This User Agreement, the Click and Swap Ltd user agreement for all devices and all policies posted on our sites set out the terms on which Click and Swap ltd offers you access to and use of our sites, services, applications and tools (collectively ‘services’). . All policies, the Mobile Device Terms and the User Privacy Notice are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.
- If you reside within the European Union you are entering into a contract with Click and swap ltd, Click and Swap Limited, 143 High Street, Cranleigh, Surrey, GU6 8BB, united kingdom
- registered in England company No 9781659
- If you reside within the United States you are entering into a contract with Click and swap ltd, 143 High Street, Cranleigh, Surrey, GU6 8BB, united kingdom
- If you reside in India, you are entering into a contract with Click and swap ltd, 143 High Street, Cranleigh, Surrey, GU6 8BB, united kingdom
- If you reside elsewhere, you are entering into a contract with Click and swap ltd 143 High Street, Cranleigh, Surrey, GU6 8BB, united kingdom
About Click and swap ltd
Click and Swap Ltd is a marketplace that allows users to offer, sell and buy, swap or part exchange just about anything in a variety of purchasing formats and locations.
Click and swap Ltd does not have possession of anything listed or sold through Click and Swap Ltd, and is not involved in the actual transaction between buyers ,sellers,swappers or part exchangers. The contract for the sale/swap or part exchange is directly between buyer/seller/swapper or part exchanger. Click and Swap ltd is not a traditional platform.
While we may provide pricing, postage, listing and other guidance in our services, such guidance is solely informational and you may decide to follow it or not. Click and Swap does not review users’ listings or content. Click and Swap has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items;The Ability for swappers to swap items;the ability for the part exchanger to part exchange or that a buyer or seller or swapper or part exchanger will actually complete a transaction or return an item.
Using Click and Swap
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems or policies;
- sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an Click and Swap policy the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller.
- fail to deliver items sold by you swapped by you or part exchanged by you, unless you have a valid reason as set out in an Click and Swap policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, defamatory, or libellous content;
- take any action that may undermine the Feedback or ratings systems .
- transfer your Click and swap ltd account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- use the contact information of other users for any purpose other than in relation to a specific Click and Swap transaction (which includes using this information to send marketing materials directly to Click and Swap users unless the user has given explicit consent to receiving these materials).
- distribute viruses or any other technologies that may harm Click and Swap, or the interests or property of Click and Swap users;
- use any robot, spider, scraper or other automated means to access our services for any purpose.
- bypass our robot exclusion headers, interfere with the working of our services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Click and Swap application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content from our services or Click and Swap works of authorship, designs and trademarks;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our services without the prior express written permission of Click and Swap and the appropriate third party, as applicable;
- commercialise any Click and Swap application or any information or software associated with such application;
- harvest or otherwise collect information about users, such as email addresses, without their consent; or
- circumvent any technical measures we use to provide the Services.
If you are registering with Click and Swap as a business entity, you represent that you have the authority to legally bind that entity. If you are trading as a business on Click and Swap, you must comply with all applicable laws relating to online trading for the site you are selling on (please see items, listings and the law for more information on the legal requirements for selling in the UK).
You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Abusing Click and Swap
Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our services, restrict or prohibit access to, and your activities on, our services, cancel bids or offered swaps or part exchanges, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our services if:
- Click and swap ltd think that you are creating problems or possible legal liabilities;
- Click and swap ltd think that such restrictions will improve the security of the Click and swap ltd community or reduce our or another Click and swap ltd user’s exposure to financial liabilities;
- Click and swap ltd think that you are infringing the rights of third parties;
- Click and swap ltd think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;
- despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- you fail to make full payment of any fees due for our services by your payment due date.
When a buyer or seller, part exchanger or swapper issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers,sellers swappers and part exchangers.
When providing us with content (including causing content to be posted using our services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including Click and swap ltd users). You may use such catalogue content solely in connection with your Click and swap ltd listings during the time your listings are on Click and swap ltd ‘s sites. That permission is subject to modification or revocation at any time at Click and swap ltd’s sole discretion.
While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all Click and swap ltd policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
To protect against the risk of liability, Click and swap ltd has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account.
Sellers can create rules to automate returns and refunds under certain circumstances.
When an item is returned, to refund the buyer, you authorise Click and swap ltd to instruct PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer,swapper or part exchanger returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.
You authorise Click and swap ltd to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when;:
- Returns and refunds have been automated: and/or
When a transaction is cancelled, and you choose to refund the buyer via Click and swap ltd, you authorise Click and swap ltd to instruct PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer. See our policy for cancellation.
Click and swap ltd Money Back Guarantee
The majority of Click and swap ltd sales go smoothly, but if there’s a problem with a purchase, the Click and swap ltd Money Back Guarantee helps buyers,sellers,swappers and part exchangers communicate and resolve issues. Click and swap Ltd money back gaurentee is part of this User Agreement and incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.
Sellers and part exchangers must have a payment method on file with Click and swap ltd. Sellers and part exchangers may change this payment method by Emailing Click and swap. If we resolve a case in the buyer’s favour, or if a seller chooses to reimburse a buyer, Click and swap ltd may notify PayPal of the relevant case and remove funds from the seller’s PayPal account to reimburse the buyer for the full cost of the item, and postage. For this purpose, you, in the capacity of a seller or part exchanger:
- authorise and instruct us to instruct PayPal to collect or reverse variable amounts from your PayPal account to carry out a buyer reimbursement;
- authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;
- authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal’s risk exposure pursuant to PayPal policies. See restricted funds.);
- authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and
- authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.
You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Click and swap ltd Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer’s favour, we will notify the seller and continue to charge the seller’s preferred method of payment. If sellers do not provide Click and swap ltd with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the Click and swap ltd Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.
Correcting mistakes in payments to buyers and sellers and part exchangers
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Click and swap ltd Money Back Guarantee refund or reimbursement.
We try to keep Click and swap ltd and its services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our services. Updates and other notification functionality in Click and swap ltd ‘s services may not occur in real time. Such functionality is subject to delays beyond Click and swap ltd ‘s control.
We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
- your use of or your inability to use our services,
- pricing, postage or other guidance provided by Click and swap ltd,
- delays or disruptions in our services,
- viruses or other malicious software obtained by accessing, or linking to, our services,
- glitches, bugs, errors, or inaccuracies of any kind in our services,
- damage to your hardware device from the use of any Click and swap ltd service,
- the content, actions, or inactions of third parties, including items listed using our services or the destruction of allegedly fake items,
- a suspension or other action taken with respect to your account or breach of the Abuse of click and swap section,
- the duration or manner in which your listings appear in search results as set out in The Listings section; or
- your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the internet is difficult. Click and swap ltd cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users’ purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under Click and swap ltd Money Back Guarantee up to the price the item sold for on Click and swap ltd and its original postage costs, (b) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) £101.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of Click and swap ltd ‘s services or your breach of any law or the rights of a third party.
If a dispute arises between you and Click and swap ltd, we strongly encourage you to first contact us directly to seek a resolution by emailing customer support . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of England and Wales. You and Click and swap ltd both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, “non-exclusive jurisdiction of the English courts” means that if you were able to bring a claim arising from or in connection with this User Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
We may assign our rights and obligations under this User Agreement in accordance with the below (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you.
Headings are for reference purposes only and do not limit 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. We do not guarantee we will take action against all breaches of this User Agreement.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
We may amend this User Agreement at any time by email, or via the inbox sectionof your members section of click and swap or by posting the amended terms on www.clickandswap.com. All amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our services after the effective date of these amended terms constitutes your acceptance of them.
This User Agreement may not be otherwise amended except through mutual agreement by you and an Click and swap ltd representative authorised to do so.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Click and swap ltd site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.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.
Click and swap ltd ‘checker’ programme works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our ‘CHECKER TEAM’ team through our website and we will investigate.
The User Agreement, the Click and swap ltd User Privacy Notice and all polices posted on our site are the entire agreement between you and Click and swap ltd and supersede all prior understandings and agreements of the parties.
- The following Sections survive any termination of this User Agreement:fees(with respect to fees owed for our services)contents,liability,compensation, legal disputes and the release contained in this General section. Legal notices shall be served by registered mail to Click and swap ltd , 143 High Street, Cranleigh, Surrey, GU6 8BB, united kingdom,registered in England company No 9781659
We shall send notices to you by email to the email address you provide to Click and swap ltd during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the address provided during the registration process. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.