Black Swan (PNG) Ltd (Black Swan)
Terms and Conditions
- In these Terms:
- Account means the account created by You on the Application for using the Services provided by Black Swan.
- Application means the mobile application “Black Swan Secure Transport” as updated by Black Swan from time to time.
- Service means the facilitation of secure VIP transportation through the Application or Site within the Independent State of Papua New Guinea.
- Site means the Application, the Black Swan website https://www.blackswanss.com/ and related sites, domains and systems operated by Black Swan.
- Black Swan means Black Swan (PNG) Ltd and any Related Bodies Corporate.
- You or Your, Yourself or User means each user of a Service.
- Regardless of Your means of using the Application / Site, these Terms apply. By using the Application / Site, You accept and agree to comply with these Terms.
- Black Swan reserves the right to make changes to the Terms at any time. The amended version will be made available through the Application / Site. If You continue to use Black Swan’s Application / Site after Black Swan changes its Terms of Conditions, You are deemed to accept them and agree to comply with them.
- If You do not agree to be bound by these Terms, or Black Swan’s amended Terms, do not use Black Swan’s Application / Site.
- If You have any questions about these Terms, please contact Black Swan via the contact details provided on its Application.
- Any provision of these Terms which are invalid or unenforceable in a particular jurisdiction may be read down or severed to the extent of the invalidity or unenforceability in that jurisdiction only. The invalidity or unenforceability of a provision of these Terms in one jurisdiction does not affect the enforceability of any other provision.
- No waiver of any term of the Terms, if any, is to be deemed a further or continuing waiver of such or any term of the Terms. Any failure to assert any right under the Terms by Black Swan shall not constitute a waiver of such right.
- These Terms are governed by the laws in force in the Independent State of Papua New Guinea and You irrevocably submit to the exclusive jurisdiction of the Courts sitting in the Independent State of Papua New Guinea.
- No partnership, joint venture, employment, or agency relationship exists between You and Black Swan as a result of these Terms, or Your use of any Service.
- The Terms represent the entire agreement between You and Black Swan regarding Your use of any Application / Site which You participate in.
- Black Swan may provide You with notice under these Terms using any reasonable means including email, SMS, MMS, text message or postings in an Application / Site.
- You must not register an account more than 1 (one) time. You must not impersonate or register an account for any person other than Yourself.
- Black Swan may request a form of identification to verify Your identity and/or your compliance with the Terms when registering an account, accessing Your account or otherwise using Black Swan’s Application / Site.
- Black Swan reserves the right in its sole discretion to suspend or terminate Your account or Your access to the Application / Site for any reason, including for breach or misuse as set out in these Terms.
- All proprietary rights in and relating to the Application / Site (including all intellectual property rights of any nature associated with the Application / Site) are owned by Black Swan and cannot be used in any way without Black Swan’s prior written consent. For the avoidance of doubt, no Service by Black Swan should be construed as granting any right of use in relation to any intellectual property including any logos, trademarks or banners of Black Swan without Black Swan’s express written consent.
- All material available in Black Swan’s Application / Site is copyrighted and access to copyrighted material should not be construed as granting any right of use with regard to such material without Black Swan’s express written consent.
- You represent and warrant that anything You post or transmit while using the Application / Site does not infringe the intellectual property rights of any third party.
Security of the Application / Site and information
- While Black Swan endeavours to take all due care in ensuring the privacy and integrity of the information You provide to it is secure, due to the inherent risks of transmitting and storing information over the internet or electronically, any information, access of the Application / Site or communications while utilising the Application / Site may be intercepted, monitored or altered when in transit or while stored on an Application / Site. As such, You agree and acknowledge that Black Swan does not warrant that such information, access or communication is secure and Black Swan disclaims all liability to You to the greatest extent possible pursuant to law should this occur.
- You acknowledge and agree that Black Swan is not liable for any interference with or damage to a User's mobile phone, computer, electronic device, software or data occurring in connection with or relating to any Application / Site.
- Black Swan may modify or discontinue any or all Application / Site or its Services without notice, and You acknowledge and agree that Black Swan is not liable to You or any third party for any direct or indirect loss or damage that may arise from this.
- Black Swan does not represent or warrant that a particular Application / Site will be secure or error-free, free from viruses, hackers or cyber attacks, and Black Swan is not liable to You or any third party for any direct or indirect loss or damage that may arise from this.
- If You wish to terminate Your account, follow the instructions as set out in the Application / Site.
- You acknowledge that Black Swan may terminate or suspend Your account at any time without notice for any reason at Black Swan’s discretion.
- After Your account is terminated, the agreement between Yourself and Black Swan will terminate, excluding those Terms capable of surviving termination which will continue to apply.
Breaches and Misuse of an Application / Site
- You agree not to use the Application / Site in a way that:
- breaches any applicable local, national, regional or international law or regulation;
- is unlawful, fraudulent, obscene, defamatory, malicious, indecent, abusive, threatening, harassing, offensive or inappropriate including the transmission of spam and junk communications;
- is false or misleading in any way;
- infringes the rights of any third party;
- harms or attempts to harm minors;
- transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- interferes with the normal and proper working of any Application / Site including by any device (including electronic devices), software, process (automated or otherwise) or other means;
- involves accessing, retrieving, scraping or indexing any part of any Application / Site using a device (including electronic devices), software, process (automated or otherwise) or other means including for the purpose of competing with Black Swan in any manner not expressly authorised by Black Swan;
- in Black Swan’s sole discretion deems to have imposed or is likely to impose an unreasonable or disproportionate burden on infrastructure through the undertaking of any action including but not limited to making excessive traffic demands, automated or not on the Application / Site;
- transmits information that You do not have a right to make available under a law or contractual obligation;
- transmits anything (including, but not limited to viruses, codes, files or programs) designed to interrupt, limit or destroy the functionality of the Application / Site or other electronic devices, including any software and hardware; or
- in the sole discretion of Black Swan, is unreasonable and/or for a purpose that is contrary to Black Swan’s subjective intent of its Service.
- If You, or a User on whose behalf You register (including a minor), misuses the Application / Site or Black Swan’s Service, Black Swan reserves the right to do any of the following at Black Swan’s sole discretion:
- undertake an investigation into Your activity and use of that or any other Application / Site or Service;
- immediately suspend, delete or terminate Your account, without refund;
- terminate every account You may hold in relation to that and any other Application / Site;
- prevent You from starting a new account in relation to an Application / Site;
- report the activity to relevant authorities; and
- take legal action against You.
Examples of misuse of the Service include, but are not limited to:
- breaching these Terms;
- using the Service to mislead, deceive, stalk, harass or otherwise intimidate any person, or to incite violence or injury;
- using the Service in an illegal manner or to commit an illegal act;
- breaching Black Swan’s intellectual property rights.
- Black Swan will determine, in Black Swan’s sole discretion, whether there has been a breach of these Terms.
- Any action Black Swan may or may not take against You does not affect Your responsibilities under the Terms.
- You represent and warrant to Black Swan that:
- You will comply with these Terms when using Black Swan’s Service;
- You will comply with any directions Black Swan makes to You from time to time in relation to Your use of its Application / Site and Service;
- You will use, at all times, Your best endeavours to keep Your username and password by which You access Your account secure and confidential; and
- You accept any and all liability for any unauthorised use of Your username and password by which You access Your account except where such liability arises from any negligence or omission of Black Swan.
Limitation of liability and indemnity
- You use Black Swan’s Application / Site and Service at Your own risk. Black Swan is not responsible for and accept no liability in relation to Your use of and conduct in connection with the Application / Site and Service in any circumstance.
- Black Swan reserves the right to change the path or location of its Site’s link or sub-domain, or redirect content contained within a link or subdomain as part of its Service from time to time and without prior notice to You. Black Swan may suspend any Service without notice to You in the case of system failure, maintenance or repair or any reason beyond its control.
- You agree to indemnify Black Swan, and its employees, agents and subcontractors for any loss, damage, cost or expense that it may suffer or incur as a result of, or in connection with Your use of the Application / Site and Service and or Your conduct in connection with any Application / Site and Service including without limitation any breach by You of these Terms.
- To the maximum extent permitted by law, Black Swan excludes all implied representations and warranties which but for these Terms might apply in relation to Your use of the Application / Site and Service. In particular, Black Swan does not make any representations or warranties that any Application / Site and Service will be secure, accurate, error free or uninterrupted. Nor does Black Swan make any representation or warranty about the likelihood of any outcomes of Your use of any Application / Site and Service.
- To the extent that Black Swan’s liability cannot be excluded by law, Black Swan’s maximum liability to You will be limited to the total amount paid by You (if any) for the disputed Service purchased by You through Your account or otherwise during Your use of the Service.
- In no circumstances will Black Swan be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from tort, contract or otherwise.
- If the whole or any part of a provision of these Terms is void, unenforceable or illegal in a jurisdiction, then:
- that part or provision is severed for that jurisdiction;
- the remainder of the Terms have full force and effect and the validity of enforceability of that provision in any other jurisdiction is not affected; and
- this clause has no effect if the severance alters the basic nature of the Terms or is contrary to public policy.