1.1 This website is owned and operated by Swift Co Pty Ltd (ACN 669 355 677) trading as 'Swift Notary' (“we”, “us”, “our”, “Swift Notary”). Swift Notary is a leading provider of Notary, Apostille, Authentication and Attestation services in Australia.

1.2 We are not a law firm and do not provide legal, financial, taxation or other advice. If you are unsure whether the Services made available by us are right for you or your circumstances, please seek independent legal or other professional advice.

2.1  The following meanings apply in these terms and conditions (“Terms of Use”).

2.2  “Services” refers to any product, service, website, application, platform, form, template, information, material, content, appointment, consultation and customer service (including email, chat and telephone communication channels) made available by Swift Notary.

2.3  "You” and “your” refers to any user of the Services.  

2.4  All other defined words in these Terms of Use have the meaning prescribed to them in these Terms of Use. 

3.1 These Terms of Use together with our Privacy Policy apply to your use of the Services. By accessing the Services you agreed to be bound by these Terms of Use.

3.2 Please read these Terms of Use carefully before accessing or using the Service. If you do not agree to or accept these Terms of Use, please do not access or use the Services. 

3.3 Whenever you access or use the Services you indicate that you have read, understood and accept these Terms of Use, together with our Privacy Policy, and that you agree to be bound by them.

3.4 Please contact us at support@swiftnotary.com.au if you have any questions in relation to these Terms of Use.  

4.1 As part of these Terms of Use, your use of the Services is also subject to our Privacy Policy.  

5.1 We may, in our sole discretion, refuse to offer our Services to any person or entity and we may change the eligibility criteria for the Services at any time. The Services we offer, and which are accepted by you, are for your use only and are not intended for the use or benefit of any third party.

6.1 If you are under 18 years of age, you cannot and must not use the Services. By using the Service, you represent and warrant to Swift Notary that you are over the age of 18 years. Should Swift Notary suffer any damage or other losses as a result of a transaction entered into by a minor, we reserve the right to seek compensation for such losses from the minor’s parents or guardians.

7.1 Swift Notary provides Notary Public services under the Public Notaries Act 1997 (NSW). We are not a law firm and we are not registered or regulated by the Law Society of New South Wales or any other law society or institute in any other State or Territory within Australia, or any other country.

7.2. The Services do not constitute legal, financial, taxation or other advice. Any reliance on, and use of, the information and material contained on or via the Services is at your own risk. 

7.3. No lawyer-client relationship is created between you and us in connection with your access to, and use, of the Services. Any information that you provide to us will not be subject to lawyer-client privilege. If you are unsure whether our notary services are suitable for your personal circumstances, we recommend that you seek legal advice.  

8.1 You provide us your data at your own risk and consent to have it processed by us and/or our third-party providers. We care about the privacy of our clients. You can view our Privacy Policy for more information.

8.2 You consent to have your personal data collected, used, stored, transferred to and processed by Swift Notary and/or our third party providers. We have implemented commercially reasonable technical and organisational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You agree that you provide your personal information and other data provided to Swift Notary at your own risk.

9.1 Except as expressly provided otherwise in these Terms of Use, all amounts paid on or via the Services are non-refundable.

9.2 We may provide a partial refund in exceptional circumstances at our own discretion. Where we provide a refund in these circumstances, we will refund the amounts you have paid less an administrative charge of $100.

9.3 Nothing in this section affects your statutory rights as an Australian consumer.

10.1 We do not recommend or endorse any third party goods, services or content appearing on, or via, the Services, nor imply any association with their owners or operators. Such third party references or links are provided for your information and convenience only. Your linking to or from these third party sites, or use of, or reliance on, such third party sites, products or services is at your own risk. We have no control over the contents, quality or integrity of those third party sites, products or services, and we accept no responsibility for them or for any loss or damage that may arise from your access to, and use of, them.

10.2 You must not create or maintain any link from another website to this website without our written consent. To request our written consent, please contact us at support@swiftnotary.com.au

11.1 You agree not to engage in any of the following prohibited activities:

a.    copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated "scraping";

b.    transmitting spam or other unsolicited email;

c.    attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;  

d.    taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

e.    uploading invalid data, viruses, worms, or other software agents through the Services;  

f.     collecting any personally identifiable information, including account names, from the Services;

g.    using the Services for any commercial solicitation purposes;

h.    impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

i.     interfering with the proper operation of the Services;

j.     accessing any content on or via the Services through any technology or means other than those provided or authorised by the Services; or

k.    bypassing the measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein.

11.2 You declare that the information and document/s you provide us are true and correct. You declare that you are aware it is a criminal offence under the Criminal Code Act 1995 (Cth) to provide a false document to DFAT.  

12.1. All information, materials, text, logos, graphics, images, icons, video, audio, forms, trademarks (whether registered or not), layout, control features, advertisements, arrangement, graphical user interface, look and feel, databases, applications, links, and software published or otherwise contained on or via the Services is our exclusive property and is protected by copyright, trade mark and other intellectual property laws.

13.1 To the maximum extent permitted by law, Swift Notary and its officers expressly disclaim all conditions, representations and warranties (whether express or implied, statutory or otherwise) in relation to the Services, including any implied warranty or guarantee of merchantability, fitness for a particular purpose or non-infringement. Nothing in this section affects your statutory rights as an Australian consumer.

13.2 The Services are provided on an “as is” and “as available” basis. Use of the Services is at your own risk. To the maximum extent permitted by law, Swift Notary and its officers, employees, directors, agents, partners, consultants, affiliates, suppliers or licensors (together "Officers") make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Services, and in particular do not represent, warrant or guarantee that:

a.    the Services:

i.        will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

ii.        will meet your requirements or expectations;

iii.        will be available at any particular time or location

iv.        are reliable, accurate, complete or up-to-date; and

v.        the servers that make it available are free of viruses or other harmful components;

b.    errors or defects will be corrected; or

c.    the documents provided by the Services will meet your requirements or those of any third party.

14.1 Swift Notary grants you a limited license. Subject to your compliance with these Terms of Use, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as designed and as set forth in these Terms of Use. Swift Notary reserves all rights not expressly granted herein. Swift Notary may terminate this license at any time for any reason or no reason.

15.1 To the maximum extent permitted by applicable law, in no event shall Swift Notary or its Officers be liable for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise) and for any loss or damage whether it be direct, indirect, punitive, incident, special, consequential, exemplary or other damages or loss, including without limitation damages for loss of profits, loss of goodwill, loss or corruption of data or other intangible losses arising directly or indirectly out of, or in connection with, these Terms of Use or the use of the Service by you or any other person.  

15.2 To the maximum extent permitted by applicable law, Swift Notary and its Officers expressly limit their liability for breach of any non-excludable condition or warranty / guarantee implied by virtue of any legislation to the amount you have paid to Swift Notary.  

15.3 You agree that your use of the Services is at your own discretion and risk. You agree to release Swift Notary and its Officers from any claim, demand or cause of action that you may have against any of them arising from these Terms of Use or the use of the Services by you or any other person. Swift Notary may plead this release as a bar and complete defence to any claims or proceedings.

15.4 To the maximum extent permitted by law, and without limiting any other provision of these Terms of Use, Swift Notary excludes liability for any delay in performing any of its obligations under these Terms of Use where such delay is caused by circumstances beyond the reasonable control of Swift Notary, and Swift Notary shall be entitled to a reasonable extension of time for the performance of such obligations.

15.5 To the maximum extent permitted by law, Swift Notary and its Officers assume no liability or responsibility for (1) any errors, mistakes, omissions or inaccuracies of content or information; (2) any personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Services; (3) any unauthorised access to or use of our servers and/or any and all personal information stored therein; (4) any interruption or cessation or transmission to or from the Services; (5) any bugs, viruses or the like that may be transmitted to or through the Services by any third party; or (6) any loss or damage incurred as a result of the use of any content or information posted, emailed, transmitted, or otherwise made available through the Services.  

16.1 Where Swift Notary provides delivery as part of the Service, Swift Notary is not responsible for any loss, cost, expense, claim or damage arising in relation to the delivery of the original document to Swift Notary or delivery of the completed / original document from Swift Notary.

16.2 You agree that for delivery of documents from you to Swift Notary, Swift Notary is not responsible for the safe custody of the document until it is delivered to us by the shipping carrier.
‍
16.3 You agree that for delivery of documents from Swift Notary to you, Swift Notary is not responsible for the document after it is received by the shipping carrier. Our responsibility ends when the document is received by the shipping carrier into their network.
‍
16.4 Where we provide delivery as part of the Service, the delivery does not include insurance for loss, damage, destruction or delay in delivery of the document. If insurance is required, you must specify this in the comments section of the booking platform at the time of booking. You agree that you are responsible for the cost of any insurance.

16.5 You agree that you are responsible for providing the correct shipping address in the booking platform, including any required VAT/TAX ID information.

17.1 Swift Notary acts as your agent when providing the Service to you.

17.2 You authorise and instruct Swift Notary to act on your behalf in obtaining, where applicable, a document from the Australian Securities and Investments Commission (ASIC) and/or from the Court, an Apostille or Authentication from the Department of Foreign Affairs and Trade (DFAT) and/or Attestation from the relevant Embassy. These services are supplied by the third party (i.e. ASIC, Court, DFAT, Embassy etc) to you.

17.3 Where Swift Notary incurs statutory and other costs on your behalf, including but not limited to DFAT fees, Court fees, Embassy fees and ASIC fees, you are responsible for these costs.

18.1 Without limiting any other remedies available to Swift Notary at law or in equity, Swift Notary reserves the right to, without notice temporarily or indefinitely suspend, or terminate, your access to Services, your Account or to refuse to provide any of the Services to you if:

a.   you breach any provision of these Terms of Use;

b.   Swift Notary is unable to verify or authenticate any information that you provide to us; or

c.   Swift Notary believes that your actions may cause damage and/or legal liability to Swift Notary, any of its staff, directors, consultants, customers, users, visitors, or suppliers or any other person; and

remove or block access to any information and/or materials (in whole or in part) that Swift Notary, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights, or these Terms of Use.

19.1 You indemnify and hold harmless Swift Notary and its Officers from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential loss or damages of every kind and nature suffered or incurred by any of them due to, arising out of, or in anyway related to (directly or indirectly): 

a.    any material or information that you transmit or otherwise make available through the Services;

b.    your use of, or connection to, the Services;

c.    your negligence or misconduct, breach of these Terms of Use or violation of any law or the rights of any person or third party;

d.    any claim arising from your use and/or access of any third party website; and

e.    any claim brought by any third party.

20.1 You consent to Swift Notary holding and storing any information provided by you in accessing or using our Services (“Stored Information”) for as long as we may require, in our discretion, to meet our legal obligations and/or enforce our rights.  

21.1 While we will always strive to ensure the Services we provide are operational, there are times when there could be unexpected temporary interruptions, including by way of example, maintenance, dealing with technical issues, testing, and the addition of updates to reflect changes to the law or regulatory requirements.

21.2 Swift Notary, reserves the right, at any time to modify or discontinue, either temporarily or permanently, any functions and features of the Services, without any liability to you.

22.1 If you believe that the Services contain any material that infringes upon any copyright that you hold or control you may send a notification of such alleged infringement to us in writing at support@swiftnotary.com.au. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will review the allegedly infringing material and take any action required.

23.1 If any provision of these Terms of Use is held invalid, unlawful or unenforceable to any extent, that provision will, to that extent only, be severed from the remaining provisions and shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

23.2 No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Swift Notary's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

24.1 These Terms of Use are governed in all respects by the laws of the state of New South Wales, Australia and each party submits to the exclusive jurisdiction of the courts of the state of New South Wales, Australia and the courts of appeal from them.

25.1 We reserve the right to change, update, or correct the Terms of Use or any information contained on or via the Services at any time without notice by posting via our website at www.swiftnotary.com.au amended Terms of Use. Your continued use of the Services at any time means that you accept and agree to the revised Terms of Use. If you do not accept these Terms of Use (as amended from time to time), you should stop accessing and using the Services immediately.

26.1 Swift Notary strives to provide the highest level of client services and we are always looking to enhance the Services we offer. If you have any questions, queries or feedback about Swift Notary or our Services please contact us at support@swiftnotary.com.au