T&C Privacy & Safety

Swaade Terms of Use

Draft 10.08.2016

1 Member Services

 

1.1 Only registered and authenticated users (Members) who are logged in to www.swaade.com (the Website) may access the Member Services and for this purpose are granted a licence to use the Website and its associated features.

 

1.2 Member Services constitute the provision of the Website to assist Members to give things they no longer want to another Member and for Members to receive goods no longer wanted by other Members (the Purpose).

 

1.3 By agreeing to become a Member:

 

(a) You are subscribing to the Member Services; and

 

(b) the licence granted to You pursuant to clause 1.1 shall include a limited, non-transferable, non-exclusive, non-assignable, non-sublicensable, revocable right granted to You to access the Member Services for the Purpose.

 

1.4 A Member may access the Member Services solely for the Purpose as specified, and subject to the provisions set out, in these Terms of Use.

 

1.5 You must pay all costs associated with accessing the Member Services and the Website, including hardware, software, data, telecommunications and transmission costs.

 

2 Member Goods

 

2.1 We provide a platform (the Marketplace) to facilitate the entering into of transactions by Members for the supply of goods to each other in accordance with the Purpose (the Member Goods).

 

2.2 The Member Goods must comprise physical commodities and cannot be constituted by intangible services or a combination of physical goods and intangible services.  

 

2.3 [Any limitations on what can constitute a Member Goods.]

 

3 Transactions

 

3.1 By uploading an item to the Marketplace, the Member (the Providing Member) agrees to pass ownership of the relevant Member Goods to another Member (the Recipient Member) or to charity in accordance with these Terms of Use (a Transaction).

 

3.2 By clicking "Buy Now" on the Wesbite, the Recipient Member agrees to enter into a Transaction to take ownership and possession of the relevant Member Goods and to agree terms and arrangements with the Providing Member for delivery of the relevant Member Goods.

 

3.3 If no Transaction is entered into [by the specified expiry date of the listing / within three months of the listing] of the relevant Member Goods, the Providing Member agrees to transfer ownership of the Member Goods to an agreed charity.

 

4 $wa Credit

 

4.1 Upon uploading Member Goods to the Marketplace, the Providing Member will receive a notional credit (a $wa Credit) determined by us at our sole discretion.

 

4.2 $wa Credit will be credited to a Providing Member's Account only upon the entry into a Transaction with respect to the relevant Member Goods.

 

4.3 $wa Credit cannot be converted into or exchanged for money.

 

4.4 Members may redeem $wa Credit to indicate their intention to enter into Transactions with respect to Member Goods uploaded to the Marketplace.

 

4.5 An amount equal to the $wa Credit notionally assigned to the relevant Member Goods will be deducted from the Recipient Member's Account upon indicating their agreement to enter into a Transaction with respect to that Member Goods (by clicking the "Buy Now" button associated with that item).

 

5 Limitation of Liability

 

5.1 The Providing Member warrants and represents that:

 

(a) the Providing Member is the owner of the Member Goods or otherwise is lawfully entitled to pass ownership, good title and possession of the Member Goods to the Recipient Member, including that the Member Goods are not subject to any security interest;

 

(b) the description of the Member Goods is complete and is not misleading or deceptive;

 

(c) the Member Goods comply with, and are not prohibited under, these Terms of Use;

 

(e) the Member Goods and their supply are in accordance with all laws, legal requirements and in accordance with the Purpose.

 

5.2 The Recipient Member accepts full responsibility for the payment of any customs, taxes and duties incurred in respect of the transport of the Member Goods to the Recipient Member.

 

5.3 Except as provided by law, both the Providing Member and the Recipient Member release and discharge Us in respect of any claims, allegations or defects that arise in respect of the Member Goods.

 

5.4 The collection and transportation of Member Goods is a matter for the Providing Member and the Recipient Member to arrange and agree between themselves.

 

6 Limitation of Liability

 

6.1 At no point during a Transaction do We take ownership or possession of the Member Goods. We do not transfer legal ownership of items from the Providing Member to the Recipient Member. 

 

6.2 To the extent legally permitted, we exclude all implied warranties, terms and conditions. 

 

6.3 We are not liable for any loss of Member Goods, money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Member Services.

 

6.4 To the extent that We are able to limit the remedies available under these Terms of Use, We expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

 

 (a) the supply of the services again; or

 (b) the payment of the cost of having the services supplied again.

 

LINKS TO OTHER WEBSITES

Swaade may from time to time provide on its website, links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Swaade and the owners of those websites. Swaade takes no responsibility for any of the content found on the linked websites.

Swaade website may contain information provided by third parties for which Swaade accepts no responsibility whatsoever for information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

DISCLAIMER

To the fullest extent permitted by law, Swaade absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Swaade gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of Swaade to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At Swaade, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. Swaade respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers Swaade secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Swaade collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

THIRD PARTIES

Swaade does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

Swaade may be required, in certain circumstances, to disclose information in good faith and where Swaade is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of Swaade, its customers or third parties.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Swaade. Swaade expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Swaade will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Swaade reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

Swaade expressly reserves all copyright and trademark in its website and in all documents and information on its website and reserves the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and Swaade concerning your use and access to Swaade website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

CLASSIFIEDS – ADVERTISERS

By providing content or posting directly on Swaade, you represent that you have the right to and title in this information and content, you own it and have the right to present and publish it. You also represent that you are not breaching any regulations, restrictions or third party rights.

If we have reasonable grounds to suspect the information you provide in any profile or on our site is untrue, inaccurate or incomplete, or that you have breached any terms and conditions on Swaade, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw the content and terminate your account. We may also deny the use of our website to you in the future and are not obligated to return any subscription or registration monies.

You agree to defend, indemnify and hold Swaade, its officers, directors, members and agents harmless from and against any and all claims, charges, actions, liabilities, investigations, demands and similar, including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your breach of our terms and conditions, content you may provide to our website, and any activity you may engage in through our website or use of our website.

CLASSIFIEDS – VISITORS

By using our website, you acknowledge that our advertisers are third party advertisers and we do not have any connection with them. We do not recommend, endorse or promote them, nor do they have any affiliation with Swaade. Swaade is merely a passive conduit as provider for the advertising service and does not have any association beyond this.

Swaade does not make any representation as to the accuracy or suitability of any of the information contained in those advertisements or sites and does not accept any responsibility or liability for the conduct or content of those advertisements and sites and the offerings made by these third parties. Whilst we take reasonable care to monitor our website, we do not undertake any liability or obligation with regard to their content and you therefore use those websites and services at your own risk.

Swaade is not responsible for any loss, damage or issues you may have with the advertiser and cannot be held responsible for any direct or indirect loss you may suffer as a result of using their products or services. We also cannot confirm that the information on any of the third party advertising sites is accurate or up-to-date.

JURISDICTION

This agreement and this website are subject to the laws of WA and Australia. If there is a dispute between you and Swaade that results in litigation then you must submit to the jurisdiction of the courts of WA.

TERMS

The information contained in this website is for general information purposes only and is provided by Swaade. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under the control of Swaade. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Swaade takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of Swaade – © 2015. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it on any other website or other form of electronic retrieval system.

OUR PRIVACY

At Swaade, we are committed to protecting your privacy as an online visitor to our website. We use the information we collect about you to maximize the services that we provide to you. Swaade respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy below carefully.

You may change your details at any time by advising us in writing via email. All information Swaade receives from its customers is protected by our secure server. Swaade secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

STORAGE AND SECURITY OF YOUR INFORMATION

We receive and store information you enter on our website or give us in any other way from time to time. You may provide basic contact information such as your name, phone number, address, and email address to enable us to send information or process your product order and we may also collect additional information at other times, including but not limited to, when you provide feedback, change your content or email preferences, respond to a survey, or communicate with Swaade customer support or queries.

We may use personal information collected from you for the purpose of providing you with direct marketing material, updates regarding our website and information in the form of a newsletter. This will only apply if you have registered or subscribed to such publications by your registering your details with us. However if you wish to cease receiving any such information you may let us know either by email or unsubscribing at any time and your request will be actioned as soon as possible.

Individual profile and company details are not used for any other purpose. Details are only supplied to a third party supplier when it is required by law, for goods or services which you have purchased or to protect Swaade copyright, trademarks and other legal rights.

We respect the privacy of our online visitors. We may collect information on or through this website that can personally identify you. For example, we collect personally identifiable information which you volunteer to us to respond to visitor questions and comments about us and our products and services, and to mail e-newsletters (“Personal Data”).

We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. We will not knowingly share any of your Personal Data with any third party other than our service providers who assist us in providing the information and/or services we are providing to you. To the extent that we do share your personal information with a service provider, we would only do so if that party has agreed to comply with our privacy standards as described in this privacy policy. Some of our service providers may be overseas and may not be subject to Australian Privacy Laws. Please contact us if you require specific details.

Any non-personal information, communications and material you send to this website or to us by email, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products.

COOKIES

A cookie is a small file placed in your web browser that collects information about your web browsing behaviour. Use of cookies allows a website to tailor its configuration to your needs and preferences. Cookies do not access information stored on your computer or any personal information (e.g. name, address, email address or telephone number). Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of a website.

Our website uses cookies to analyse website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.

DISCLOSURE OF YOUR INFORMATION

We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, Swaade may use your Personal Data to protect the rights, property or safety of Swaade, its customers or third parties.

Finally, if there is a change of control in one of our businesses (whether by merger, sale, or otherwise), or a sale or transfer of its assets, customer information, which may include your Personal Data, could be disclosed to a potential purchaser under an agreement to maintain confidentiality, or could be sold or transferred as part of that transaction. And finally we would only disclose your information in good faith and where required by any of the above circumstances.

THIRD PARTIES

Swaade does not and will not sell or deal in personal or customer information. We will never disclose your personal details to a third party except the necessary information required by providers of products or services you have purchased or to protect the rights, property or safety of Swaade, its customers or third parties or if required by law.

We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

SECURITY

Swaade strives to ensure the security, integrity and privacy of personal information submitted to our website, and periodically updates its security measures in light of current technologies.

LINKS

This website may contain links to other websites. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Swaade is not responsible for the privacy practices of such other websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.

CHANGE IN PRIVACY POLICY

As we plan to ensure our privacy policy remains current, this policy is subject to change. We may modify this policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on this website. Please return periodically to review our privacy policy.

If you have any questions or concerns at any time about our privacy policy or the use of your personal information, please contact us at enquiries@Swaade.com and we will respond within 48 hours.

Call us directly
0401 511 199
Send an Enquiry
dominic@swaade.com.au

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