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Eswap4u is easy to use. It was quick to make my adverts look great and with low listing fees - what could be better? If you're like me you'll be impressed with how eswap4u works!
Information about us
eswap4u.com, eswap4u.co.uk and eswap4u.org are sites operated by Yippeedo Ltd ("We"). We are registered in England and Wales under company number 07026938 and have our registered office at Manor Farm Brettenham Road Buxhall Suffolk IP14 3DY. We are a limited company.
VAT Registration Number 107 7552 15
Information about our site
Our site is a social utility which acts as a vehicle to enable the users of the site to agree to swap, exchange, sell, purchase, import and export goods or reach an agreement in which they combine an exchange along with a monetary purchase. Our site also provides the users with a facility where bids and offers are made against listed items.
We are not actually involved in the transaction between the users of the site and are not involved in the agreements that are reached for the swap, exchange, sale, purchase import or export of any goods. We simply provide a facility through our site for the users of the site to reach such an agreement.
Due to the nature of our site we have no control over the quality, safety, or legality of the items that the users of the site propose to swap, exchange, sell, import or export. Neither do we have any control over the truth, accuracy or content of the listings, photographs or any other content posted by the users. We do not provide any assurance warranty or guarantee that the users of the site have the ability to sell or transfer the goods that they advertise on or site neither do we provide any assurance, guarantee or warranty that the buyer of any goods has the ability to purchase such goods.
We do not in anyway guarantee that the buyer or seller will complete on the transaction that they have agreed to. Therefore you enter into any transaction with any of the other users of our site at your own risk.
As we do not control, endorse or approve the items or information or content posted by the users we advise that you use our site with caution. You may find other user's material, photographs, listings or postings to be inaccurate, deceptive, harmful or offensive. Please note that there is also a risk that you could be dealing with another user who is underage or another user acting under false pretence. There are risks in trading across international borders and trading with other foreign nationals. If you suspect that another user is abusing our site in anyway please contact us and report the problem and mark your message 'ABUSE OF THE SITE'.
In short the intention behind the site is to help the users find goods that they are looking for by exchanging goods that they no longer have use of, for goods that they desire or to enable an exchange of goods with or without money. We believe that the exchange of goods will promote sustainable living and will limit the impact on the environment by the recycling of goods. Rather than throwing your old goods away our site provides an opportunity for you to exchange your goods with another owner rather than throwing them away.
Our site provides a positive, green, eco friendly, sustainable, social utility which we hope you will enjoy. Our site is good for you and good for the planet and by using our site you are helping to create a positive, green, eco friendly environment and a sustainable process. We thank you for your interest in using eswap4u.com.
As stated, we are not involved in the transactions between the users of our site. In the event that you have a dispute with any one or more of the users of our site you hereby agree to release ESWAP4U Ltd, eswap4u.com, eswap4u.co.uk, eswap4u.co, eswap4u.eu, eswap4u.net and all of our officers, directors, agents, affiliates, parents, subsidiaries, and employees from any claims, demands, damages, (actual, special, direct, indirect, and consequential) of every kind and nature known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in connection with any such disputes.
It is free to look at our site and is free to register as a user of the site. It is also free to bid for an item on our site. However, to bid for an item you must be a registered user of the site.
You can offer goods for exchange, swap, sale, and export on our site. There is a charge for advertising items for swapping, exchange, sale, or export on our site. This fee will vary depending on the value of the goods that you intend to swap, exchange, sell, or export. You will be notified of the cost of posting such an advert on our site before you agree to place such an advert. The total cost of placing the advert will include all United Kingdom taxes and will be the price for placing the advert; the cost will be displayed in GB pounds sterling. When you post a listing on our site you will be notified of the cost of placing such an advert via your control pages and this may be subject to any discount we are offering via the voucher discount promotion if applicable. The system we use for receiving payment for the advert fee is via Paypal.
By clicking on the 'Pay Now' button you will be bound to accept the terms and to pay the cost of placing your advert with us on our site.
We will then display your advert on our site in the appropriate section of our site that matches the description of the goods contained within your advert for the period of time that you have agreed to post such an advert for. Please note that we will commence supplying our services to you as soon as you accept this agreement and PayPal has confirmed payment. We will not be responsible for any losses arising caused by a delay in third party payment methods. You will not be able to cancel this agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of our service has commenced.
Please note that the cost of placing the advert does not include any of the costs of the postage or delivery of the items that you have advertised. The cost of transporting, exporting, importing, posting, delivering and packaging is to be borne by the users of the site. Such cost should be negotiated and agreed upon by the users of the site when they reach an agreement for the transfer of goods.
If your payment method fails or your account is overdue you agree that we may collect the sum due from you using one of our collection mechanisms. This may include charging other payment methods that you have on file with us, using collection agencies, taking legal proceedings, deducting the amount owed from your PayPal account. We can elect to remove your advert from our site.
You agree that we may issue you with electronic invoices in electronic format accessed by you via 'Your Profile' page.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Content of your listings
When you provide us with content for our site you grant us a non exclusive, worldwide, perpetual licence, irrevocable, royalty free sublicensable right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. You also agree to waive all moral rights you have within the content to the fullest extent permitted by law.
You are responsible for the content and accuracy of your listing on our site and you agree not to hold us responsible for any inaccuracies within the content of your listing. Once you have posted a listing on our site you are responsible for ensuring that the listing remains accurate. You must ensure at all times that your listing does not contain any inaccurate, misleading or illegal information and that the listing complies with the terms of this User Agreement and the other policies of our site.
Using our site
You must not use our site and services if you are under the age of 18 or you are not able to form legally binding contract, or if for any reason you cease to be a registered user or if your account with us is suspended.
When you have registered on our site and you wish to post an item for swapping, exchange, sale, export, or a combination of the above, you will post the item by selecting 'Add a Swap', which is a generic term used on our site.
When you have registered as a user of our site there may be goods that you are looking to acquire. If there is a particular item that you are looking for you can use our 'Add a Wish' facility to list a posting on our site for goods that you are looking for. 'Add a Wish' is a generic term of our site to enable you to search for goods that you are looking for.
You will see that our site provides a facility for you to 'Add a Wish' for goods that you wish to find. Our site will then try to match you with other users of our site who are looking to swap, exchange or sell similar goods that you have described within your 'Add a Wish' that you have posted on our site.
Please note that whilst we will try to match you with other users of our site who are looking to acquire similar goods that you have described within your posted advertisement on our site we do not provide any guarantees or warranties that we will be able to match you with other users who wish to acquire the goods that you have advertised for exchange, sale, import of export.
Whilst using our site you will not:
- Upload, post list content, pictures or items that are inappropriate, offensive, illegal or which you do not have authority to post.
- Post any items which may be termed as inappropriate or offensive in an inappropriate section of our site.
- List any items for sale which are counterfeit or would otherwise infringe the copyright trade mark or other rights of third parties.
- Breach any laws
- Breach any of our policies.
- Fail to complete on a sale by failing to pay for items that you have agreed to purchase or fail to exchange the goods that you have contracted to exchange unless the seller has materially changed the items description after you have agreed to purchase or exchange or if you cannot authenticate the identity of the other user who you have agreed to purchase from, swap with or exchange with.
- Fail to deliver items that you have agreed to swap, exchange or sell, unless the buyer fails to meet the terms of your agreement or if you cannot authenticate the identity of the other user who you have agreed to sell to or exchange with. (If you reach an agreement whereby you are selling goods or exchanging goods you are advised to retain proof of delivery.)
- Post any misleading, false, inaccurate, defamatory or libellous information about any of the goods that you intend to sell, purchase or exchange or about any of the other users of our site.
- Undermine the feedback and rating sections of our system.
- Distribute or post spam or unsolicited material or bulk electronic communications or chain letters to the users of our site.
- Distribute viruses or any other form of technology that may cause any harm to our site or to the users of our site.
- Take any action that will hinder the effective working or enjoyment of our site.
- Collect information about the users of our site without the other user's prior consent including the other user's email address.
- Interfere with any of the other User's postings or listings or manipulate the price of the price of any item.
- Circumvent our billing system or our fee structure any bills owed to us or any bills owed to the other users of the site.
- Abuse, harass, stalk, threaten, or otherwise violate the rights of any of the other users of our site or our directors, employees, or staff.
- Transfer your account to another user without our consent.
If you register with us as a business entity such as that of a limited company (for example) you represent that you have the authority to bind that legal entity. If you are trading as a business you must comply with all applicable laws relating to online trading. We advise that you should take independent advice in relation to business selling if this is the case.
We reserve the right to limit your activities on our site in that we can restrict the number of items that you may list on our site if we think that such restrictions will improve the security of our site or reduce another users the expose to financial or other liabilities.
We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time or to modify or discontinue such accounts from our site. You agree not to hold us our officers, directors, agents, affiliates, parents, subsidiaries, and employees liable for any loss you may suffer as a result of us taking such action.
Abuse of our site
Please report any problems that you notice on our site to us this will assist us to ensure that our site continues to work properly and will assist the users in enjoying the experience of using the site. If you suspect that another user is abusing our site in anyway please contact us and report the problem and mark your message 'ABUSE OF THE SITE'.
If we become aware that you are or have been abusing our site, (for example infringing on the rights of third parties) the other users of our site, our directors, employees or staff, we may take preventative action against you to prevent you from committing such abuse. We will also take preventative action against you if we believe that you are acting inconsistently with the spirit of our site our policies. Without limiting any remedies available to us we may limit, suspend, or terminate our services to you, terminate your account with us, remove your advert and the content posted on our site, cancel any offers that you have made through our site, and take technical and legal steps to ensure that you are prevented from using our site.
We may also take preventative action to stop you using our site if you fail to verify or authenticate any information that you provide to us.
Our site and service allows other users to share personal and financial information to enable the users to complete transactions. When users are involved in a transaction they may gain access to the other users name, user name, user identification, email address, postal address, telephone number, other contact information and financial information. We cannot provide any guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them.
We request that you respect the privacy of other users of our site and to disclose your privacy and security policies to them. By law you must give other users a chance to remove themselves from your database and a chance to review the information that you have collected about them.
You agree that you will use the other user's information only in accordance with applicable laws and regulations including, without limitation, data protection laws and that you will only use such user's information for
Transactions conducted through our site
- For other purposes that the user expressly agrees to
- Not to send unsolicited commercial communications
- Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or user of our site, or by anyone who may be informed of any of its contents. This is particularly due to the nature of our site and the fact that the users of the site will have the ability to post information directly on our site which they are obliged to ensure that the information posted is accurate not misleading and legal.
Our website contains material submitted and created by private individuals, other business entities and other third parties. We exclude all liability for any illegality arising from an error, omission or inaccuracy in such material.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We reserve the right to change, modify, add or delete portions of our site and to change the terms, conditions and policies that govern the use of our site. By entering into this agreement you hereby agree to review the terms and conditions of the site on a regular basis. Any such amendments to the terms, conditions and policies that govern the use of the site will be notified on our footer page link.
If you continue to use our site after such changes have taken made and notified to you then this will constitute your acceptance of such changes to the terms, conditions and policies or the modification of the site itself.
If you are unhappy with any changes that we make to the terms, conditions and policies that govern the use of our site or if we change, modify, add or delete portions of our site and you are unhappy with such changes then please stop using our site.
Third party rights
A person who is not party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
Our liability / disclaimer
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
For any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. However, we exclude any liability for the content posted by other users of the site. We do not review the user's listings or content.
Please do not assume that the offer of sale, purchase, exchange, import or export of any item is valid and legal simply because it is listed on our site.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on our site.
Regardless of the paragraphs above, if we are found liable to you or to any third party our liability to you is limited to the sum that you have paid us for the placing you advertisement on our site and limited to £100.00.
Purchasing goods advertised
As advised we are not involved in the transactions between the users of the site and therefore it is up to the users to agree the swap, exchange or payment method for the agreed transaction.
We cannot provide you with any guarantee or warranty that the buyer will pay for the goods or exchange the goods that they have agreed to pay for or exchange. We cannot provide you with any guarantee or warranty that the seller will transfer the goods to you that they have agreed to transfer.
These guides are to help you with your swap, exchange, sale, export experience on eswap4u. Any changes that we may make to our help guides in the future will be posted on the help guides page, footer link and where appropriate, notified to you by email. We reserve the right to revise and amend the help guide at any time by amending the help guide page. You should check the help guide on a regular basis to check for any updates.
The help guides are designed to provide you with assistance and are not to be deemed in any way to constitute advice and do not form any part of the contractual agreement between us and you.
If any of the provisions within the help guides conflict with the terms and conditions of use of our site then the terms and condition of use will prevail.
Dispute resolution with us
If for any reason a dispute arises between you and us, we advise you to make contact with us in the first instance and we will seek to resolve any such dispute with you. If you have a dispute with us please contact us and mark you message 'DISPUTE'.
If you have any dispute with us we will consider requests to resolve the matter by using alternative dispute resolution methods such as arbitration or mediation as an alternative to litigation. As you will note from our jurisdiction clause, any claim, dispute, or matter arising in relation to your agreement with us to use our site will be construed in all respects by the laws of England and Wales.
Information about you and your visits to our site
You agree to compensate us in full (and our officers, directors, agents, subsidiaries and employees) for any losses or costs, including reasonable legal fees we incur arising out of any breach by you of this Agreement or your violation of any law or the rights of a third party.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
We do not tolerate unsolicited electronic commercial communications otherwise known as spam.
You must not use the communication tools within our site to send spam or otherwise send content which would be in breach of this User Agreement. We may scan and manually filter email messages before and after they are sent via our communication tools for spam, trojans, worms, logic bombs or other material which is malicious or technologically harmful as well as illegal or prohibited content.
Linking to our site
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.
You must not establish a link from any website that is not owned by you.
Our site has the facility for you, the user, to post and share content on Social Networking sites; you must be a registered member of that online community and we request that you check the Terms and Conditions of any Social Networking site you use and post to. Please satisfy yourself that the posting of this content doesn’t breach any of their conditions of use.
You are also able to view our eswap4u blogs on Social Network links located within the footer of the sites pages and subsequent blog links that maybe posted there.
("We") Eswap4u ltd, takes no responsibility or accepts any liability from the users posting content to Social Networking sites whatsoever, or the content of the postings, or viewing of the content that has been posted on any blog, or Social Network, or links that the users of ("our site") are selecting to make viewable on their Social Networking sites. Due to how the Social Networks and Blog sites administer the posted feeds from their users, it is impossible for us at Eswap4u to control what parts of our site are posted, the content posted and to where it's been posted whatsoever.
We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our site other than that set out above, please Contact us and mark 'USE OF MATERIAL'
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
This Agreement and/or the use of our site does not create any relationship of agency, partnership, joint venture, employer, employee, franchiser, franchisee
Jurisdiction and applicable law
The English courts will have non exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
All legal notices shall be served by recorded delivery to the registered office of Yippeedo Ltd at Manor Farm, Brettenham Road, Buxhall Suffolk IP14 3DY.
If any provision of this Agreement is held to be invalid or unenforceable such provision shall be struck out and the remaining provisions of this Agreement shall be enforced.
We reserve the right to assign our rights and obligations to another party without your prior consent. We will provide you with one month's notice of such an assignment. On assigning this Agreement we will transfer the Agreement on the same terms or on terms that do not disadvantage you.
The headings within this Agreement are for reference only and do not limit the scope or extent of such section.
We reserve the right to amend or vary this Agreement at any time and we will notify you of such amendment by posting a notice on 'Updates'. You are then obliged to review the amended terms and conditions. If you do not accept the changes you should cease to continue to use our site. We will provide you with one month's notice of when the new terms will take effect.
This Agreement and the other policies referred to within it sets out the entire agreement and understanding between us and the user.
If you have any concerns about material which appears on our site, please contact us and mark your message 'YOUR CONCERNS'.
Thank you for visiting our site.
The eswap4u team