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Terms

Please read these Terms and Conditions carefully before using the swapbuzz.com website, the Swapbuzz app and/or any other aspect of the Swapbuzz business and/or service offering (collectively and/or individually, “Swapbuzz”) which is operated by Swapbuzz Limited which is registered at 123 Riverside Close, London E5 9SS (the “Company”). By using Swapbuzz, you agree to be bound by these Terms and Conditions, together with any other terms, conditions and restrictions specifically listed anywhere on or by Swapbuzz, including our Privacy Policy.

Use of Swapbuzz

Swapbuzz is provided to you for your use subject to these Terms and Conditions. It allows you to post, view and/or take actions on items (tangible or not), comments, opinions, images and other material (collectively and individually “Content”) on Swapbuzz. When you submit Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights you have in the Content, in any media known now or in the future.

While using Swapbuzz, you will not:

  • post Content in inappropriate categories or areas on our sites and services
  • infringe any laws, third party rights or our policies, such as the prohibited and restricted items policies and in addition to this general Swapbuzz condition, will not infringe any laws local to you regarding what services, products and/or other items can be posted/offered
  • use Swapbuzz if you are not able to form legally binding contracts or are suspended from using Swapbuzz
  • fail to deliver payment and/or items in exchange for items purchased, sold, swapped and/or exchanged/traded in any way by you, unless the other party has materially changed the item's description after you bid, a clear typographical error is made or you cannot authenticate the other party’s identity
  • fail to deliver and/or make available items purchased from, swapped with or agreed for pickup from you, unless the other party fails to meet the posted terms or you cannot authenticate their identity
  • manipulate the price of any item or interfere with other users' listings
  • circumvent or manipulate our fee structure, the billing process, or fees owed to Swapbuzz
  • post false, inaccurate, misleading, defamatory or offensive Content (including personal information)
  • take any action that may undermine the ratings systems (such as displaying, importing or exporting information or using it for purposes unrelated to Swapbuzz)
  • transfer your Swapbuzz account to another party without our consent
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes
  • distribute viruses or any other technologies that may harm Swapbuzz or the interests or property of Swapbuzz users
  • export or re-export any Swapbuzz tools except in compliance with the export control laws of any relevant jurisdictions
  • copy, modify or distribute rights or content from Swapbuzz or Swapbuzz's copyrights and trademarks
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • harvest or otherwise collect any other information from Swapbuzz without first obtaining its explicit, written consent.

For the avoidance of doubt, Swapbuzz is available to the general population and as such should be assumed to be accessible by individuals of all ages. For that reason we strongly encourage you to be mindful of all Content that you post and accept that Swapbuzz has sole discretion over what it deems appropriate or not and has absolute right to withhold and/or remove Content that it deems inappropriate without giving any notice (prior or otherwise).

All Content whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. The Company does not monitor or endorse all/any of your Content and explicitly disclaims responsibility for your Content to the fullest extent permitted by law. In submitting any content in any form to the site you confirm that you have the rights to do so, are not in breach of any copyright laws in doing so and indemnify The Company to the fullest extent under any and all applicable laws against any claims relating to your submissions however so arising.

In connection with your use of Swapbuzz, you agree that you will not:

  • use Swapbuzz to make any false, fraudulent or misleading statements
  • post or transmit any unlawful, offensive, abusive, libellous, defamatory, obscene, indecent, inflammatory, racial, violent, discriminating, threatening, pornographic or profane material, or otherwise objectionable material that may invade another's right of privacy or publicity, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or applicable industry code or practice
  • make requests for and commit criminal offences, or contribute to them by using Swapbuzz. You must not provide instructions for committing criminal offences
  • impersonate any person or entity, including but not limited to, any of the businesses or their employees on Swapbuzz, or falsely state or otherwise misrepresent your affiliation with a business, person or entity
  • participate in or submit material that could be reasonably construed as cyber-bullying
  • solicit business or to enter into any legally binding contract or agreement or for any other purpose that is unlawful or prohibited by these Terms and Conditions.

For the avoidance of doubt, please carefully consider the effect of any of the above clauses (and any others herein) if you submit any material relating to specific individuals, especially when addressing any aspect outside of their professional or functional capacity. Please consider other people's privacy and do not take any actions that could reasonably be construed to give away a specific individual's Personally Identifiable Information (“PII”) unless that individual explicitly permits you to do so in a verifiable, lawful and non-coerced manner. See our Privacy Policy for more detail about PII.

The Company reserves the right at its discretion to reject, refuse to post or remove any Content, opinions, comments, photos or text or files that breach the obligations laid out in these Terms. The Company further reserves the right to terminate or restrict access to your account, at any time and without advance notice, liability, or obligation to repay to any portion of paid fees, if the account is used to upload material that breaches the obligations laid out in these Terms. The Company reserves the right to prevent you re-registering on and/or using some or all of Swapbuzz and to pass on the details we hold on any individual that is believed to have committed an illegal act to the police and any other relevant organisation or individual. The Company reserves the right to delete Content if legally required to do so.

You agree that the material downloaded or otherwise accessed through the use of Swapbuzz is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage and/or any resulting loss even if we have been advised of the possibility of any such damage.

You must not attempt to interfere with the proper working of Swapbuzz. You may not circumvent or attempt to circumvent any of its various security systems by 'cracking', 'hacking' or otherwise. We will co-operate with the investigations of any law enforcement or other relevant authority regarding the suspected or otherwise criminal activity or the violation of systems or networks.

You indemnify us against any claim, threatened or made against us, by anyone other than you, arising as a result of our providing Swapbuzz.

Dealing on Swapbuzz and Limitation of Liability

When you initiate or participate in giving away, exchanging, buying or selling one or more items with another party (“Dealing” or "Deals"), you accept that this comes with some inherent risks, including Dealing with underage or fraudulent persons. You will not hold the Company responsible for other users' Content, actions or inactions, items they list or their destruction of allegedly fake items. The Company is not involved in the actual transaction between buyers and sellers and as such has no control over and does not guarantee the quality, safety or legality of items listed, the truth or accuracy of users' content or listings, the ability of third parties to trade or give away those items, the ability of third parties to pay for and/or have the means to pick up items from you or that a third party will actually complete a transaction or return an item.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other user and are aware of any laws relevant to you. If another user breaches any obligation to you, you – not the Company – are responsible for enforcing any rights that you may have.

You alone, and not the Company, are responsible for ensuring that your listing, Dealing, bidding, selling and any other activities conducted on our site is lawful. You must ensure that you comply with all applicable laws in all relevant countries. You must also ensure that you strictly comply with these Terms and the policies that form part of the Terms.

We do not necessarily take ownership of any items at any time and do not transfer legal ownership of items from one party to another. Further, we cannot guarantee continuous or secure access to the Swapbuzz services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Swapbuzz services.

To the extent that the Company is able to limit the remedies available under this Agreement, the Company expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

If you have a dispute with one or more users, you release the Company (and its officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Without limiting other remedies available to the Company at law, in equity or under these Terms, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  • you have, or we believe that you have, breached these Terms in any way;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action that we take, in relation to your membership or your account other than those that are already provided to you by the Company.

Prohibited and restricted items

You are not permitted to list, bid on, exchange, give away or in any way enter into any kind of Dealing activity on any of the following item types:

  • live animals
  • animal parts in any form (examples include mounted specimens, certain medications & therapies and any ivory products) with the exception of leather goods where the leather is derived from domesticated, ethically- and sustainably-reared livestock from non-intensive farms
  • items that have restrictions on being traded away. Examples include objects that cannot leave a country’s borders in the case of cross-country Dealings
  • embargoed goods and goods from prohibited countries
  • drugs or drug-like substances
  • firearms and weapons of any kind
  • hazardous, restricted or regulated materials. Examples include fireworks, refrigerants and chemicals
  • human parts and remains
  • personal information and mailing lists
  • adults only material, products and services
  • items that may be reasonably considered to have a high probability of being linked to terrorism, human trafficking or other illegal acts
  • offensive material such as ethnically or racially offensive material or Nazi memorabilia
  • prescription drugs and any other prescription-only products or services
  • stolen property and property with removed serial numbers
  • any other items (products or services) that are illegal in your jurisdiction or that of the third party with whom you are participating in a sale, purchase, exchange or other form of transaction.

The Company reserves the right to remove - without prior notice or redress - any Content that contravenes the above policy and – where applicable – pass on the relevant party’s/parties/ details to the appropriate authorities.

Ownership

No Content or any other aspect or part of Swapbuzz may be copied, reproduced, distributed, collated, aggregated or in any way collected by any third party individual, business or other entity, in whole or in part, without the prior written consent of the Company or its authorised legal representatives.

Disclaimer

The items offered by you and/or others, Deals, ratings, statements, comments, scores, images and all other descriptions and/or expressions of opinion by way of words, images or any other communication method that are contained or displayed on Swapbuzz are those of the individual, business or other entity that submitted them and do not represent the views of The Company, its employees, affiliates or agents. No responsibility is taken by The Company, its employees, affiliates or agents for any third party material published on the website that is subsequently found to be incorrect or defamatory. To the maximum extent permitted by law, The Company expressly excludes liability arising from any third party's material published on Swapbuzz.

Modifications and alterations to Swapbuzz

The Company reserves the right to make changes, additions or corrections, alter, suspend or discontinue any aspect of Swapbuzz, including the Content or services or products available through it, these Terms and Conditions and our Privacy Statement, which is available on Swapbuzz. Unless explicitly stated to the contrary, any new features including new content, our provision of new products or services, or resources will be effective immediately on Swapbuzz. It is your responsibility to make sure that you are aware of any such modifications, additions or changes. Thereafter, if you carry on to access Swapbuzz, you will be deemed to have accepted the changes.

Availability of Swapbuzz

Swapbuzz may not be continuously available due to maintenance, repairs, computer problems, disruption in Internet service and/or other unforeseen circumstances. In all such cases you indemnify the Company from any and all losses you or your related parties incur directly or indirectly as a result of non-availability.

Fees and Services

You may be charged fees for using some features on Swapbuzz (the “Fees”). When you use a feature that has Fees, you have an opportunity to review and accept the Fees that you will be charged. Fees may change from time to time. It is your responsibility to ensure you are cognizant of the Fees that will apply to your particular circumstances and in continuing with a Swapbuzz feature/process having been notified of applicable Fees, you will have been deemed to have been aware of and accepted those Fees. We may choose to temporarily change Fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on Swapbuzz but cannot be relied upon to represent an ongoing Fee level.

Unless otherwise stated, all Fees are quoted in the currency of the country that applies based on the activity to which the Fees apply. This usually means the country in which your Deal is proposed, agreed or completed but can also mean the country in which you registered to use the app, the country in which you are using the app at any given time or another currency that is most relevant to a specific action you are taking. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect Fees owed using other collection mechanisms (this includes – but is not limited to - charging other payment methods on file with us, retaining collection agencies and legal counsel).

Refunds and cancellations

Once a Fee has been charged, unless otherwise stated, you are not able to claim a refund even if the Deal struck through Dealing with the third party is cancelled by either party.

Tax policy

Without limitation, you are responsible for any and all taxes associated with your Dealing activity on Swapbuzz, based on all applicable laws. There may be legal implications, fees, and tax obligations associated with using Swapbuzz. Remember that it's your responsibility to understand and comply with relevant laws and regulations, and that you have to pay relevant fees and taxes.

Swapbuzz is not able to provide tax advice, nor is it responsible in any way for the collection of taxes that may become due on any of your transactions.

We encourage you to contact a tax professional with relevant jurisdictional experience with any and all tax-related questions.

Availability of Swapbuzz

Swapbuzz may not be continuously available due to maintenance, repairs, computer problems, disruption in Internet service and/or other unforeseen circumstances. In all such cases you indemnify the Company from any and all losses you or your related parties incur directly or indirectly as a result of non-availability.

Listing Conditions

By listing an item on Swapbuzz, you agree to pay any applicable fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • when you list an item on Swapbuzz, your listing will be posted on Swapbuzz
  • your listing may not be immediately searchable in any way for several hours and the Company cannot guarantee exact listing start times and durations
  • where your listing appears in search and browse results may be based on certain factors including its physical location, listing format, title, bidding activity, end time, keywords, price and other factors.

Competitions & Prize Draws

From time to time, the Company may run competitions and free prize draws on Swapbuzz. These are subject to additional terms that will be made available at the time of such competitions and/or prize draws.

Advertisements & Sponsorship

Swapbuzz may contain advertising and sponsorship and other material from third parties that are beyond the Company's control. Those third parties are responsible for ensuring that material submitted for inclusion on Swapbuzz complies with all relevant laws and regulations. The Company will not be responsible for any error or inaccuracy in any third party material, nor does the Company endorse any third parties whose material appears on Swapbuzz.

Swapbuzz may contain links to other sites that are also outside the Company's control and are not covered by these Terms and Conditions. The Company is not be liable for the content of any third party websites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship on those sites. The Company does not endorse any third party sites that have links from Swapbuzz. If you access those third party sites, you do so entirely at your own risk.

Intellectual Property Rights

Unless otherwise stated, any intellectual property rights arising in respect of Swapbuzz's design, text, graphics, use of trademarks, its selection and arrangement, software, functionality, processes and all other material on or in this Site (the "Delivered Content") belong to the Company and/or its licensors. Any use of such intellectual property rights or software or any reproduction of the Delivered Content is strictly prohibited except where expressly allowed under these Terms. You may print individual pages of content on paper (but not photocopy them) and may electronically store them on one individual machine (but not on a server or any other storage device connected to a network) only for the purposes of making use of our service, but, unless you are using the Company's proprietary functionality provided on Swapbuzz, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from Swapbuzz including but not limited to text, graphics, video, messages, code and/or software without prior written consent from the Company.

Swapbuzz, its logo and all its variants are the sole copyright of the Company.

In relation to any materials, in whatever format or media, you post or otherwise provide to Swapbuzz (a "Submission"), you hereby grant the Company a non-exclusive, worldwide, royalty-free, perpetual and irrevocable licence to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission. You expressly acknowledge that the Company will not pay you for your Submission. The Company may remove your Submission from Swapbuzz at any time. For each Submission, you represent that you have all the rights necessary for you to grant the licence contained in this paragraph. To the maximum extent permitted by applicable law, the Company may monitor your electronic communications on Swapbuzz and uploads on Swapbuzz and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with these Terms and Conditions, and protecting the rights, property, and interests of the Company or any of its customers or clients.

Indemnity

You will indemnify the Company (and its officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against it by any third party due to or arising out of your breach of these Terms, or your infringement of any law or the rights of a third party in the course of using Swapbuzz.

No Agency

Neither Swapbuzz nor the Company is your agent for any purpose in relation to these Terms or your use of Swapbuzz.

Access and Interference

Some or all of Swapbuzz may contain robot exclusion headers. Much of the information on Swapbuzz is updated on a real-time basis and is proprietary or is licensed to Swapbuzz by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Swapbuzz for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure
  • copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the sites without the prior express written permission of Swapbuzz and the appropriate third party, as applicable
  • interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools
  • bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Limitation of Liability and Disclaimer

All content, materials and information on Swapbuzz are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether expressed or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Swapbuzz uses reasonable endeavours to include accurate and up to date information on Swapbuzz. Information is for guidance only and is not intended to form any part of a contract and can be subject to change without notice. The Company shall not be liable for any direct, indirect, incidental, consequential or cumulative losses or damages arising out of the use or inability to use these pages, any errors, misrepresentations or omissions on the material contained on them.

To the fullest extent permitted by applicable law, the Company will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, profits, contracts, goodwill and/or any other economic loss).

Although every effort is taken to ensure the accuracy of the Contents, the Company makes no warranty that Swapbuzz or any services available on Swapbuzz will meet your requirements, that Content will be accurate or reliable, that the functionality of Swapbuzz or any services available on it will be uninterrupted or error free, that defects will be corrected or the services or server that makes them available are free of viruses or anything else which maybe harmful or destructive.

Nothing in these Terms shall be construed so as to exclude or limit the liability of the Company for death or personal injury as a result of the negligence of the Company.

Except as expressly stated, nothing in these Terms and Conditions will reduce your statutory rights relating to the manner in which the Company performs this agreement.

Cookies, Web Beacons and Similar Technologies

When you visit or interact with Swapbuzz, we or our authorised service providers may use cookies, web beacons and other similar technologies for storing information to help provide you with a better, faster and safer experience and for advertising purposes.

Our cookies and similar technologies have different functions. They are either necessary for the functioning of our services, help us improve our performance, give you extra functionality, or help us to serve you relevant and targeted ads. Sometimes these cookies are linked to your PII to improve your user experience (for example, by remembering your email address used to sign-in).

You are free to block, delete or disable these technologies if your device so permits. You can manage your cookies and your cookie preferences in your browser or device settings.

Where possible, we may utilize security measures to prevent unauthorised access to our cookies and similar technologies.

Service providers are companies that help us with various aspects of our business, such as site operations, services, applications, advertisements and tools. We use some authorised service providers to help us to serve you relevant ads on our services and other places on the Internet. These service providers may also place cookies on your device via our services (third party cookies). They may also collect information that helps them identify your device, such as IP-address, ID for Advertising (IDFA), or other unique or device identifiers.

Cookies use technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices (referred to collectively as a "Device") that allow us to record certain pieces of information whenever you visit or interact with our sites, services, applications, messaging and tools.

The specific names and types of the cookies, web beacons and other similar technologies (such as flash cookies, HTML 5 cookies and other web application software methods) we use may change from time to time.

Cookies can be disabled or removed by tools that are available in most commercial browsers. The preferences for each browser you use will need to be set separately and different browsers offer different functionality and options. The “similar technologies” referenced above can operate across all of your browsers, and in some instances may not be fully managed by your browser and may require management directly through your installed applications or device.

We may use the terms "cookies" or "similar technologies" interchangeably in our policies to refer to all technologies that we may use to store data in your browser or Device or that collect information or help us identify you in the manner described above.

We offer certain features, services, applications and tools that are available only through the use of these technologies. You are usually free to block, delete or disable these technologies if your browser, installed application or device so permits. However, if you decline cookies or other similar technologies, you may not be able to take advantage of certain site features, services, applications or tools. You may also be required to re-enter your password more frequently during your browsing session. For more information on how you can block, delete or disable these technologies, please review your browser or device settings.

Generally, these technologies allow our sites, services, applications and tools to store relevant information in your browser or device and later read that information in order to identify you to our servers or internal systems. We do not store any of your personal information on any of our cookies or other similar technologies.

Any personal information that we collect and store through use of these technologies is first obtained through notice and consent: We obtain your consent by providing you with transparent notice of use of the technologies and providing you with the opportunity to make a choice to disable these technologies as set forth above.

We may work with third-party companies, commonly known as service providers, who are authorised to place third-party cookies, web beacons or similar technologies for storing information on our sites or in our services, applications and tools with our permission. These service providers may help us to provide you with a better, faster and safer experience and may use these technologies to help us deliver our own content and advertising, and compile anonymous site metrics and analytics. We do not explicitly permit any of these service providers to collect any of your personal information on our sites or in our services, applications or tools for their own purposes. Third-party cookies are covered by the third parties' privacy policy.

We may use third parties, such as advertising networks and exchanges, to allow us to serve you advertisements. These third-party ad networks and exchange providers may use third-party cookies, web beacons or similar technologies to collect information. They may also collect your device identifier, IP address or identifier for advertising (IDFA). The information that these third parties collect may be used to assist us in providing you with more relevant advertising that we serve on our sites or elsewhere on the web. Third-party cookies are covered by the third parties' privacy policy.

Choice Of Law And Jurisdiction

These Terms and Conditions shall be governed by, and construed in accordance with, English, Australian or Cayman Islands law – such jurisdictional governance to be determined at the sole discretion of the Company. You and the Company both agree, for the exclusive benefit of the Company, that the courts of Company-chosen governing jurisdiction shall have the exclusive jurisdiction to determine any disputes which may arise out of, under, or in connection with these Terms and Conditions; save that, it being agreed that this clause conferring jurisdiction for the benefit of the Company only, the Company shall retain the rights to bring proceedings against you in the Courts of any other country which has jurisdiction.

General

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

These Terms and Conditions are current as of its last revision date as shown below. However, please note that they may be amended from time to time. It is your responsibility to check back for the most current version before relying on any of the provisions herein. Your continued use of Swapbuzz constitutes your acceptance of any and all changes made to these Terms and Conditions.

Headings in these terms are for convenience only and will have no legal meaning or effect.

Last revised: March 2018