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.
EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, we:
- 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
- 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.
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.
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.
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 email@example.com.
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 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.
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.
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.
NOTIFICATION OF CHANGES
You may contact the Company at the below address, or email firstname.lastname@example.org.
c/o 537 Frederick St., PO Box 23070 Kitchener RPO
Kitchener, ON N2B 3V1