1. Membership Eligibility
Swap-online’s services are available to individuals who can enter into legally binding contract under applicable law. The services are not available to persons under the age of 18 or to users who have been banned from the site. Persons under the age of 18 may only participate under the direct supervision and authority of their legal guardian. Banned members are not eligible to be refunded any portion of their membership fees.
2. Definition of Terms
In this User Agreement unless the context indicates otherwise the following expressions have the following meanings:
- "Swap-online" means swap-online.com.
- "Authority" means any government, regulator, authority or body (of any kind) exercising powers or rights conferred by legislation.
- "User" means each person who has registered to use the services Swap-online provides on the Website and a reference to a "Trader" or "trader" within the Swap-online website also means a User.
- "User's Obligations" means all obligations imposed on Users under the Swap-online Documents.
- "Swap-online Documents" means these Terms and Conditions, the Swap-online Privacy Policy and any other notices, terms and conditions posted on the Website by Swap-online.
- "Other User" means each person who is a registered User apart from You.
- "Transaction" means each and all of any discussions, exchanges, dealings agreements, arrangements and understandings between any persons by means of the Website.
- "You" means you (the User visiting the Website).
- "Website" means the website at www.swap-online.com.
3. What does Swap-online provide?
Swap-online provides an online service consisting of a venue which allows Users to swap and trade goods and services as well as a medium by which Users may exchange information and meet Other Users.
4. User provides the following warranties
Each User warrants:
- that the User has the power to enter into enforceable agreements
- that any information supplied by the User to Swap-online is and will be true and complete at all times and each User agrees to inform Swap-online of any changes to any information supplied by the User to Swap-online within 7 days of the change c. that the posting of any material to this Website by the User and the content of any material posted by the User may be lawfully posted by the User; and d. that all material posted to this Website by the User, including for the purpose of advertising or purchasing or bartering or swapping or offering services or accepting services, is true and correct and not inaccurate or misleading in any way
5. Obligation to observe proper protocols
A User must not take any action of any kind whatsoever, which interferes with the proper operation of the Website. A User must not copy or deal with or alter or modify any material on the Website except material posted to the Website by a User in accordance with these Terms.
6. Privacy
The privacy of each User is very important to Swap-online. Your personal information will never be sold or traded. Collection: When you register or enter information on our Swap-online, your personal information is collected. Cookies and other technology are used to keep track of your online interaction Swap-online.
Use: We use the information to provide the requested services and to help enforce our terms and conditions, to prevent fraud, and to keep the Website safe.
Disclosure: We disclose your information to facilitate your transactions on Swap-online. If required limited information will be shared with law enforcement and others to help keep Users and the Website safe.
7. Publication of Material
Upon registration as a User You will nominate a discrete password and nominate a "User Name". You must keep your password secret. You are totally responsible in every way for all material posted on the Website (and any other actions taken in respect of this Website) under, or by means of the use of, your User Name and your password. All material posted on the Website (and any other actions taken in respect of this Website) under, or by means of the use of, your User Name and your password may be recorded on this Website.
8. Fees
Swap-online will notify changes to fees fourteen (14) days before changes take effect. In the event that a User has been banned from the site for any reason, the membership fee will not be refunded.
9. Posting Material
Material may be posted by means of text, graphics and pictures. Users must post material in the category most appropriate to the goods or services the User is offering or is seeking to acquire. Users must not post any of the following material on the Website:
- advertising or spam
- any material that is illegal, defamatory, indecent, threatening, misleading or otherwise contains illegal content
- any program, virus, worm or similar matter that interferes with, or may interfere with the Website or its data or information in any way
- any contact details (including an email address) anywhere within the Website except where expressly permitted to do so
- any links/references to any other websites, anywhere within the Website except where expressly permitted, to do so.
6. Acknowledgements by, and Agreements of, Users
Each User acknowledges and agrees: Swap-online may at any time by notice posted on the Website change the Swap-online Documents and the User's Obligations with effect fourteen (14) days after the date of posting on the Website and if a User is not prepared to accept, and be bound by the changes the User may terminate its registration as a User; Swap-online does not offer any goods or services for itself but only offers a venue for the use of Users by which Users may swap and trade goods and services as well as a medium by which Users may exchange information in forums; Swap-online makes no representations or warranties:
i. with respect to its services or any of the goods and services offered by any User by means of the Website; or
ii. in respect of the bona fides of any User or of the identity of any User;
a. Swap-online may for the purpose of facilitating any transaction between You and Other Users disclose your identity and contact details
b. That without imposing any liability on Swap-online under these Terms or abrogating any other rights of Swap-online, Swap-online is not liable in any way for any matters outside of its direct control nor for the actions of You, Other Users or other persons
c. Swap-online makes no representations or warranties with respect to the capacity of any User to pay any amount to any Other User nor with respect to the truth of any statement, warranty or representation made by any User nor with respect to the value or quality or characteristics of any goods or services offered by any User;
d. Swap-online makes no representation or warranty concerning any representation or statement made by any User in relation to goods or services offered by any User and without limitation is not liable for material posted on the Website by You or Other Users
e. Swap-online does not accept liability for, and is not liable or responsible for, and will not be liable or responsible for, the actions of any User nor any breach by a User of the Terms nor any terms or conditions of any Transaction or failure on the part of any User to perform any Transaction or any part of a Transaction
f. Swap-online may, at any time in its discretion shut the Website down or suspend access to the Website for the purpose of improving, maintaining or altering it; and terminate the use of this Website on not less than 7 days' notice
g. In the event a User breaches any of the User's Obligations or does anything unlawful or misleading, Swap-online may terminate the provision of its services and do all such things as it considers appropriate to prevent your gaining access to or using the Website
h. Swap-online may in its discretion publish, (or cease to publish), reproduce, use, adapt and manipulate all material posted on the Website by a User
i. Swap-online has no liability for the actions of Other Users and, without limitation, no liability to You if any Other User accesses or downloads any material published by You
j. The User is responsible for all actions it takes in accessing, or in respect of, this Website and utilizing the services of Swap-online and, further, releases Swap-online from any liability whatsoever arising out of any act or omission of any Other User
k. The User will not to bring any action against Swap-online for the purpose of bringing or maintaining any claim against Swap-online based on any breach of any obligation, whether express or implied, on the part of any Other User
l. The User may not in relation to, or in exercising any rights under, the Website, do anything which is fraudulent or in breach of any law or the rights of any person and, without limitation, by posting any material on the Website, must not be in breach of any law or obligation or duty owed to any person or do anything which is defamatory or illegal or inappropriate
m. The User has determined to register on the Website by their own choice and accepts that they are doing so at their own risk and will not make any claim against Swap-online in respect of, or hold, or seek to hold, Swap-online responsible for, or liable for, the actions of Other Users nor for any warranties, representatives, promises or statements of Swap-online whether expressed or implied
n. Swap-online has no liability for any infringement of moral rights and You agree to indemnify Swap-online in respect of any claim for any infringement of moral rights
o. The User will not do anything which would cause any damage or interference to the Website;
p. The User will not do anything which may:
- be illegal; or
- render Swap-online liable to any other person or Authority; or
- render Swap-online liable for any breach of any law or obligation to any person; or
- may or will defame Swap-online or adversely affect the reputation of Swap-online; or
- in any way interfere with the conduct of Swap-online’s business
q. The User will honor every obligation under, and properly perform, every transaction in which they have participated
r. The User must not advertise any goods or services which Swap-online, at any time, stipulates, on the Website, must not be advertised or traded
s. The User must not advertise any Restricted Items or any Prohibited Items.
t. A User may, at their own discretion, lodge complaints about anything done or omitted to be done by any other User
u. The relationship between Swap-online and each User is that of the relationship between independent contractors
v. Covenants and agrees to indemnify Swap-online, and keep Swap-online indemnified, against any loss, damage, cost, charge or expense whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the User of the User's Obligations and the User will pay on demand, by Swap-online, to Swap-online any sums claimed by Swap-online pursuant to this indemnity
w. Swap-online shall not be liable, in any way, where You suffer any damage as a consequence of any matter beyond the control of Swap-onlinex. The User shall inform themselves of Swap-online’s fees before using Swap-online’s services.
7. Intellectual Property
The Copyright in these Terms and Conditions is held by Swap-online. No trade marks of Swap-online may be used by any other person. No intellectual property of Swap-online may be used by any other person.
User Agreement Updated June 21, 2006, all rights reserved