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No Sway - No Pay T&Cs

Eligibility and Offer Validity

  • This offer is valid only for plans purchased under "No Sway - No Pay" campaigns.

  • The child must be born within two years of purchasing the plan.

  • Only parents who are the purchasers of the plan can claim the refund.

 

Money Back Guarantee and Refund Process

  • A 100% refund is applicable if a child of the opposite gender, as per the selected plan, is conceived.

  • To initiate a refund, you must submit the child’s birth certificate, which displays the opposite gender and is issued under the plan purchaser’s name.

Educational Purpose and No Guaranteed Outcome

  • Our gender swaying plans are based on scientific research and are intended for educational purposes only.

  • These methods are designed to increase the chances but do not guarantee a specific outcome.

  • Gender Sway does not guarantee a specific gender result under any circumstances.

 

General Terms and Disclaimer of Liability

  • All standard terms and conditions for our products and services apply.

  • Disclaimer: The information provided is for general informational and educational purposes only, not medical advice. Use this information at your own risk. The information provided is suitable for the general population without underlying medical conditions. It is essential to understand that no method can guarantee the gender of a baby. Always consult with your healthcare professional before making lifestyle or dietary changes.

 

Acknowledgement

  • By purchasing a plan, you acknowledge and agree to these Terms and Conditions, as well as all other standard Terms and Conditions under Sway Co Pty Ltd  / Gender Sway.

Terms of Use

Terms of Use

Terms of Use for Gender Sway (A Brand of Sway Co Pty Ltd, ABN 65667022924)

 

Acceptance of Terms: By accessing and using the Gender Sway website, you, the user, accept and agree to be bound by these Terms of Use, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use the Services. The Services are provided by Gender Sway, a brand operated by Sway Co Pty Ltd ("the Company"), registered in Australia.

 

Intellectual Property Rights: All content, including text, graphics, images, and information, on the Gender Sway website is the property of the Company and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or transmit any content without the prior written permission of the Company.

User Conduct: You agree to use the Gender Sway website only for lawful purposes and in a manner that does not infringe on the rights of others or restrict or inhibit their use and enjoyment of the website. You may not engage in any activity that could damage or interfere with the proper functioning of the website.

Nutritional Advice & Gender Swaying Tips: The nutritional advice and gender swaying tips provided on our website are intended for educational purposes only, and are suitable for the general population without underlying medical conditions. They should not be considered as a substitute for professional medical advice, diagnosis, or treatment. Always consult your healthcare provider before making any changes to your diet, lifestyle, or healthcare routine. The advice is based on studies, including those quoted on our website.

No Guarantees: The Company does not guarantee the accuracy, adequacy, validity, reliability, availability, or completeness of the information provided on our website. We also do not guarantee the success of gender swaying or any specific results from using our services. Individual outcomes may vary based on factors such as background, dedication, desire, motivation, health, and genetic profile.

Personal Use and Non-Commercial Use Only: The provided food plans and any other materials or services offered by Gender Sway are intended for individual use only and are not allowed to be shared with others. Any further distribution, copying, or sharing of our materials will be prosecuted to the fullest extent of the law. Our services and materials are not intended for commercial use or resale.

Limitation of Liability: The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of our website or services, any content obtained from the website, or any unauthorized access, use, or alteration of your transmissions or content.

Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use of the website.

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the country in which the Company is registered, without regard to its conflict of law provisions. These terms apply to all users, independent of their jurisdiction, as we have clients around the world.

Changes to Terms of Use: The Company reserves the right to modify these Terms of Use at any time. It is your responsibility to review these Terms periodically for any changes. Your continued use of our website following the posting of changes to the Terms constitutes acceptance of those changes.

Contact Information: If you have any questions or concerns regarding these Terms of Use or our services, please contact us through the appropriate channels provided on our website (hello@gender-sway.com).

Disclaimer: The information provided on the Gender Sway website is for general informational and educational purposes only and not intended as medical advice. Use this information at your own risk. It is suitable for the general population without underlying medical conditions. No method can guarantee the gender of a baby. Always consult with your healthcare professional before making lifestyle or dietary changes.

Read Full Disclaimer here

Terms Of Use & 
GDPR Privacy Policy

Digital Item Policy

 

Please review the following policy regarding the use, sharing, and protection of the digital content you will receive.

  1. Digital Item Description:

    • The digital item you have purchased is a PDF (Portable Document Format) containing the specified content, such as a meal plan.

    • The PDF will be watermarked with unique identifiers to protect against unauthorized distribution.

  2. Usage Restrictions:

    • The purchased digital item is intended for personal use only and should not be shared, distributed, or resold to any third party.

    • You may use the digital item for your personal benefit, including viewing, printing, and following the instructions within the PDF.

  3. Watermark Protection:

    • The PDF will be watermarked with unique identifiers that are specific to your purchase.

    • Watermarking serves as a security measure to deter unauthorized sharing and helps us identify any misuse of the digital content.

  4. Intellectual Property Rights:

    • All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, remain with us as the content owner.

    • You are granted a non-exclusive, non-transferable license to use the digital item solely for personal use, as outlined in this policy.

  5. Prohibited Actions:

    • You are prohibited from removing, altering, or tampering with the watermark or any other identifying marks present on the digital item.

    • Unauthorized reproduction, distribution, or sharing of the digital item, in whole or in part, is strictly prohibited.

  6. Non-Refundable:

    • Due to the nature of digital items, all purchases are non-refundable once the digital content has been accessed or downloaded.

  7. Data Privacy:

    • We respect your privacy and handle your personal information in accordance with our Privacy Policy. The information collected during the purchase process is used solely for order fulfillment and will not be shared with third parties without your consent.

  8. Support:

    • For any questions or issues related to your purchased digital item, please contact our customer support team for assistance.

 

By purchasing and accessing the digital item, you agree to abide by this policy and acknowledge that any violation may result in legal action.

Digita Item Policy
Privacy Policy

PRIVACY POLICY

 

Sway Co Pty Ltd

 

1.We respect your privacy

(a) Sway Co Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. This policy sets out how we collect and treat your personal information.

(b) We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) and to the extent applicable, the EU General Data Protection Regulation (GDPR).

(c) "Personal information" is information we hold which is identifiable as being about you. This includes information such as your name, email address, identification number, or any other type of information that can reasonably identify an individual, either directly or indirectly.

(d) You may contact us in writing at 19 Owen Street, North Bondi, New South Wales, 2026 for further information about this Privacy Policy.

 

2.What personal information is collected

(a) Sway Co Pty Ltd will, from time to time, receive and store personal information you submit to our websites swaynatural.com and gender-swaying.com, provided to us directly or given to us in other forms.

(b) You may provide basic information such as your name, phone number, address and email address to enable us to send you information, provide updates and process your product or service order.

(c) We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.

(d) Additionally, we may also collect any other information you provide while interacting with us.

 

3.How we collect your personal information

(a) Sway Co Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we engage in business activities with you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.

(b) By providing us with personal information, you consent to the supply of that information subject to the terms of this Privacy Policy.

 

4.How we use your personal information

(a) Sway Co Pty Ltd may use personal information collected from you to provide you with information about our products or services. We may also make you aware of new and additional products, services and opportunities available to you.

(b) Sway Co Pty Ltd will use personal information only for the purposes that you consent to.

This may include to:

(i) provide you with products and services during the usual course of our business activities;

(ii) administer our business activities;

(iii) manage, research and develop our products and services;

(iv) provide you with information about our products and services;

(v) communicate with you by a variety of measures including, but not limited to, by telephone, email, SMS or mail; and

(vi) investigate any complaints. If you withhold your personal information, it may not be possible for us to provide you with our products and services or for you to fully access our website.

(c) We may disclose your personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, legal proceedings or in response to a law enforcement agency request.

(d) If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases.

 

5.Disclosure of your personal information

(a) Sway Co Pty Ltd may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

(b) If we do disclose your personal information to a third party, we will protect it in accordance with this privacy policy.

 

6.General Data Protection Regulation (GDPR) for the European Union (EU)

(a) Sway Co Pty Ltd will comply with the principles of data protection set out in the GDPR for the purpose of fairness, transparency and lawful data collection and use.

(b) We process your personal information as a Processor and/or to the extent that we are a Controller as defined in the GDPR.

(c) We must establish a lawful basis for processing your personal information. The legal basis for which we collect your personal information depends on the data that we collect and how we use it.

(d) We will only collect your personal information with your express consent for a specific purpose and any data collected will be to the extent necessary and not excessive for its purpose. We will keep your data safe and secure.

(e) We will also process your personal information if it is necessary for our legitimate interests, or to fulfil a contractual or legal obligation.

(f) We process your personal information if it is necessary to protect your life or in a medical situation, it is necessary to carry out a public function, a task of public interest or if the function has a clear basis in law.

(g) We do not collect or process any personal information from you that is considered "Sensitive Personal Information" under the GDPR, such as personal information relating to your sexual orientation or ethnic origin unless we have obtained your explicit consent, or if it is being collected subject to and in accordance with the GDPR.

(h) You must not provide us with your personal information if you are under the age of 16 without the consent of your parent or someone who has parental authority for you. We do not knowingly collect or process the personal information of children.

 

7.Your rights under the GDPR

(a) If you are an individual residing in the EU, you have certain rights as to how your personal information is obtained and used. Sway Co Pty Ltd complies with your rights under the GDPR as to how your personal information is used and controlled if you are an individual residing in the EU

(b) Except as otherwise provided in the GDPR, you have the following rights:

(i) to be informed how your personal information is being used;

(ii) access your personal information (we will provide you with a free copy of it);

(iii) to correct your personal information if it is inaccurate or incomplete;

(iv) to delete your personal information (also known as "the right to be forgotten");

(v) to restrict processing of your personal information;

(vi) to retain and reuse your personal information for your own purposes;

(vii) to object to your personal information being used; and

(viii) to object against automated decision making and profiling.

(c) Please contact us at any time to exercise your rights under the GDPR at the contact details in this Privacy Policy.

(d) We may ask you to verify your identity before acting on any of your requests.

 

8.Hosting and International Data Transfers

(a) Information that we collect may from time to time be stored, processed in or transferred between parties or sites located in countries outside of Australia. These may include, but are not limited to Australia.

(b) We and our other group companies have offices and/or facilities in Australia. Transfers to each of these countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Sway Co Pty Ltd's Data Protection Officer.

(c) The hosting facilities for our website are situated in Australia and worldwide through best practice online services, e.g. WIX. Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Sway Co Pty Ltd's Data Protection Officer.

(d) Our Suppliers and Contractors are situated in Australia and worldwide (through WIX and best practice online services). Transfers to each of these Countries will be protected by appropriate safeguards, these include one or more of the following: the use of standard data protection clauses adopted or approved by the European Commission which you can obtain from the European Commission Website; the use of binding corporate rules, a copy of which you can obtain from Sway Co Pty Ltd's Data Protection Officer.

(e) You acknowledge that personal data that you submit for publication through our websites swaynatural.com and gender-swaying.com or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

 

9.Security of your personal information

(a) Sway Co Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

(b) Where we employ data processors to process personal information on our behalf, we only do so on the basis that such data processors comply with the requirements under the GDPR and that have adequate technical measures in place to protect personal information against unauthorised use, loss and theft.

(c) The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

 

10.Access to your personal information

(a) You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth), and to the extent applicable the EU GDPR. If you would like a copy of the information which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at hello@swaynatural.com and hello@gender-swaying.com.(

b) We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act or any other applicable law.

 

11.Complaints about privacy

(a) If you have any complaints about our privacy practices, please feel free to send in details of your complaints to hello@swaynatural.com and hello@gender-swaying.com. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.

 

12.Changes to Privacy Policy

(a) Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.

 

13.Website

(a) When you visit our website

When you come to our website (www.swaynatural.com and www.gender-swaying.com), we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyze how people use our site, such that we can improve our service.

(b) Cookies

We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google AdWords. These ads may appear on this website or other websites you visit.

(c) Third party sites

Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Sway Co Pty Ltd is not responsible for the privacy practices of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.

 

14.Effective date This policy is effective from 14th April 2023.

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