Terms and Conditions for Business Accounts

TERMS OF WEBSITE USE

These terms of use, together with any other terms or information they link to, including our Cookie Policy, service description, prices and privacy terms apply to your use of our website www.swaponce.com and services, whether or not you are you are paying to use them.

Please read the terms carefully before you proceed to register and pay. By registering and paying to use our site, you will create a contract between us on these terms and will be bound by them.

1. Information about us

1.1 www.swaponce.com is a site operated by Swap Once Limited ("We"). We are registered in England and Wales under company number 08443045 and have our registered office at 15 Lowry House, Cassilis Road, London, E14 9LL. Our VAT number is 171056332.
1.2 You can contact us at info@swaponce.com
1.3 We are the owner or the licensee of all intellectual property rights in our site, including the software and the database underlying it. All of these are protected by copyright and other laws and are reserved to us.

2 Changes to these terms

2.1 We may change these terms of use at any time. We will place a notice and a link to the updated terms on the home page if we do so and the changes will apply as notified.

3 Our services and your privacy

3.1 If you have not already done so, please use this link to see full details of our services and prices and how we use the data you upload to our site. It also explains the different levels of privacy you can use to display and/or protect your data.

4 Cookies

4.1 Please refer to our Cookie Policy which sets out information about the cookies on our site.

5 Registering an account with us

5.1 You must have authority to bind the business on whose behalf and in whose name you register with our site.
5.2 Our payment page sets out information about the different subscriptions available and the cost. Subscription payments are non-refundable.
5.3 You acknowledge that these terms will bind all individuals who use our site through your business registration and on behalf of your business. You undertake to make those individuals aware of these terms and acknowledge that your business will be responsible for their use of our site in compliance with them.

6 Acceptable use of our site

6.1 Your use of our site is conditional on compliance with our acceptable use standards set out in this clause 6. If we have reason to believe you are in breach of this condition we may at our discretion:
6.1.1 terminate your use of our site, and
6.1.2 remove any inappropriate data from our site, and
6.1.3 in the case of any breach of clause 6.5 we may report you to the relevant law enforcement authorities and will have the right to co-operate with those authorities by disclosing your identity to them.
Please note that if you have breached this condition you will not be entitled to any refund of your subscription and you will be liable to compensate us in full for any loss or damage we suffer as a result.
6.2 You must not use our site:

6.2.1 in breach of any applicable local, national or international law or regulation;
6.2.2 in any way that is misleading or fraudulent, or has that effect;
6.2.3 to transmit data that is offensive or defamatory;
6.2.4 for the purpose of exploiting or harming or attempting to exploit or harm minors or vulnerable adults;
6.2.5 for transmitting untargeted marketing material or spam.
6.3 The data you upload must be accurate and must not:
6.3.1 be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
6.3.2 be made in breach of the Data Protection Act 1998, and you must ensure that if you upload personal data about your employees you have the requisite permissions to do so;
6.3.3 be used to impersonate any person or business, or to misrepresent your identity or affiliation with any person or business.
6.4 Our site permits you to print off and download extracts from the data on our site for your use but you must not modify the paper or digital copies of any materials you have printed off or downloaded.
6.5 You must not:
6.5.1 knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful to our site;
6.5.2 attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site;
6.5.3 attack our site via a denial-of-service attack or a distributed denial-of service attack.
6.6 You may link to our home page from any website owned or controlled by you, provided you do so in a way that is fair and legal and does not damage or exploit our reputation. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

7 Disclaimers and limitation of our liability

7.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by English law.
7.2 Subject to clause 7.1, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
7.3 You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms.
7.4 In no circumstances will we be liable for:

7.4.1 loss of profits, sales, business, or revenue;
7.4.2 business interruption;
7.4.3 loss of anticipated savings;
7.4.4 any loss of personal data uploaded onto our site;
7.4.5 loss of business opportunity, goodwill or reputation; or
7.4.6 any indirect or consequential loss or damage.
7.5 Subject to clauses 7.1 to 7.4, the following exclusions and disclaimers apply to our liability whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of our site.

7.6 Our site enables you and other users to upload and share data (including personal data). We cannot and do not verify that third party data and assume no responsibility for its accuracy or integrity. You should take reasonable steps to verify any data on which you subsequently rely and we will not be liable for any loss or damage which you may suffer as a result of such reliance.

7.7 We will not be responsible, or liable to any third party, for the content or accuracy of any data you upload to our site.
7.8 We do not guarantee the continuous availability of our site and will not be liable if it is unavailable for any reason.

7.9 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material as a result of your use of our site or of downloading any content on it.

7.10 You are responsible for making all arrangements necessary and for all computer equipment and communications networks you use to gain access to our site.

8 Applicable law

8.1 These terms (and any non-contractual disputes or claims) are governed by English law and are subject to the exclusive jurisdiction of the courts of England and Wales.