Swop.com.au its subsidiaries and associates provide their services to you subject to and conditional upon the following conditions:

PRIVACY

Please review our Privacy Policy which governs your access to and usage of swop.com.au as a member.

COMMUNICATION

As a member of swop.com.au you consent to receive communications from swop.com.au its subsidiaries and associates. You agree all agreements, notices, disclosures and other communications that we provide you satisfies any and all legal requirements required to be communicated in writing.

COPYRIGHT

All content included on this web site such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of swop.com.au for its content supplies and are protected by Australian and International copyright laws. The compilation of all content on this site is the exclusive property of swop.com.au with copyright authorship and protected by Australian and International copyright laws.

TRADEMARKS

Swop.com.au trademarks and trade address may not be used in connection with any product or service that is not the property of swop.com.au in any manner that is likely to cause confusion among customers or that disparages or discredits swop.com.au or the website. All other trademarks not owned by swop.com.au or its subsidiaries that appear on this site are the property of their respective owners who may or may not be affiliated with connected to or sponsored by swop.com.au or its subsidiaries.

LICENCE AND SITE ACCESS

Swop.com.au grants you a limited licence to access and view the site for personal use only and as a user you may not download, modify or otherwise change any portion of it except with the express written consent of swop.com.au. This licence does not include any of the following:

1. Any resale or commercial use of the site or its contents;
2. Any collection in use of any product listings, descriptions or prices;
3. Any derivative use of this site or its contents;
4. Any downloading or copying of account information for the benefit of another merchant;
5. Any use of data mining, robots or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purposes without the express written consent of swop.com.au.

You may not frame or utilise framing techniques to enclose any trademark, logo or other proprietary information, (including images, text page layout or form) of swop.com.au and our associates without express written consent.

You may not use any metatags or any other "hidden text" utilising swop.com.au’s name or trademarks without the express consent of swop.com.au. Any unauthorised use terminates the conditional licence granted by swop.com.au and is without limitation to any remedy available to swop.com.au.

You are granted a limited, revocable and non exclusive right to create a hyperlink to the home page of swop.com.au so long as the link does not portray swop.com.au its subsidiaries or associates or their products or services in a false, misleading, derogatory or otherwise offensive manner.

You may not use any swop.com.au logo or other proprietary graphic or trademark as part of the link without expressory permission.

MEMBERSHIP ACCOUNT

The services of the website are available only to individuals who can form legally binding contracts under applicable law. The services provided are not available to persons under eighteen (18) years of age or temporarily or indefinitely suspended Members. As a Member you acknowledge that you are over the age of eighteen (18) years and able to form a legally binding contract with the relevant parties under the applicable law.

As a Member you therefore irrevocably release and indemnify swop.com.au its subsidiaries and associates from any claim or action that may be brought in connection with your use, access or membership to the website on a full indemnity basis and without limitation.

FEES AND SERVICES

By applying for membership you agree to pay to swop.com.au the Licence Fee as required by swop.com.au. We may change our fee structure and services from time to time without notice and at the sole discretion of swop.com.au and you agree to be bound by the terms and conditions of any changes.

SWOP.COM.AU AS AUCTIONEER/VENDOR

As a user you agree that swop.com.au is not an auctioneer or vendor and does not hold itself out to be either. Swop.com.au provides a venue only for members to offer for trade items at any time from anywhere in a variety of formats. We are not involved in any manner in the actual transaction between members and have no control over the ownership, quality, safety, legality or value of the items of content posted by members on the website, the truth or accuracy of the listings, the eligibility of members to sell items or the ability of members to buy items. We cannot and do not insure, guarantee or warrant any member will actually complete a transaction or act lawfully in using the website.

TRADING

As user authentication on the Internet is difficult, swop.com.au cannot and does not confirm each member's purported identity. As a member you are required to establish your own evaluation as to the identity of the person you are dealing with and we encourage you to communicate with the person directly through the various tools available on the website.

As a user you agree that you will not offer any offensive, illegal or otherwise inappropriate material for trade on the website and you agree that in the event swop.com.au its subsidiaries or associates deem anything placed on offer by you as offensive, illegal or inappropriate they may direct the website administrator to remove any such items for trade at their absolute discretion and you shall have no recourse for any action or claim for compensation.

Swop.com.au may at their absolute discretion either suspend or cancel your membership at the sole discretion of swop.com.au in the event you list any item for trade which is in the absolute opinion of swop.com.au offensive, illegal or inappropriate or otherwise use the website in an inappropriate manner without limitation.

RELEASE

As a user you release swop.com.au its subsidiaries and associates from any and all claims, demands or actions you may have had or may have against swop.com.au its subsidiaries or associates.

DISPUTES

Any dispute in any way relating to your membership or use of the website shall be submitted to confidential arbitration in New South Wales except to the extent that any matter may be raised by swop.com.au its subsidiaries or associates in violation or threatened violation of swop.com.au’s its subsidiaries or associates intellectual property right. As a user you consent to the exclusive jurisdiction and venue of the courts of Australia. The Arbitrator's Order shall be final and binding and may be entered as a judgement in any Court of competent jurisdiction to the fullest extent permitted by the law and no arbitration shall be permitted to be joined to any other arbitration involving any other party whether through class arbitration proceedings or otherwise.

WARRANTY

Swop.com.au its subsidiaries, associates and suppliers provide the website and service on an "as is" basis and without any warranty or condition whether express, implied or statutory. To the fullest extent permitted by law swop.com.au its subsidiaries, associates and suppliers specifically disclaim any implied warranty of title, merchantability, fitness or condition and non-infringement. Furthermore, swop.com.au does not guarantee continuous uninterrupted or secure access to the services provided by the website and operation of the website may be interfered with by numerous factors outside the control of swop.com.au.

LIABILITY

In no case shall swop.com.au its subsidiaries, associates or suppliers be liable for any lost profit or incidental or consequential damage arising out of or in connection with the use of the website or the services provided. As a user you agree to accept sole responsibility for the legality of your actions under the applicable law and agree that swop.com.au its subsidiaries, associates and suppliers have no responsibility for the legality of other user’s actions or inactions and specifically release swop.com.au from any action or claim.

As a user you agree to indemnify and hold harmless swop.com.au its subsidiaries, associates, affiliates, officers, directors, agents, employees or suppliers from any claim, demand, proceedings, losses or damage (actual, special or consequential), of every kind or nature including and not limited to Solicitor fees on a full indemnity basis.

LEGAL COMPLIANCE

As a user you agree to comply with all applicable Australian and International laws, statutes, ordinances and regulations regarding all use and access to the website and server. You alone and not swop.com.au are responsible for confirming that all your activities are lawful and you must ensure that you comply with all applicable law and all clauses of this Agreement and the Privacy Policy and any other terms, conditions or policies incorporated within those documents from time to time.

AGENCY