 - Indemnification

You agree to indemnify and hold harmless Bytewise Solutions Ltd, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms or the documents they incorporate by reference, (2) your breach of any law or the rights of a third party, or (3) your access to and use of the Services. We will notify you of any such claim, and we may control its defence and settlement, though we will not settle any claim that imposes non-monetary obligations on you without your consent (not to be unreasonably withheld).

Section 19 - Severability

If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable part will be severed from these Terms without affecting the validity of the remaining provisions.

Section 20 - Waiver and entire agreement

Our failure to exercise or enforce any right or provision of these Terms will not be a waiver of that right or provision. These Terms, together with any policies posted by us, form the entire agreement between you and us regarding your use of the Services, and supersede any prior agreements between us.

Section 21 - Assignment

You may not transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be void. We may transfer or assign these Terms and our rights and obligations without your consent, provided this does not reduce your rights.

Section 22 - Governing law

These Terms of Service, and any separate agreements under which we provide you Services, are governed by and construed in accordance with the laws of England and Wales. You and we agree that the courts of England and Wales will have jurisdiction over any dispute, although if you are a consumer resident elsewhere in the UK you may also bring proceedings in your local courts.

Section 23 - Headings

The headings in this agreement are for convenience only and do not affect the interpretation of these Terms.

Section 24 - Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.

Section 25 - Contact information

Questions about these Terms of Service should be sent to us at toby@byte-wise.uk.

Our details are:

Bytewise Solutions Ltd (trading as SwingDialed) Email: toby@byte-wise.uk Registered office: 50-54 Oswald Road, Scunthorpe, North Lincolnshire, DN15 7PQ, United Kingdom Company registration number: 15684935 VAT number: GB466881835 Phone: 01724 376125