Terms

swapz User Agreement

swapz is designed to create an open and enjoyable experience, but it also has limits and risks that you should understand before participating.

Please help us to keep swapz an enjoyable and positive experience. If you see a listing that violates the rules below, please let us know by contacting us through the swapz contact desk.

swapz' Rights To Terminate

You agree that swapz, in its sole discretion, may terminate any swap listing or use of the service immediately and without notice if (a) swapz believes that you have acted inconsistently with the spirit or the letter of this Terms of Service or (b) if swapz believes you have violated or tried to violate the rights of other users.

Your Conduct

You are solely responsible for the contents of your transmissions through the service. You must ensure that your participation in the swapping of items or services does not violate any applicable laws or regulations. By this we mean that you must check that you are not prohibited from doing so by any law or regulation. In particular, you may not swap property which requires a written contract, which is illegal, which requires a licence to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which requires you to obtain an export licence.

In the interests of animal welfare, live animals of any type may not be listed in any section of the swapz.co.uk website.

Adult XXX Pornographic items of any type may not be listed in any section the swapz.co.uk website.

Recreational drug paraphernalia including, but not limited to, seeds, smoking pipes and legal highs may not be listed in any section the swapz.co.uk website.

Weapons including, but not limited to, knives, firearms, air powered guns or rifles and coshes may not be listed in any section the swapz.co.uk website.

You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.

If either swapz or any user terminates a user’s membership, that user will continue to owe swapz any money that was owed to swapz prior to termination.

swapz prohibits the use of another internet service to send or post spam to drive visitors to your site hosted on or through the swapz system, whether or not the messages were originated by you, under your direction of a related or unrelated third party.

Listings that are for “free item” affiliate or pyramid schemes are considered spam and are banned from swapz. Any user found to be posting this type of listing may have their membership suspended or terminated as a direct result. Swapz reserves the right to administer a charge of £25 to any member for removing each post of this type.

Eligibility for Membership

Our services are available only to individuals who can form legally binding contracts under applicable law. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services.

swapz is only a Venue.

Our site acts as the venue for members to list and swap items. We are not involved in the actual transaction between swappers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of swappers to complete swaps. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between swapz and any User of the swapz service.

You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings or bids. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by You, (the "User") to swapz with the exception of credit card numbers, bank account numbers etc. No Resale or Unauthorised commercial use of the service. You agree not to make any unauthorised commercial use of the service without express written consent of swapz.

swapz makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information provided by swappers and obtained through the service. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, swapz.

We reserve the right to provide counterparties with information pertaining to a complaint or statement, written or oral, made against them by you or a third party acting with or without your consent. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release swapz (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

User agrees that swapz shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service.

No advice or information, whether oral or written, obtained by user from swapz or through or from the service shall create any warranty not expressly stated herein.

You Agree that use of the service is at user's sole risk. The service is provided on an "as is" and an "as available" basis.

You must reimburse swapz for any loss, cost or expense which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from your computer.

swapz shall not be responsible for any items obtained by swapping, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. swapz shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.

swapz assumes no liability for the content of the listings. The swap lister shall reimburse swapz for all losses swapz may suffer as a result of the listing, unless that loss is due to swapz' act or omission.

Point Swaps / Swap Points

Swap Points can be collected by swapping items for points on the site or by buying the number of points needed to then swap for an item. Swap Points may be awarded by the site at their discretion.

Swap Points have no cash value and can only be used to complete swapz as directed though the swapz website.

We reserve the right to terminate or disable, at our sole discretion, any access to the Point Swaps system if we reasonably believe that the member has violated or acted inconsistently with the rules of the Point Swaps system or these Terms and Conditions in any way. The Member understands and agrees that termination of membership will result in the cancellation and total loss of all of Member's Swap Points.

We shall be the sole determiner in cases of suspected abuse, fraud, or violation of our Terms and any decision relating to the termination of membership (including cancellation of Swap Points) shall be final and binding.

Points will only be transferable with our express consent and such consent will be at our sole discretion.

Emails & Communications

By accepting this User Agreement, you understand that the swapz website will send you emails when other users make offers against listings you have made. We shall also, periodically, send you our newsletter highlighting additions and changes to the site. You can chose to stop receiving these mails at any time by logging in to the swapz website, going to the My Account > My Preferences section and removing the ticks from either or both mailing options.

Modification to the service

We reserve the right to modify or discontinue the service if there is a change in the law or our operational requirements. We will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control if we give you at least 30 days notice. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can.

If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement.

Laws

These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.

Swapz Ltd, Summit House, 170 Finchley Road, London NW3 6BP