Swirrl Terms of Service
These Terms and Conditions (“Terms”) govern the use by the Account Holder (“You” or “you” or “Account Holder”) of the Services set out on the Website. Please read these Terms carefully and ensure that you have understood them before using the Services and/or the Website. By ticking the “I Accept” box or by using the Services and/or Website or any part thereof, you hereby warrant that you, or the organisation for which you are acting as an authorised representative understand and accept these Terms.
If you do not agree to any of these Terms or if you are not authorised to enter into legally binding contracts on behalf of your organisation, please cease use of the Services and/or the Website immediately.
General Conditions under Section A shall be applicable to the Account Holder. If you are a Subscriber in accordance with the terms herein, the Special Conditions for Subscribers under Section B shall apply in addition to the General Conditions.
If you are a Secondary User, all provisions hereunder making references to Secondary User(s) and/or which are interpreted to apply to Secondary User(s) shall apply to you once you tick the “I Accept” box.
IT IS HEREBY AGREED between the parties hereto as follows:
SECTION A: GENERAL CONDITIONS
1. DEFINITIONS
The following words and expressions shall have the following meanings:
“Charges” means the charge for the provision of the Chargeable Services and any other charges which is more particularly set out on the Website and/or the Order or as otherwise notified to you by us;
“Chargeable Services” means in respect of the Subscriber, the provision by Swirrl of a service permitting the Subscriber and its Secondary Users access to the Swirrl Software via the Portal or on the Website for the purposes of processing the Data and is more particularly set out on the Website and/or the Order;
“Account Holder” means either a Registered User of the Non Chargeable Services or a Subscriber of the Chargeable Services;
“Confidential Information” means (i) any information of whatever nature, including without limitation, the Intellectual Property Rights owned by and/or licensed to Swirrl, documents, letters, plans, diagrams, sketches, drawings, photographs, storyboards, scripts, designs, proposals, concepts, processes, models, specifications, data and any other material bearing or incorporating any information relating to us and/or our know-how, business, affairs, customers, suppliers and/or assets disclosed whether in writing, orally or by any other means by Swirrl or a third party acting on Swirrl’s behalf, whether before, after or on the date of these Terms; and (ii) analyses, compilations, studies, notes and other documents prepared by Swirrl which contain or otherwise reflect or are generated from any such information as is specified in paragraph (i);
“Contract” means the contract between you and Swirrl in respect of your use and access of the Services either as an Account Holder and which for the avoidance of doubt, incorporates these Terms;
“Data” means the data in text and/or graphic form owned by and/or licensed to the Account Holder;
“Error” means a cessation, interruption or degradation of the usual functionality of the Services;
“Intellectual Property Rights” means all intellectual property rights including without limitation, Confidential Information, patents, utility models, trade and service marks, trade names, domain names, right in designs, copyrights, moral rights, topography rights, rights in images, graphic rights, rights in databases, software rights (including in object and source code form), trade secrets and know-how and in all cases whether or not registered or registrable and including registrations and applications for registration of any of these and rights to apply for the same, and all rights and forms of protection of a similar nature or having equivalent or similar effect to any of these anywhere in the world;
“Network” means the electronic communications network used by Swirrl to provide you with access to and use of the Services, the Portal and the Website;
“Non Chargeable Services” means the services (or part thereof) accessible to the Registered User without charge or any other services deemed non chargeable by Swirrl which are made available via the Portal or on the Website;
“Order” means the online order for the provision of the Chargeable Services that has been submitted by the Subscriber and which is accepted by Swirrl;
“Personal Data” means all information relating to and/or identifying individuals as defined by the Data Protection Act 1998, which is processed by you using the Services;
“Portal” means the software and hardware infrastructure of which certain access, as described herein, is made available to the Account Holder via the Website or such other URL(s) as may be notified to the Account Holder by Swirrl from time to time;
“Privacy Statement” means such policy in relation to data protection and privacy available on the Website from time to time;
“Registered User” means an Account Holder who has registered its details with Swirrl and has access only to the Non Chargeable Services;
“Services” means the Chargeable Services, the Non Chargeable Services and any other services which may be made available by Swirrl to the Account Holder;
“Subscriber” means a Registered User who has paid the Charges in accordance with the terms herein and has access to the Chargeable Service set out in the Order;
“Swirrl” means Swirrl IT Limited, a company registered in Scotland and having its registered address at 20C Teith Road, Deanston Doune FK16 6AJ, United Kingdom;
“Swirrl Software” means the software provided to you as an Account Holder as part of the Services and which is more particularly described on the Website;
“Support” means support by email, as is more particularly described in clause 5;
“Use” means having access to the relevant and accessible Service as an Account Holder and “Using” shall be construed accordingly;
“Secondary User(s)” means a user who is invited by the Account Holder and who has received an email confirmation from Swirrl in respect of its Use of the Services in accordance with the terms and conditions hereof;
“Website” means www.swirrl.com; and
“You”, “you”, “Your” or “your” means the Account Holder as, where applicable, the Registered User or the Subscriber.
2. INFORMATION ABOUT US
2.1 The Website is owned and managed by Swirrl IT Limited and/or its nominated representatives.
2.2 Swirrl IT Limited may be contacted by writing to 20C Teith Road, Deanston, Doune FK16 6AJ, United Kingdom or by email at hello@swirrl.com.
3. REGISTRATION
3.1 To access the Services, you shall register with Swirrl as a Registered User by completing the registration form made available on the Website.
3.2 You may upgrade your status as a Registered User to a Subscriber and have access to the Chargeable Services by completing the Order, paying the Charges and complying with the additional provisions set out in Section B hereunder. The provisions in Section B shall be effective on the date Swirrl receives payments of the Charges therefor.
3.3 Upon completion of the registration form available on the Website, you shall receive an email confirmation from Swirrl of your registration. You shall be prompted to access the URL set out in that email and create an account with a username and password. You shall keep your password confidential and secure. Without prejudice to Swirrl’s other rights and remedies, Swirrl reserves the right to promptly disable your username and password and suspend your access to the Services as an Account Holder, in accordance with these Terms if Swirrl has any reason to believe that you have breached this clause 3.3.
3.4 You may, subject to these Terms,(i) invite third party users to register with Swirrl as Secondary Users of the Services; and/or (ii) grant “administrator access” to such Secondary Users.
3.5 Your Contract with Swirrl commences on:
3.5.1 where you are an Account Holder, the date of our confirmation email to you; or
3.5.2 where you are a Secondary User, upon your acceptance of the Terms and Conditions by ticking on the box marked “I Accept”; and
this Contract shall remain in force unless terminated in accordance with these Terms.
3.6 Notwithstanding the foregoing, Swirrl reserves the right to reject your registration as an Account Holder for any reason. For the avoidance of doubt, in the event Swirrl rejects your application as a Subscriber, your status as a Registered User shall not be affected and you may continue to enjoy the features and functionalities of the Non Chargeable Services as a Registered User.
3.7 You hereby warrant that the information provided to Swirrl are true, accurate and correct and you shall promptly inform Swirrl in the event of any changes to such information.
3.8 By Using the Services and the Portal, you warrant that you have the right, authority and capacity, in respect of your status as an Account Holder to enter into and be bound by these Terms.
4. SWIRRL’S OBLIGATIONS TO YOU
4.1 In consideration for your compliance with the Terms herein, Swirrl shall, subject to the provisions of the Terms, use its reasonable endeavours to provide the Services to you.
4.2 Swirrl’s ability to provide you with the Services may be impaired by conditions or circumstances that are beyond Swirrl’s control, including without limitation third party service providers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionalities of your IT system and the number of Registered Users and Subscribers logging onto the Website, Portal, server and Network at the same time.
4.3 The Network is not controlled by Swirrl and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner of the Network. Such circumstances may result in the Services being made temporarily unavailable. Swirrl shall use its reasonable endeavours to take such actions which it deems appropriate to minimise the disruptions caused by such circumstances but you agree that some such interruptions may not be avoidable.
4.4 Swirrl reserves the right to make changes to the Services, the Website, the Portal or part thereof from time to time provided that such changes shall have no material adverse effect on your use of the Services, the Website and/or the Portal as a Registered User or a Subscriber.
4.5 Swirrl reserves the right from time to time to monitor your Use of the Services, Portal and/or the Website.
5. SUPPORT AND MAINTENANCE
5.1 Subject to your strict compliance with the provisions herein, Swirrl shall provide the following support and maintenance:
5.1.1 advice by email in respect of your Use of the Services; and
5.1.2 the diagnosis of Errors in the Services and instructions as to the rectification of such Errors by email.
5.2 Swirrl shall use its reasonable endeavours to respond to your emails in accordance with clause 5.1 and provide a rectification to the Error.
5.3 Subject to clauses 5.1 and 5.2 and unless otherwise expressly set out to the contrary, Swirrl shall not provide any other support and maintenance including without limitation, the diagnosis and rectification of any Error resulting from:
5.3.1 the improper use, operation or neglect of the Services, Portal and/or Website;
5.3.2 the use of the Services, Portal and/or Website for a purpose for which it was not designed;
5.3.3 a fault in the equipment or in your or third party software or applications or any upgrade or new release in respect thereof;
5.3.4 loss or damage caused directly or indirectly by operator error or omission; or
5.3.5 rectification of lost or corrupted data arising for any reason.
5.4 All email contact with Swirrl should be sent to the following email address unless you are notified to the contrary by Swirrl: support@swirrl.com.
6. YOUR OBLIGATIONS TO SWIRRL
6.1 You hereby acknowledge and agree that due to the nature of the Services, Swirrl shall not be liable for (i) any delay or failure in providing the Secondary User(s) with access to the Services; or (ii) verifying whether the Data is correct and accurate or whether any passwords are sufficiently secure.
6.2 You shall procure that your Secondary Users shall not and you shall not, except as expressly permitted herein (i) modify, translate, create or attempt to create derivative copies of or copy of the Swirrl Software, Portal and/or the Website in whole or in part; and (ii) distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Swirrl Software or your right to use and access the Services.
6.3 You shall and shall procure that each Secondary User shall use the Services only for processing such Data in accordance with these Terms. .
6.4 You acknowledge and agree that you and the Secondary Users are solely responsible for procuring and paying for access to the Internet to enable them to Use and access the Services
6.5 You hereby represent, undertake and warrant that and shall procure that each Secondary User represents, undertakes and warrants that:
6.5.1 the Data does not and shall not contravene or breach any applicable law, regulations, code of practice or directive including, without limitation, investment or financial services legislation or consumer or trade regulation or data protection legislation or regulation and that the use of the Data in any way and for any reason shall not contravene any applicable law, regulation or industry standard; and
6.5.2 the Data does not and shall not infringe any Intellectual Property Rights or other rights of any party, nor are they in any way defamatory, libellous or slanderous, nor shall it cause injury to, invade the privacy of or otherwise violate the rights of any party;
6.5.3 the Services shall be used in accordance with the Terms herein;
6.5.4 no unauthorised access to and/or use is made of the Services and the usernames or passwords allocated to you and/or each Secondary User;
6.5.5 you and your Secondary Users shall be liable for all access to and Use of the Services (including without limitation any third party Use thereof), whether or not authorised by you or your Secondary User;
6.5.6 you and/or your Secondary Users shall inform Swirrl immediately if you and/or your Secondary Users have any reason to believe your passwords have become known to any individuals or party not authorised to use them or if the Services are being or are likely to be used in an unauthorised or illegal manner; and
6.5.7 the Services shall not be used to send menacing, offensive, abusive or annoying messages (commonly referred to as, but not exclusively, “spam” or Unsolicited Commercial email “UCE”).
6.6 You shall not, and shall not allow the Secondary Users or any other person to, violate or attempt to violate any aspect of the security of Swirrl’s system. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution. Examples of violations are:
6.6.1 accessing, copying, moving, transferring, deleting or in any way modifying data unlawfully or without consent;
6.6.2 attempting to probe, scan or test the vulnerability of any computer system or network or to breach security or authentication measures;
6.6.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", “denial of service attacks”, "mail bombing" or "crashing";
6.6.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
6.6.5 use of any automated systems including without limitation, the use of “robots”, “spiders” or any other offline readers which may in any way interfere and/or impact the operation and/or the provision of the Services; and
6.6.6 taking any action in order to obtain services to which you are not entitled.
6.7 You hereby fully indemnify and undertake to keep Swirrl fully indemnified (and its employees, directors and agents) forthwith on demand against any actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss howsoever arising (including reasonable legal costs and expenses) suffered or incurred by Swirrl as a result of a third party claim against Swirrl arising directly or indirectly out of any breach or alleged breach of any of these Terms.
6.8 In the event that you are in breach of this clause 6, Swirrl, without prejudice to any of its rights, may restrict and/or suspend the provision of the Services forthwith and without notice and shall not be liable for any such suspension thereof.
7. TERMINATION AND SUSPENSION
7.1 Unless otherwise expressly set out herein to the contrary, you may terminate your Use and access of the Services by ceasing any Use and/or access of the same.
7.2 Without prejudice to any of Swirrl’s other remedies, Swirrl reserves the right to forthwith restrict, suspend and/or terminate your access and use of the Services in whole or in part if:
7.2.1 the Network owner or third party service providers ceases to make the Network or any other third party services available to Swirrl;
7.2.2 Swirrl has reasons to believe that you or the Secondary Users fail to comply or breaches any of the provisions herein;
7.2.3 Swirrl has reasons to believe there has been fraudulent use, misuse or abuse of the Services;
7.2.4 Swirrl has reasons to believe that you or the Secondary Users have provided Swirrl with false, inaccurate or misleading information;
7.2.5 you have failed to rectify a material breach upon seven (7) days written notification by Swirrl; or
7.2.6 Swirrl for any reason is unable to provide you with the Service.
7.3 Upon termination of the Services in accordance with clause 7.1 or 7.2, you shall be entitled to request for the destruction and/or return of the Data. Notwithstanding the foregoing, Swirrl shall be entitled to destroy the Data thirty (30) days from the date of such termination.
7.4 For the avoidance of doubt, clauses 1, 7, 8, 9, 10, 11 and 12 shall survive the termination of these Terms and shall remain in full force and effect.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Swirrl has ownership and/or licence to use all right, title, and interest in and to the Services, Portal and the Website including all Intellectual Property Rights therein. All rights in and to the Services, Portal and/or Website not expressly granted to the Account Holder are reserved by Swirrl and/or its licensors.
8.2 Subject to your strict compliance with these Terms, Swirrl hereby grants you a non-exclusive, non-transferrable and terminable licence to use the Swirrl Software in accordance with the Services.
8.3 You shall not and shall procure that Secondary Users shall not:
8.3.1 modify, alter or use any registered or unregistered marks/logos owned by Swirrl; or
8.3.2 do anything which is or could be considered an infringement of any of the Intellectual Property Rights owned by and/or licensed to Swirrl.
8.4 You warrant that you have ownership and/or licence to use all right, title and interest in the Data.
8.5 You hereby grant Swirrl a non-exclusive, worldwide, royalty-free licence to use, copy, cache, store and display and reproduce your and your Secondary User’s Data (including all Intellectual Property Rights therein) for the purposes of Swirrl fulfilling its obligations herein.
8.6 Notwithstanding the foregoing, you hereby agree to indemnify Swirrl against all actions, claims proceedings, damages, costs and expenses arising from any actual or alleged infringement of Intellectual Property Rights in or breach of Swirrl’s use of the Data.
9. DATA PROTECTION
9.1 You hereby undertake to procure that your Use of the Services is compliant with all relevant statutory provisions, including but not limited to e-commerce, consumer protection, data protection, fraud and anti-money laundering regulations.
9.2 For Personal Data processed by you using Services, you hereby undertake to act strictly in accordance with the provisions of the Data Protection Act 1998.
9.3 You and Swirrl acknowledge and agree that you are the data controller and that Swirrl is a data processor in respect of the Data (as such terms are defined in the Data Protection Act 1998). You therefore confirm that you shall be solely responsible for ensuring that any data processing and security obligations under these Terms comply with applicable data protection law and anti-money laundering regulations. Swirrl shall only process Personal Data for the purposes of providing you with the Services. Swirrl has in place and will maintain for the duration of these Terms, such appropriate technical and organisational measures against the accidental, unauthorised or unlawful processing, destruction, or disclosure of Personal Data and adequate security programmes and procedures to ensure that unauthorised persons do not have access to any equipment used to process Personal Data.
9.4 You hereby indemnify Swirrl in full and on demand against all losses, liabilities, damages, costs, claims and expenses (including but not limited to legal costs) arising from or incurred by Swirrl as a result of your failure to comply with this clause 9.
10. CONFIDENTIALITY
10.1 Except for Confidential Information that is required to be disclosed by law or any regulatory authority, each party undertakes to the other that during the term of these terms and condition and thereafter it shall keep secret and shall not without the prior written consent of the other party disclose to any third party the Confidential Information relating to the business or affairs of such other party or any other information declared in writing by either party as being confidential.
10.2 Upon written request from either party, all Confidential Information shall be destroyed including all copies (other than backup copies of the Data which shall be destroyed in accordance with Swirrl’s cycle of backup processes) thereof or confirmed in writing that, save as required by law or regulation, such Confidential Information has been destroyed.
10.3 To the extent that it is necessary to implement the provisions of these terms and condition the recipient party may disclose confidential information to its employees, agents or sub-contractors as may reasonably be necessary provided that before any such disclosure the recipient party shall make such persons aware of their obligations of confidentiality under these terms and condition and shall at all times procure compliance with such obligations of confidentiality.
11. EXCLUSION OF WARRANTIES AND LIMITATIONS OF LIABILITIES
11.1 Swirrl cannot guarantee and does not warrant or represent that any specific results will be produced and/or achieved by your access and Use of the Services. To the maximum extent permitted by law, Swirrl hereby expressly excludes all representations, warranties, obligations and liabilities in connection with the Services, Portal and Website and, including but not limited to the warranties of merchantability, non-infringement of intellectual property rights, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
11.2 The Services, Portal and/or the Website may include facts, views, opinions, advice and recommendations from other Account Holders which are not endorsed by Swirrl. Swirrl shall to the maximum extent permitted by law exclude all liability on account of the accuracy, correctness, defamatory nature, completeness, timeliness or otherwise of all information published or made available to you through the Service, Portal and/or on the Website.
11.3 All information published on the Website is intended as general information only and does not constitute advice. Therefore, it must not be relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. Your use and reliance on such information shall be at your own risk and Swirrl shall not be liable whatsoever for any damages and loss which you may incur as a result of or in connection with your use and reliance of such information.
11.4 Subject to clause 11.7 and to the maximum extent permitted by law, Swirrl shall not be liable for any loss, injury, expenses, costs or damage caused in whole or part by, or resulting from:
11.4.1 any failure, delay, interruption or otherwise of the provision of the Service and/or access to the Portal or Website; or
11.4.2 any actions taken by you pursuant to the receipt of the Services;
11.5 Subject to clause 11.7, your sole remedy with respect to any claims arising out of these Terms shall be limited in the aggregate to the monies paid by you to Swirrl under these Terms during the twelve (12) month period preceding the event giving rise to such liability.
11.6 Subject to clause 11.7, in no event shall Swirrl be liable for:
11.6.1 any special, indirect, incidental or consequential damages, loss of profits, loss of goodwill and reputation, loss of business or business benefit, loss of anticipated savings, loss of management time, or the cost of procurement of substitute products or services by Account Holder even if advised of the possibility of such damages; and
11.6.2 any delay or failure to provide the Services or access to the Network, Portal or Website that is due to third party services providers, including without limitation, internet service providers, data centres, server hosting companies and telecommunications companies; and
11.6.3 any actions, demands or claims made against you, howsoever arising.
11.7 For the avoidance of doubt, nothing in these Terms shall be deemed to exclude, restrict or limit liability of either party (or their respective agents or sub-contractors) for death or personal injury resulting from their negligence or any liability for fraudulent misrepresentation.
11.8 Both parties accept that the limitations and exclusions set out in these Terms are reasonable having regard to all the circumstances.
12. GENERAL
12.1 You shall not assign these Terms, in whole or in part, without the prior written consent of Swirrl. Swirrl may assign these Terms without your consent.
12.2 You consent to Swirrl making references to your name in Swirrl’s client lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between you and Swirrl and that you have given your prior consent, such consent not to be unreasonably withheld or delayed.
12.3 These Terms, the Order and the performance thereof shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales.
12.4 You agree that due to the unique nature of the Services and Swirrl’s proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm Swirrl and monetary damages would be inadequate compensation. Therefore you agree that Swirrl shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
12.5 If any provision of these Terms or the Services, Portal or Website thereof is declared void, illegal, or unenforceable, the remainder of these Terms shall be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
12.6 Any failure by any party to these Terms to enforce at any time any term or condition under these Terms shall not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of these Terms.
12.7 Neither party shall be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
12.8 These Terms and the Order (i) constitute the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by you shall supersede these Terms.
12.9 Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Swirrl and such third parties shall not be entitled to enforce any term of these Agreement against Swirrl.
SECTION B: SPECIAL CONDITIONS FOR SUBSCRIBERS
B1. CHARGEABLE SERVICES
B1.1 In consideration for the payment of the Charges in accordance with the terms herein, Swirrl shall use its reasonable endeavours to provide you with the Chargeable Services in accordance with the Order.
B2. CHARGES
B2.1 You shall pay the Charges for such Chargeable Service in advance on a calendar monthly basis using your credit card, or any other acceptable method of payment, as set out on the Website. Swirrl reserves the right to withhold, suspend and/or cease provision of the Chargeable Service where payment has not been received.
B2.2 On payment of the relevant Charges in accordance with your Order, you hereby agree and consent to the immediate commencement of the performance of the Chargeable Service by Swirrl such that on payment of such relevant Charges, you can immediately access the Chargeable Service.
B2.3 Subject to the provisions of the Terms herein, you agree and acknowledge that due to the nature of the Chargeable Services, the Charges shall be non-refundable in any circumstances and for any reason and that any request for refund of such Charges shall be at Swirrl’s sole and absolute discretion.
B2.4 Swirrl shall be entitled to, from time to time vary the Charges by giving to the Subscriber not less than seven (7) days prior notice of such variation. If the Subscriber does not accept such variation, it shall be entitled to terminate the Chargeable Services or these Terms in accordance with the provisions herein. For the avoidance of doubt, the Subscriber’s continued use of the Chargeable Services shall be deemed to be the Subscriber’s acceptance of the variation to such Charges.
B3. ADDITIONAL WARRANTIES AND EXCLUSION OF LIABILITIES
B3.1 You hereby warrant that the Intellectual Property Rights in the Data (or part thereof) is owned by and/or licensed to you and you have the right to use the Intellectual Property Rights in the Data in respect of and in contemplation of the Chargeable Services herein.
B4. DOWNGRADING AND TERMINATION
B4.1 Subject to clause B4.2, you may downgrade your status as a Subscriber to a Registered User by (i) notifying Swirrl of the same in writing; and (ii) complying with any limitations imposed on your usage of the Services as a Registered User; or (iii) by terminating your account with Swirrl.
B4.2 If you have chosen to downgrade your status as a Subscriber to a Registered User or to terminate the Chargeable Services, you shall be entitled to receive a full refund of the Charges thereof subject always that (i) such termination is made within seven (7) days of the date of the Order; and (ii) you have not commenced any Use of the Chargeable Services.