WELCOME TO SWAPSLIDE. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR SERVICES. BY ACCESSING OR USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW.
1. Our Terms
2. What is SwapSlide?
Swapslide is an innovative online marketplace and community that allows users to swap just about any item or service with other Swapslide users. A member can list a new or second-hand item and/or service that he or she is willing to give away in exchange for another user’s item or service. Once both parties agree with the item(s) or service(s) they are willing to exchange they will either arrange for a local pickup or delivery of the item by post at the agreed party’s expense.
You understand that as Swaplide is a peer-to-peer service we do not have possession of anything listed or swapped through the Services. SwapSlide does not review or approve any item or service posted, listed or uploaded to the Services. Swapslide users assume full responsibility for all items or services posted, listed or uploaded to their account through the Services.
Swapslide is not involved in the actual transaction between Swapslide users. The contract for the swap is directly between the two users.
3. Contact Information
If you have any queries about the Terms, please email us at: [firstname.lastname@example.org]
4. Your Account with SwapSlide
To use some of our Services you’ll need to create an account with SwapSlide. These are the rules you must follow in relation to opening and operating a SwapSlide account:
•You must be at least 18 years old to use or access our Services. Otherwise, you may only use our Services under the supervision of a parent or legal guardian.
• You have to provide accurate, up-to-date and truthful information. Do not provide false information or impersonate another person through your account.
• Choose your own name as your username. Registration of an account in a name other than the registrant’s, whether fictitious or real is expressly prohibited.
• You are solely responsible for all activity on your account. If you are registering as a business entity, you represent that you have the authority to agree to the Terms on behalf of the business.
• As you are solely responsible for any activity on your account, we recommend you keep your account password safe and secure.
• Your account is not transferable.
5. Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable and revocable license to use and access our Services, subject to the Terms and the following restrictions:
• By listing an item through the Services that you agree to participate in the free exchange of personal property and you confirm that you have the unrestricted right to transfer ownership of the item.
• You agree to deliver items or services to a user who has mutually ‘swapped’ an item/service with you through the Services.
• It is your responsibility to comply with all applicable laws and regulations and our policies applicable to your use of the Services. You agree that you will not violate any applicable laws or regulations or our policies in connection with your use of the Services or put us in violation of any applicable law or regulation.
• You agree that you will not list, deliver or swap any items that would violate any applicable laws in your country, including the infringement of any intellectual property rights such as copyrights, trademarks, and patents.
• You agree that you will not list or post any content that is abusive, threatening, inaccurate, libellous, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
• We reserve the right to prohibit, at our sole discretion, certain items or categories of items from being listed or swapped through the Services. We may specify such items or categories of items in these Terms or notify them to you after you list an item through the Service.
• You agree to only post content or listings in an appropriate category or areas of the Services.
• You agree not to distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes to other members of the SwapSlide community via chat or any other form of shared communication such as leaving SPAM on another user’s profile page.
• Except as otherwise permitted in these Terms, you must not reproduce, modify, display or otherwise make commercial use of any content from the Services.
• You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
• You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
• All graphics, videos, content, and code (whether in source or compiled form) which appear on the Services are the property of us or out licensors. The names SwapSlide and the phrases, logos and designs that we use in connection with our Services, are trademarks of SwapSlide.
• You agree not to solicit offline transactions or exchange any items directly for cash.
• You agree not to collect information about users, including email addresses, names, listings, etc. without their consent.
• Your suggestions and ideas can help us improve your experience and our Services. Any unsolicited ideas, feedback or other materials you submit to SwapSlide (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, worldwide, sub-licensable, perpetual license to use, distribute, copy, modify, develop and publish those ideas and materials for any purpose, without compensation to you.
• Account subscription charges. At present, an account for the Services is available to you at no charge. We may introduce a charge or subscription model in the future for some or all part of the Services. If we do introduce charges, you will be given prior reasonable notice and have the opportunity to accept or decline the charges. If you choose to use paid aspects of the Services, you agree to the applicable pricing and billing policies we notify to you.
• Transfer of ownership. By giving away or shipping an item and/or service through the Services, you are transferring all ownership rights that you may have in such item or service and forever waive any claims to it. Items or services given away through the Services become the sole property of the recipient with no obligation on the recipient to re-list the item or service.
• Copyright Complaints. Please contact us if you believe that any content appearing on the Serviced constitutes an infringement of your intellectual property rights.
• Delivery and Pickups. If you have agreed a swap with another SwapSlide user you agree to respond in a timely manner to all valid requests to deliver or pick-up the item. Failure to provide your item or service as agreed by both parties through the Services may lead to termination of your account and other action being taken against you. You and the other Swapslide user are responsible for agreeing any delivery expenses for the item or service owner. SwapSlide is not responsible for any delivery expenses and cannot refund or help recover delivery expenses for any reason, including lost or stolen items, non-existent or damaged items or non-delivery.
• Lost or Damaged items. It is the sole responsibility of you and the other Swapslide user to disclose complete and true information about the item or service listed on the Services. SwapSlide is not responsible for any item you order from another user that is described incorrectly or is lost or damaged in the delivery process or any service you order that is defective. Items lost or damaged in transit or that are described incorrectly, or services that are defective, are the sole responsibility of the member you order from.
• Viruses. SwapSlide cannot and does not guarantee or warrant that files available for downloading through the Services will be free of infection or viruses, worms, Trojans or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Services for the reconstruction of any lost data.
6. Your Content
Content that you list or post when accessing or using our Services is your content (“Your Content”). We do not make any claim to it. You agree that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you are not infringing or violating any third party’s rights by posting it.
Our Use of Your Content. By posting Your Content through our Services, you grant SwapSlide a license to use it. We don’t claim any ownership to Your Content. But we have your permission to use it to help SwapSlide operate and improve our Services and promote Swapslide. By posting Your Content through our Services, you grant SwapSlide a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote SwapSlide, or the Services in general, in any formats and through any medium.
Unauthorised Content. We will follow appropriate legal processes to remove any infringing content from the Services. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. We’ll notify you if that happens.
7. Suspension and Termination
Suspension or Termination By SwapSlide. We may suspend or terminate the account of any business or individual (and any related accounts) and their access to the Services at any time, for any reason, and without advance notice. If we do so you do have a legal or contractual right to continue to use or access the Services. SwapSlide may refuse service to anyone, at any time, for any reason. If you or SwapSlide terminate your account, you may lose any information associated with your account, including Your Content.
Termination of Your Account By You. You may terminate your account with SwapSlide at any time from your account settings. By Terminating your account you accept that we may remove Your Content that you posted through the Services prior to termination.
Our Right To Change or Discontinue the Services. We are always seeking to innovate and improve our Services. Accordingly, SwapSlide may change, suspend or discontinue all or any part of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
No activity. Your account may be deemed dormant by us when no items have been listed or swaps proposed within a 12 month period. Dormant accounts may be closed by us based on 12 months of inactivity.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
8. Warranties, Liability and Indemnity
Responsibility for Item Listings and Swaps. You understand that SwapSlide does not store or inspect any of the items or services sold through our Services. We provide the online venue only. Our users list and are solely responsible for providing the details of their items or services, including details such as name, price, condition, colour, model and year. You acknowledge that unintentional or accidental errors could happen when a user is listing an item or service through the Services. The items and services in our marketplace are swapped directly by independent parties, so SwapSlide cannot and does not make any warranties about their quality, safety or legality. You release SwapSlide from any claims related to items listed or swapped through our Services, including for defective items, misrepresentations by sellers or items that caused physical injury (like product liability claims).
Accessing Content On Our Services. You may come across materials that you find offensive or inappropriate while using the Services. We make no representations concerning any content posted by users through the Services. SwapSlide is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
Interaction with Other Swapslide Users. You can use the Services to interact with other individuals, either online or in person. However, you acknowledge that we have no responsibility for any communication, transaction, dispute or other interaction between you and any other member of the Services. You understand that we do not screen users of our Services. We are not responsible or liable for any loss or damage of any kind in connection with your interactions with other users or arising from any trading between you and other users.
Exclusions of Warranties. To the maximum extent permitted by law, our Services are provided without any kind of warranty (express or implied) and we expressly disclaim any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We try to keep the Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services and use the Services solely at your own risk. We do not guarantee that: (a) the Services will be free of viruses or other harmful materials; (b) the Services will be secure or available at any particular time or location; (c) the results of using the Services will meet your expectations; or (d) any defects or errors will be corrected.
Limitation of Liability. To the maximum extent permitted by law, neither SwapSlide, nor our affiliates and our and their respective directors, employees, contractors and agents, will be liable to you in contract, tort (including negligence) or otherwise for any lost profits, lost revenues, loss of data, business losses, lost opportunity, lost goodwill, lost reputation or business interruption or for any consequential or indirect losses or damages, arising out of or in connection with the Terms or your use of or your inability to use the Services.
Regardless of the previous paragraphs, if we are found to be liable, our total aggregate liability to you or to any third party is limited to €100.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
Nothing in these Terms limits or excludes our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
Indemnity. You agree to defend and indemnify us (including any of our affiliates and our and their respective directors, employees, contractors and agents) and hold us harmless from any legal claim or demand (including reasonable solicitor’s fees) that arises from your actions, inactions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
Both SwapSlide and you, our users, agree that each party is a separate and independent data controller in respect of the processing of personal information. For the purposes of EU law, each party is responsible as an independent data controller for the personal data which it processes in relation to our Services. However, in the event that the parties are found to be joint data controllers for the purposes of applicable data protection legislation in respect of personal information, and if SwapSlide gets sued or fined or otherwise incurs expenses because of something that you did as a joint data controller of this personal information, you are liable to, and indemnify SwapSlide.
10. Disputes with Other SwapSlide Users
If are in dispute with another user of SwapSlide’s Services or a third party, we recommend you first to contact the other party to try to resolve the dispute in an amicable way. SwapSlide has no obligation to become involved in or to resolve any disputes. You release SwapSlide from any claims, demands and damages arising out of disputes or disagreements with any other SwapSlide users or any third parties.
11. Updates and Changes to the Terms
From time to time we may update or change these Terms. If in our view a change is material, we will notify you by: (a) posting information on the changes through the Services; or (b) sending you an email or message about the changes. This will help you decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. It is your responsibility to review and become familiar with all changes. Your use or access of the Services following the changes constitutes your acceptance of the updated Terms.
12. A Few Final Terms
Governing Law and Forum. The formation, interpretation and operations of these Terms are governed by Irish law and the courts of Ireland have non-exclusive jurisdiction over all disputes arising out of or in connection with these Terms. If you are a consumer living in the European Union, you will benefit from any mandatory provisions of the law of the country in which you are resident. Any cause of action or claim you may have with respect to the Services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Nothing in these Terms, including in this paragraph, affects your rights as a consumer to rely on any mandatory provisions of local law.
Waiver and Severability. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
Assignment. We may assign any of our rights and obligations under the Terms to any party at any time without notice to you.
No Agency. These Terms don’t create any agency, partnership, joint venture, employment or franchisee relationship between you and us.