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TERMS & CONDITIONS

Introduction

This User Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains at http://www.globalswops.com (the "Site").   You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below. 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.  By agreeing to this User Agreement, you also agree that your use of other Global Swops web sites will be governed by the user agreement posted on those other web sites.  We may amend this User Agreement at any time by giving you notice ("Notice") by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice. No other amendment to this User Agreement will be effective.

Membership Eligibility and Registration

Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Global Swops members. If you are under 18 years old, you can only use this service in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.

Registration

When registering you must provide your real name, address, phone number and email address.

User ID

You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use or utilise the Site using your own User ID and password. You must use every effort to keep your password safe and should not disclose it to any other person. You shall not transfer or sell your User ID to any other person. You shall also not permit, either directly or indirectly, any other person to utilise your User ID or password.

Fees

Joining Global Swops and reviewing the offers is free, until further notice. However, sometime in the future a small charge will be made to advertisers, in order to cover costs and expenses.  When we commence charging fees for registering properties on the Site. 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.  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 properties already listed on the Site. We may change this policy at any time and any change will be effective after the expiry of 14 days following the date of posting on the announcements board on the Site (or such later date as we may notify).  We may in our sole discretion change some or all of our services at any time.
 

Global Swops’ Role

Global Swops is Only a Venue. The Site acts as a venue which allows registered users to advertise and Swap their property.  We do not review listings provided by users, we never possess the property offered through the Site and we are not involved in transactions between the people who swap property As a result, we have no control over the quality, safety or legality of the properties listed, the truth or accuracy of the listings, the ability of swappers to swap properties or the ability of swappers to make part payment for properties.  Do not assume that the offer of a property is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that swappers actually complete a transaction. Nor are we liable for swappers’ acts, statements, breaches of contract or omissions. You accept sole responsibility for the legality of your actions under laws applying to you.

Information Control

We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, inaccurate or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretences. By using this Site, you agree to accept such risks and agree that Global Swops is not responsible for the acts or omissions of users on the Site.

Listing Description

If you have a property to swap you must ensure that you are legally able to swap the property which is included in a listing on the Site.  You must describe your property and all terms of swapping on the listing page of  the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the swapping of that property and you are responsible for ensuring that you have the right to use all content in your listings and we have the right to host it on our servers.  You acknowledge that we will commence supplying our services to you as soon as you have sent us your advertisement.

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Identity Verification

We use many techniques to verify the accuracy of the information our users provide to us when they register on the Site. However, because user verification on the Internet is difficult, Global Swops cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site.  We encourage you to communicate with potential trading partners using the tools available on the Site. You may also wish to consider using a third party escrow service that provides additional user verification.

Suspension of Use of the Site

Without limiting our other remedies, we may limit your activity on the Site, immediately issue a warning, suspend or terminate your user registration or any of your property listings and refuse to provide our services to you without notice to you: (a) if you breach this User Agreement or the documents incorporated by reference; (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause us financial loss or legal liability.

Global Swops Right To Terminate

Global Swops has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use our Services if you are found to be committing any of the following:
· Fraud
Without limiting any other remedies, we may suspend or terminate your membership if we suspect that you have engaged or are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site.
· Manipulation
You must not manipulate the swap value of any property or interfere with other user's listing(s). Without limitation, you must not: (a) offer a swap in a listing where you are the person offering a swap, or procure or encourage any person to do so on your behalf; (b) contact swappers in a listing where properties are listed for swap in order to offer similar properties to the swappers in that listing; or (c) make offers or make any payment using a false User ID.
· Spam
You may not use information on Global Swops to send spam or otherwise send content that would violate our User Agreement.

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Liability

In the event that you have any right, claim or action against any other user arising from that user's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Global Swops (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.

Restrictions

Your Information and your activities on our Site must not:
1. be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
2. be fraudulent or involve the sale of counterfeit or stolen items;
3. knowingly be related to money laundering;
4. be obscene, indecent or contain child pornography;
5. create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
6. contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
7. cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired.
8. you must not list any property on the Site (or complete any transaction initiated using the Site) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law or our Prohibited, Questionable and Infringing Items Policy

Licence

To enable Global Swops to use Your Information, you grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) licence to exercise the copyright, trade mark, publicity and database rights you have in Your Information, in any media now known or not currently known. You also waive all moral rights you have in Your Information to the fullest extent permitted by law.

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Privacy

We view protection of users' privacy as a very important community principle. Your Information will be held in a safe, confidential and secure environment. Please note that your advertisement will/may be published in various, suitably linked publications, but that at no time will your personal details be included, unless you have consented for us to do so. Please see our ‘Privacy Policy.’

No Warranty

We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including 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. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.

We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also 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.

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Indemnity

You agree to indemnify and hold us 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.

Governing Law and Legal Compliance

This User Agreement shall be governed by and construed in accordance with the law applying to where both the person offering and the person accepting the swop both reside.
Please note, that your country (and/or that of any user you deal with) may have laws which apply to your transactions with other users regardless of what you agree with us (now) or with that user (later).
The laws of your country may be different from the laws of others, including laws governing what can be legally offered, exchanged, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a licence to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.

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Dispute Resolution

Disputes between you and Global Swops regarding our services may be reported to Global Swops Customer Support. We encourage you to report all disputes between users to your local law enforcement body.

Third Party Rights

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 term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.

General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Global Swops, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Global Swops are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.  Each of the policies may be amended from time to time and material changes will be posted on the Announcement Board.

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