IMPORTANT
uSWAP is currently in a testing phase. As a result, no details or procedures are final, no swaps will be binding, and no charges will be placed (Invoices sent are for testing purposes). The database will be flushed before the site goes fully live; hence you will need to sign up again once uSWAP is live.
As uSWAP is still in a testing phase, some features and functions do not yet work, some only partially work, and pages will be missing or incorrectly styled. As a result this testing phase is not yet a true representation of the final system.
Terms and Conditions of use:
(in rough - still getting final wording and full list)
This is the User Agreement for uSWAP.co.uk (the "User Agreement"). The services available at http://www.uwap.co.uk (the "Site") are provided by uSWAP ("uSWAP"; "we"; "our").
uSWAP is designed to create an exciting and convenient way to swap goods, but it also has limits and risks that you should understand before participating. This User Agreement describes the terms and conditions applicable to your use of uSWAP's services available under the domain and sub-domains at the Site. If you do not agree to be bound by this User Agreement, you may not use or access the Site or the services available there.
uSWAP may amend this User Agreement at any time by giving you notice ("Notice") by email to the address you provided at registration and/or by posting the amended User Agreement on the Site. Any amended User Agreement will govern all users from the date of us giving Notice.
uSWAP's role
- The Site is a venue for swappers to list and swap items. We are not an intermediary between, or agents of, swappers.
- We do not review the swaps provided by swappers, we never possess the items offered through the Site and we are not involved in the actual transaction between swappers. As a result, we have no control over, and are not responsible for ensuring, the quality, safety or legality of the items advertised, the truth or accuracy of the swaps or the ability or willingness of swappers to complete swaps.
- You may find other swappers' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Bear in mind that there are risks of dealing with underage people or people acting under false pretences. We are not liable for swappers' acts, statements, breaches of contract or omissions.
Eligibility and Registration
- To register on, or use, this Site you must:
- Be 18 years or older, or using the Site in conjunction with, and under the supervision of, a parent or guardian; and
- Be an individual that is resident, or a business that is established, in the United Kingdom; and
- Provide your real name, address, phone number, e-mail address and date of birth.
- You warrant to uSWAP that the information you provide during the registration process is true and correct. You are obliged to notify uSWAP of any changes to your registration information immediately.
- uSWAP may reject any registration in its sole discretion, without giving a reason.
- You are solely responsible for maintaining the security of your password. You may not permit (directly or indirectly) any other person to use your password. You are solely responsible for any use of, or action taken under, your password on this Site.
Your Conduct
- When registering a swap item, you must ensure that you are legally able to sell it, and that it is lawful to sell it. You must accurately describe your item and all terms of sale on the swap registration form provided by the Site. Your swaps may only include text and other content relevant to the sale of that item and the item for which you wish to swap it.
- You must not transmit through this Site any false, misleading, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must not transmit any material that encourages conduct that could constitute a criminal offenc e , give rise to civil liability or otherwise violate any applicable law.
- As a swapper you have a legal obligation to complete the swap with the other swapper once you have both confirmed your wish to proceed.
- You give us a non-exclusive, worldwide, royalty-free, irrevocable right to exercise (or sublicence) all copyright and publicity rights, in any existing or future media, known or unknown, over any information you provide when using the Site, with the exception of credit card numbers, bank account numbers etc.
The swapping process
- Once you register a swap item on the Site, others may approach you and propose swaps for that item. As soon as you register a swap item, we will start providing our services. You will not be able to cancel the User Agreement under the Consumer Protection (Distance Selling) Regulations 2000, from that point.
- Subject to uSWAP's rights to reject a registration or terminate the User Agreement, a registered swap item will remain listed on the Site until:
- You agree a swap; or
- The specified listed time expires; or
- You send us a notice that you wish to de-list it.
- In all cases, we will retain the registration fee paid with respect to the item.
- Once you have agreed a swap by accepting another swapper's offer, we will release your address to that swapper, and that swapper's address to you.
- You must use the Site immediately to notify the other swapper:
- That you have dispatched an item to the other swapper; and
- That you have received their item.
Banned Items
The following items are banned from uSWAP and may not be traded on the site. Any user found offering such items will be banned immediately and have the listing removed.
- Pornography - This includes pornographic magazines, videos, dvds, hentai, or any similar items.
- Live Animals - This includes livestock, pets, or any other living creature.
- Firearms - This includes pistols, rifles, shotguns, etc. Replica items which are purely decorative are, however, permitted, so long as you can verify the firearm is inactive. This exclusion does not apply to 'toy' guns such as Paintball guns or Air Rifles.
- Propaganda - This includes any materials of which the purpose is to incite hatred of a person or group of people. This includes Rasist, Homophobic, Anti Semetic, and similar.
- Stolen Goods - You are not permitted to trade any goods which you do not have the express permission of the owner.
- Items Beyond Repair - You may not sell any item which is irreparably damaged, UNLESS you explicitely describe the item as such. You may not lie about the condition of an item when advertising it on uSWAP.
- Pirated Items - This includes copied games, movies and software. In addition, hardware which enables others to play pirated content is disallowed, such as 'mod chips' and 'region free devices'.
- Sexual Services - You may not use uSWAP as a means for vending Prostitution.
Fees
- We charge fees for registering items on the Site. When you do so, you will be given an opportunity to review and accept the fees that will be charged. We may issue you with invoices in electronic format by email.
- Our fees are described in our Fees Policy, which is incorporated into this User Agreement.
- We may amend our Fees Policy from time to time. Any such amendments will be effective 14 days after they are posted on the Site or emailed to you.
- We may also make temporary changes to the Fees Policy, for example, for promotional events, and such changes will be effective from when they are posted on the Site or emailed to you. Such temporary changes will not apply to items already listed on the Site.
Access and interference
- You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site or any service taking place on the Site.
- You may not take any action that places an unreasonable burden or excessive load on our system(s). You agree not to infect our Site with any computer programming routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information.
uSWAP's right to terminate
- uSWAP, in its sole discretion, may terminate any swap or use of this Site immediately and without notice if:
- uSWAP believes that you have acted inconsistently with the spirit or the letter of this User Agreement, or
- uSWAP believes that you have violated or tried to violate the rights of other users, or
- uSWAP believes that your actions may cause us financial loss or legal liability, or
- Despite uSWAPs reasonable endeavours, we are unable to verify or authenticate information you have provided to us.
Data Protection and Privacy
- uSWAP may use your personal data in the manner set out in the Privacy Policy, which is incorporated into this User Agreement.
- Unless otherwise authorised or consented to, you agree not to use any information regarding other participants that is accessible from the Site, except to enter into and complete transactions conducted via the Site. Without limitation to the foregoing, you agree not to use any such information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy or otherwise objectionable conduct.
No Warranties
- YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICE AVAILABLE AT THE SITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. uSWAP MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
(a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
(b) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
(c) THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY SWAPPERS, AVAILABLE FOR SALE, LAWFUL TO SELL, OR THAT SWAPPERS WILL PERFORM AS PROMISED.
(d) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE FULL EXTENT PERMISSIBLE, uSWAP DISCLAIMS ANY AND ALL SUCH WARRANTIES.
Limitation of Liability
- WE (INCLUDING (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), ANY LOSS OF GOODWILL OR REPUTATION, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT.
- WE (INCLUDING (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) HAVE NO LIABILITY OF ANY SORT (INCLUDING LIABILITY FOR NEGLIGENCE) FOR THE ACTS OR OMISSIONS OF OTHER PROVIDERS OF TELECOMMUNICATIONS SERVICES OR FOR FAULTS IN, OR FAILURES OF, THEIR NETWORKS AND EQUIPMENT.
- OUR LIABILITY TO YOU OR ANY THIRD PARTY, AND THE LIABILITY OF (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES, IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU HAVE PAID TO US IN RELATION TO THE SWAP OR OTHER SERVICE OFFERED GIVING RISE TO LIABILITY, AND (B) £100.
- DESPITE ANYTHING ELSE CONTAINED IN THIS USER AGREEMENT, uSWAP DOES NOT EXCLUDE ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY RESULTING FROM uSWAP'S NEGLIGENCE.
Indemnity
- YOU AGREE TO INDEMNIFY AND HOLD uSWAP AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, YOUR BREACH OF THIS USER AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
General release
- IF YOU HAVE ANY CLAIM OR ACTION AGAINST A SWAPPER ARISING FROM THE USE OF THIS SITE, YOU AGREE TO PURSUE IT INDEPENDENTLY OF AND WITHOUT RECOURSE TO uSWAP. YOU RELEASE uSWAP (AND ALL uSWAP'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) FROM ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES ARISING FROM, OR IN ANY WAY CONNECTED WITH, SUCH A CLAIM OR ACTION.
General Provisions
Entire Agreement
This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof.
Rights of Third Parties
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of it.
Severability
If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
No Waiver
uSWAP's failure to enforce the strict performance of any provision of this User Agreement will not constitute a waiver of uSWAP's right subsequently to enforce such provision or any other provisions of this User Agreement.
Notices
Notices can be sent to you at the e-mail address you provided to uSWAP on registration or can be posted on the Site. You may send notices to uSWAP via the Messages area in the control panel.
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 or preferences. We will not be liable to you for any loss you may suffer if we decide to modify or cease the service, provided 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.
Laws
This User Agreement shall be governed by, and constructed in accordance with, the laws of England and Wales. Any disputes will be decided only by the Courts of England and Wales.
