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Terms and Conditions

Welcome to Swopz Shop, an online community that encourages people to recycle, reuse, and repurpose unwanted things. Please read these terms and conditions carefully and make sure that you understand them before registering to Swopz Shop.

1.      Acceptance of Terms

Swopz Shop, an online resources for zero value item posts and swaps, and email and messaging services to support swaps (“the Service”), is subject to the following Terms of Use (“Terms”), which may be updated by Swopz Shop from time to time.

Swopz Shop will provide notice of significant changes to the Terms by posting notice on this page with a new date. By using the Service in any way, you are agreeing to comply with these Terms.

When using the Service, you agree to abide by our Swap Rules, which can be found here and may change from time to time. Should you object to any term or condition of these Terms, any Swap Rule, any subsequent modifications or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of Swopz Shop.

 

2.      Your account and password

You will need to register and create an account (“Account”) with the Service in order to access certain services available on the Website. If you register an Account, you will be asked to provide certain information (such as your email address) and to create a password, as part of our security procedures. You must treat such the password as confidential and you must not disclose it to any third party. You are responsible for any unauthorised use of your Account login details.

We have a Privacy Policy that outlines how we will keep any personal data that you include on your Account secure.

We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your Account login details, you must immediately notify us at hello@swopzshop.com.

 

3.      Content

You understand that all posts, messages, text, files, images, or other materials (“Content”) posted on the Service are the sole responsibility of the person who posted the content.

You are entirely responsible for all Content that you post, email or make available via the Service. You understand that Swopz Shop does not control and is not responsible for Content made available through the Service. You understand that any posts to the Service should not contain links to other websites or content that is offensive, indecent, inaccurate, or misleading.

You acknowledge that Swopz Shop does not pre-screen or approve Content, but that Swopz Shop reserve the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service for violating the letter or spirit of the Terms or for any other reason.

4.      Privacy and Information Disclosure

Swopz Shop has a Privacy Policy that explains how data is collected and used.

 

5.      Conduct

You agree not to post, email, or otherwise make available Content:

·       that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.

·       that is false, deceptive, misleading, deceitful, or misinformative.

·       that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

·       that constitutes or contains ‘affiliate marketing’, ‘link referral code’, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or unsolicited commercial advertisement.

·       that constitutes or contains any form of advertising or solicitation.

·       that includes links to commercial services or web sites.

·       that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law.

·       that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

·       that disrupts the normal function of the site.

·       that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

·       contact anyone who has asked not to be contacted.

·       harass anyone.

·       collect personal data about other users for commercial or unlawful purposes.

·       transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or any kind or nature.

·       use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – exception is made for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file.

·       repeatedly post the same or similar Content.

·       impose an unreasonable or disproportionately large load on our infrastructure.

·       attempt to gain unauthorized access to Swopz Shop computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.

6.      Termination of Service

You agree that Swopz Shop has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Swopz Shop believes that you have acted inconsistently with the letter or spirit of the Terms.

Further, you agree that Swopz Shop shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

7.      Availability of the Service

The Service can be accessed via computers, tablets and smart phones. The Service is designed to be compatible with Chrome, Internet Explorer, Firefox and Safari. You may need to update the software on your device from time to time in order to be able to access the Service. The Service will be available using the latest and previous versions of Windows and Apple’s operating systems.

You are responsible for making all arrangements necessary for you to have access to our Service.

We shall endeavour to provide constant, uninterrupted access to the Service, however, please note that:

·       we may suspend, withdraw, discontinue or change all or any part of the Service without notice;

·       the image and sound quality of the content on the Service may vary, whether due to the bandwidth available through and/or speed of your internet connection and telephone line;

·       the Service may not be uninterrupted, timely, secure or error-free; and

·       from time to time we may need to close the Service and suspend activity to carry out upgrade and/or maintenance.

8.      Dealing with Individuals

Your interactions with individuals found on or through the Service, including arrangement and delivery of items, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals.

You agree that Swopz Shop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the Service you understand and agree that Swopz Shop is under no obligation to become involved and Swopz Shop is not liable. However, if such an issue arises, you can contact info@swopzshop.com.

You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service.

 

9.      Intellectual property rights

Swopz Shop are the owners or licence holders of the Intellectual Property Rights to the Services. You acknowledge and agree that nothing in these Terms or in an Order shall be construed so as to transfer any Intellectual Property Rights in the Services to you.

Copying or reproducing the Service or any portion of the website to any other server or location for further reproduction or redistribution is prohibited.

10.  Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

·       we will attempt to contact you as soon as reasonably possible to notify you; and

·       our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

 

11.  Disclaimer of Warranties

You agree that the use of Swopz Shop and the Service is entirely at your own risk.

 

12.  Limitations of Liability

Under no circumstances shall Swopz Shop be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if Swopz Shop has been advised of the possibility of such damages), resulting from any aspect of your use of the Service, whether the damages arise from use or misuse of the Service, from an inability to use the Service, or the interruption, suspension, modification, alternation, or termination of the Service.

13.  Indemnity

You agree to indemnify and hold Swopz Shop, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14.  Communication

If you need to contact us please do so in writing by email to hello@swopzshop.com

 

Updated 18 June 2020