SWOP Marketplace - Terms and Conditions
Effective Date: [November 25, 2024]
Welcome to SWOP, a platform for bartering luxury assets (the “Platform”). These Terms and Conditions (“Terms”) govern your access to and use of the Platform.
By using SWOP, you agree to these Terms. If you do not agree to these Terms, do not use the Platform.
1. Platform Overview
SWOP is a marketplace that enables users to list, view, and exchange luxury assets. SWOP does not hold, transfer, or guarantee any assets, nor does it ensure the completion of barters or the legitimacy of users or their assets. SWOP merely acts as an intermediary platform for connecting users.
2. Eligibility
You must be at least 18 years old to use the Platform. By using SWOP, you represent that you are of legal age to form a binding contract in your jurisdiction.
3. User Responsibilities
• Account Creation: You are responsible for maintaining the confidentiality of your account information and all activities that occur under your account.
• Accurate Information: You agree to provide accurate, up-to-date, and complete information when using the Platform.
• Asset Listings: You represent and warrant that the assets you list for barter are owned by you and free of any legal claims or encumbrances.
4. Barters and Transactions
• No Guarantee of Barter Completion: SWOP does not guarantee that any barters or transactions between users will be completed. SWOP is not responsible for the failure of any barter or transaction.
• No Involvement in Negotiations: All bartering negotiations and transactions are solely between users. SWOP does not mediate, facilitate, or get involved in any user negotiations, nor do we guarantee the authenticity or value of any asset.
• Cash Components: If a barter includes cash, SWOP is not responsible for ensuring the transfer of funds or verifying the authenticity of the cash amount.
5. No Liability
SWOP provides the Platform on an “as-is” and “as-available” basis without warranties or representations of any kind. To the fullest extent permitted by law, SWOP disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
• No Responsibility for Assets or Users: SWOP is not responsible for the accuracy, legality, or quality of assets listed on the Platform, nor do we verify the identity or trustworthiness of users.
• No Liability for Loss, Fraud, or Damages: SWOP is not liable for any loss, fraud, theft, damage, or dispute arising from or in connection with the use of the Platform, including but not limited to financial loss, loss of assets, or personal harm. Users assume full responsibility for any risks associated with bartering or engaging with other users on the Platform.
6. Prohibited Activities
Users agree not to:
• Engage in fraud, deception, or unlawful activities.
• Post misleading, inaccurate, or illegal listings.
• Harass or abuse other users.
• Attempt to access or use the Platform in any way that compromises its security.
SWOP reserves the right to suspend or terminate accounts that engage in prohibited activities.
7. Third-Party Links and Services
SWOP may include links to third-party websites or services. These are provided for convenience and do not imply endorsement. SWOP is not responsible for the content or actions of third-party sites.
8. Dispute Resolution
SWOP will not mediate disputes between users. You agree to resolve disputes directly with the other party involved in the barter or transaction. SWOP is not responsible for any legal proceedings or claims arising out of disputes between users.
9. Indemnification
You agree to indemnify, defend, and hold harmless SWOP, its affiliates, officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in connection with your use of the Platform, your assets, or your violation of these Terms.
10. Changes to the Terms
SWOP reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting. Continued use of the Platform after any changes constitute acceptance of the modified Terms.
11. Termination
SWOP reserves the right to suspend or terminate your access to the Platform at any time for violation of these Terms or for any other reason deemed appropriate.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the user resides or operates, without regard to conflict of laws principles. For global users, disputes arising out of or related to these Terms shall be resolved in accordance with the applicable local laws and submitted to the exclusive jurisdiction of the courts in the user’s country of residence or operation.
This ensures that the governing law adapts to global users, with legal proceedings taking place in the user’s respective jurisdiction.
13. Contact Information
If you have any questions regarding these Terms, please contact us at [email address].
By using SWOP, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
14. User Data and Privacy Rights
14.1 Data Collection and Use
If you have any questions regarding these Terms, please contact us at [email address].
By using SWOP, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.
14.2 Data Ownership
You retain ownership of any data or content you provide to SWOP. However, by providing this data, you grant SWOP a non-exclusive, worldwide, royalty-free, perpetual license to use, display, modify, and distribute the data in connection with operating and improving the Platform.
14.3 Data Sharing
SWOP does not sell or share your personal data with third parties for marketing purposes. However, we may share your data with trusted third-party service providers who assist in operating the Platform (e.g., hosting services, payment processors), provided they adhere to privacy standards that protect your data. We may also share data when required by law or to comply with legal processes.
14.4 User Rights
You have the right to:
• Access: Request a copy of the personal data we hold about you.
• Correction: Request correction of any inaccurate or incomplete personal data.
• Deletion: Request deletion of your personal data, although certain data may be retained for legal or operational purposes (e.g., maintaining the integrity of transaction records).
• Data Portability: Request to transfer your data to another platform, where technically feasible.
To exercise any of these rights, you can contact us at [email address].
14.5 Data Security
SWOP takes reasonable measures to protect user data from unauthorized access, theft, or loss. However, no security system is impenetrable, and SWOP cannot guarantee the absolute security of your data. You acknowledge and agree to assume any risks associated with transmitting your personal data online.
14.6 Third-Party Services
SWOP may use third-party services to facilitate certain features of the Platform (e.g., payment gateways). These third parties may have their own terms and privacy policies, and SWOP is not responsible for their practices. We recommend reviewing the privacy policies of any third-party services you engage with via the Platform.
By using the Platform, you consent to the processing of your data in accordance with these Terms and our Privacy Policy.