Terms and Conditions for Individual Accounts

TERMS OF 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. All of these documents may be printed for your records.

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.

The only exception to this is that consumers have a right to cancel the contract in the limited circumstances described in clause 5 below.
If you do not agree to the terms you should not proceed to the registration page.

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 s 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 be at least 18 years old to register with our site.
5.2 If you are a consumer, you may cancel your subscription and claim a refund but only if both of the following conditions are met:
5.2.1 you must cancel before the end of the period of [14] working days starting from the day after registration; and
5.2.2 you must not go on to use our site, for example, by starting to create a card.
5.3 If you have the right to cancel and wish to do so, please contact us by sending an e-mail to us at the address in clause 1.2 above. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation will take effect immediately and if you have a paid subscription we will refund it in full to the credit card or debit card you used to pay for it within 14 days of cancellation.

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 used to impersonate any person, or to misrepresent your identity or affiliation with any person.
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.

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 To the extent permitted by law, 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 Subject to clauses 7.1 and 7.2, 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.

7.4 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.

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

7.7 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.

7.8 You are responsible for making all arrangements necessary and for all computer equipment and communications networks you use to gain access to our site.
7.9 You are also responsible for the acts and omissions of anyone who accesses our site through your account or equipment and communications networks.
7.10 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions of use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. This would include any loss of profit, loss of business, business interruption, or loss of business opportunity.

8 Applicable law

8.1 These terms form the basis of the contract between us and are governed by English law. The courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.