| 1. |
Our service |
| Our website facilitates an exciting and convenient way to swap goods over the internet and is operated by iswap Limited (“the Operator”). We provide an online swapping facility vehicle through which users can swap products and services (‘the Services’). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
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| 2. |
Our role |
| Our site is a place for traders to swap goods. We do not have and never intend to have any contractual involvement in your transactions and at no stage do we swap, buy or sell or purport to swap, buy or sell any of the products displayed on our site. Any disputes between swappers are just that—we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or goods on your behalf and this is a feature of the relationship between you and us that you willingly accept. |
| 3. |
Registration |
| 3.1 |
You are required to register with us by completing the registration form on our registration page and submitting it to us. Only adults (ie those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract. |
| 3.2 |
On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion. |
| 4. |
Information you provide |
| 4.1 |
You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence to use any information you provide to us or other users of our services, for example, during the registration, listing or bidding process. |
| 4.2 |
Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be accurate and complete and all registration details shall contain your correct name, address, credit or debit card number and other requested details. |
| 5. |
Security |
| 5.1 | You are solely responsible in all respects for all use of and for protecting the confidentiality of any email verification number and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services. |
| 5.2 |
We use third party services to secure and protect your credit card information and assist your swapping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished shopping. |
| 6. |
Availability of site |
| While we will use all reasonable endeavours to make our Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect swapping.
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| 7. |
General rules governing swapping |
| 7.1 |
To use and rely on the Services we provide, all participants must understand their obligations to other users of our Services. |
| 7.2 |
If you make an offer to swap which is subsequently accepted by another swapper, you must complete the swap. |
| 7.3 |
With regard to returns and refunds, please read our Returns Policy. Your acceptance of these terms and conditions entitles us to assume you have read this Returns Policy. |
| 8 |
General rules governing listing and swapping |
| 8.1 |
In relation to all goods you swap or offer for swapping through the Services: |
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| 8.1.1 | you must be the absolute unencumbered legal owner with the right to sell those goods; and |
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| 8.1.2 | your swapping of the goods must not infringe any third party rights or be unlawful in any way and the goods must not be on our current prohibited items list. |
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| 8.2 |
You must list all of your items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’. Once an item becomes a Listed Item, you are making an irrevocable offer to swap. |
| 8.3 |
A Listed Item will remain listed on the Site until: |
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| 8.3.2 |
the swapper-specified listed time expires; or |
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| 8.3.3 |
we receive written notice via email from you that you wish to de-list it. |
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A Listed Item will be de-listed on receipt by us of written notice via email from you that you wish to de-list it, but we will retain the registration fee paid with respect to the item. |
| 9. |
Feedback |
| 9.1 |
You must not undermine the reliability of the feedback system. |
| 9.2 |
We may limit the number of listings you may place on our website and your other activities on our website based upon the level of your feedback. |
| 9.3 |
Feedback ratings are not designed for any purpose other than for facilitating swapping between iswap users, and you agree that you shall not market or export your iswap feedback rating in any venue other than our website. |
| 9.4 |
You must not import feedback from other websites to iswap because such feedback does not reflect your reputation as a user of our website. |
| 10. |
Privacy policy |
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We take privacy issues seriously. Our current privacy policy covers our use of any information you provide. In using our Services you acknowledge and agree to be bound by the terms of our Privacy Policy. |
| 11. |
Termination |
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The Operator has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you: |
| 11.1 |
act inconsistently and in breach of these terms and conditions; |
| 11.2 |
at any time violate or attempt to violate any rights of any other user of the Services or third party; |
| 11.3 |
are engaged in any fraudulent activity; or |
| 11.4 |
fail to make any payments due to us in accordance with these terms. |
| 12. |
Compliance with laws |
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You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services. |
| 13. |
General release |
| 13.1 |
As discussed, we act merely as an introductory service providing a forum allowing swappers to come together to swap items. |
| 13.2 |
Therefore we have no control whatsoever over the quality, legality or safety of any advertised items or of any other characteristics upon which a swapper may rely, the accuracy of any of the listings and the capacity of any swapper to transact. |
| 13.3 |
Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services. |
| 13.4 |
In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of our Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us. |
| 13.5 |
Your acceptance of these terms and conditions also acts as a general release of the Operator and any of its officers, directors, agents and employees from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website. |
| 13.6 |
In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. From time to time our site may contain technical inaccuracies or typographical errors. All liability of the Operator howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. |
| 13.7 |
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. |
| 14. |
Trade marks |
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All trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by the Operator in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights. |
| 15. |
Notices |
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Except as otherwise stated, any notices you wish to send to us should be e-mailed to [ ]. Any notices that we may wish to draw to your attention will be displayed on our website. |
| 16. |
Applicable law |
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Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United Kingdom and therefore shall be governed by and interpreted in accordance with English law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto. |
| 17. |
Events beyond our control |
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The Operator will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident. |
| 18. |
Invalidity |
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If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected. |
| 19. |
Entire agreement |
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This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. |
