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TERMS
& CONDITIONS
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Introduction |
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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.
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Membership Eligibility and
Registration |
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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. |
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Registration |
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When
registering you must provide your real name, address, phone number
and email address. |
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User ID |
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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. |
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Fees |
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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.
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Global Swops’ Role |
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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. |
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Information Control |
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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. |
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Listing Description |
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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 |
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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.
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Suspension of Use of the Site |
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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. |
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Global Swops Right To Terminate |
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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:
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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.
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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.
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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
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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. |
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Restrictions |
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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
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Licence |
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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 |
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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.’ |
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No Warranty |
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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. |
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Limitation of Liability |
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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 |
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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. |
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Governing Law and Legal Compliance |
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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 |
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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. |
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Third Party Rights |
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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. |
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General |
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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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