Terms of use

Last updated: 30 September 2017

Swapific.co.uk ("Swapific UK") is provided to you by Alpha Twice Limited, 15F High street, Chislehurst, BR7 5AB, United Kingdom, registered in England with company number 09504630.

These Terms of Use and the other policies posted on swapific.co.uk constitute the entire agreement between Alpha Twice Limited and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

PLEASE, IF YOU HAVE FURTHER INQUIRIES YOU MAY CONTACT US AT ALPHA TWICE LIMITED, 15F HIGH STREET, LONDON, UNITED KINGDOM, BR7 5AB.

WARRANTY AND LIABILITY

The Swapific UK content is provided on an "as is" and an "as available" basis.

We make no warranties or representations as to the results that may be obtained from the use of Swapific UK, or the accuracy or reliability of users' postings, or the completeness of the Swapific UK content, the content of any site linked to Swapific UK, contributors, information or any other items or sites linked to Swapific UK. We make no warranties or representations that Swapific UK will meet your requirements, or that Swapific UK will be uninterrupted, secure, or entirely error free.

We do not review users' postings and we are not involved in the actual transactions between users. As a result, we have no control and we do not guarantee the truth, or accuracy, or the quality, safety, or legality of users' postings, or the users' ability to complete transactions.

You agree that the use of Swapific UK is at user's sole risk and not to hold us responsible for things other users post or do.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

In no event we shall be liable to you or any third party for:

any indirect, consequential, incidental, special or punitive damages;
any errors or inaccuracies of content and materials,
any unauthorised access to or use of our servers,
any interruption or downtime on the Swapific UK,
any bugs, viruses, trojan horses or malware that could be transmitted through the Swapific UK,
any errors or omissions in any content and materials;
any personal injury or property damage of any nature whatsoever, resulting from your access to and use of Swapific UK,
any loss or damage of any kind, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of Swapific UK;

FEES AND SERVICES

The use of Swapific UK is free, but we sometimes charge for certain services. If the service you are using is charged, you will be able to review and accept terms that will be clearly disclosed at the time you publish your ad. Our rates are shown in Pounds Sterling, and we may change them from time to time. We will notify you of changes to our fees by posting these changes on the Swapific UK website.

You acknowledge that your ads may be deleted from Swapific UK in case we believe these Terms of Use, including our Posting Rules, are breached. In case you would have paid a fee for the display of an ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the Swapific UK users for any fees paid through use of Swapific UK in the following cases:

you breach these Terms of Use, which include, without limitation, the Posting Rules;
your ads went live with exposure on Swapific UK even for a limited time, and that they benefited from the service associated with the paid fee;Please note that the above list is not exhaustive.

Unless otherwise specified the copyright of all the content on Swapific UK is owned or licensed to Alpha Twice Limited.

You agree not to copy, distribute or modify content from Swapific UK without our express written consent. When you post content on Swapific UK, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

THIRD PARTY MATERIAL AND ADVERTISEMENTS

Swapific UK may contains material (including but not limited to advertisements) submitted and created by third parties. All third-party material is published by Swapific UK in good faith. We do not accept any responsibility for the accuracy of such material (nor is any warranty expressed or implied by publication) and we specifically disclaim and excludes all liability to any person (be they advertiser, reader or user) for any loss or damage of any nature whatsoever or however arising from any error, omission or inaccuracy in such material and Alpha Twice Limited takes no responsibility for such material.

In the event that you purchase or obtain any goods or services from a third-party then your acquisition of such goods or services will be in accordance with the third-party‘s terms and conditions and we will have no liability to you in respect of the same.

Swapific UK may also contains links to third-party websites, these third-party websites are not under the control of and are not maintained by Alpha Twice Limited. We are not responsible for the content nor we endorse the material on these third-party websites.

You agree that you will not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). Owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed.

REPORTING AN INFRINGEMENT:

Swapific UK respects the intellectual property rights of others. If you own copyright, trademark, patent or other intellectual property rights (“IP Rights Owner”), or if you are an agent authorised to act on the IP Rights Owner’s behalf (“Authorized Agent”), and you have a good faith belief that material or products on Swapific UK infringes the IP Rights Owner’s copyright, trademark, patent or other intellectual property right, please fill out the NOTICE OF INFRINGEMENT form to report an infringement.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights or their authorised agents. The "NOTICE OF INFRINGEMENT" is intended to enable rights owners to ensure that products offered by Swapific UK users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, please CONTACT US HERE.

RELEASE

If you have a dispute with one or more Swpaific UK users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

RESOLUTION OF DISPUTES

If a dispute arises between you and Alpha Twice Limited, we strongly encourage you to first CONTACT US HERE. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

YOUR CONDUCT

You are prohibited from posting or transmitting to or from Swapific UK any material (including video, images, graphics, audio, text):

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, illegal, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licences and/or approvals; or
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
Which is, or contains, pharmaceutical products normally requiring a licence to sale or distribute.
Which distributes spam, chain letters, or promote pyramid schemes.

You agree that you will not misuse the website (including, without limitation, by hacking) and that you will not:

violate any laws;
harvest or otherwise collect information about users, including email addresses, without their consent
copy, modify, or distribute any other user's content without their consent;
distribute viruses or any other technologies that may harm Swapific UK or the interests or property of Swapific UK users;

You are solely responsible for all information that you submit to Swapific UK and any consequences that may result from your posts.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing Alpha Twice Limited to disclose the identity or locate anyone posting any material in breach of these Terms.

GENERAL

This Agreement shall be governed and construed in accordance with the laws of England and Wales. You agree that any claim or dispute you may have against Alpha Twice Limited must be resolved by the courts of England and Wales. You and Alpha Twice Limited both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Alpha Twice Limited both agree to submit to the jurisdiction of the Bromley County Court.

This Agreement shall be governed and construed in all respects by the laws of UK. You agree that any claim or dispute you may have against us must be resolved by the courts of UK. You and Alpha Twice Limited both agree to submit to the exclusive jurisdiction of the English Courts; for claims falling within the jurisdiction of a County Court, you and Alpha Twice Limited both agree to submit to the jurisdiction of court.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to Alpha Twice Limited at 15F High Street, London, United Kingdom. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.
We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on our website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

EMAILS & COMMUNICATIONS

You acknowledge that Swapific UK will send you emails regarding your ads and the posts you have made. We may also, periodically, send you our newsletter highlighting additions and changes to Swapific UK. You can chose to stop receiving these mails at any time from the 'Email Notifications Preferences' in 'Edit You Profile / Account' and 'Edit You Profile / Newsletters' sections, by removing the ticks from the mailing options.

CHANGES TO THE TERMS OF USE

We reserve the right to change any of the terms and conditions (whether contained in these terms and conditions and the privacy policy) at any time. You acknowledge that by browsing our website and the or using our mobile App that you agree to the terms and conditions in their most current form.