1. Parties and acceptance
These Terms and Conditions ("Terms") are between you ("User", "you") and Swopsee Ltd ("Swopsee", "we", "us"), a company registered in England and Wales. By accessing or using the Swopsee website, mobile application, or related services (together, the "Service"), you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Definitions
- Service — The Swopsee platform (web and app), including browsing, listing, swapping, buying, messaging, and related features.
- User Content — Any content you submit (listings, photos, descriptions, messages, reviews, profile information).
- Listings — Items you offer for swap or sale on the Service.
- Swaps — Transactions where users exchange items (with or without cash adjustment).
- Purchases — Transactions where a user buys an item from another user for money.
- Buyer Protection / Swapper Protection — Optional or mandatory protection schemes described on the Service.
3. Account and eligibility
You must be at least 18 years old and resident in the United Kingdom (or another jurisdiction we support) to use the Service. You must provide accurate, current information and keep it updated. One account per person; you are responsible for all activity under your account and for keeping your credentials secure.
4. Use of the service
Permitted use. You may use the Service only for lawful purposes: listing items you have the right to offer, conducting swaps or purchases in good faith, and communicating in a respectful manner.
Prohibited conduct. You must not: commit fraud or misrepresentation; list counterfeit, stolen, or illegal items; harass, abuse, or threaten others; circumvent fees or security measures; use bots or automated tools to scrape or manipulate the Service; resell or commercially exploit the Service without our consent; or violate any applicable law. We may remove content and suspend or terminate accounts for breach.
Listing and content standards. Listings and User Content must be accurate, not misleading, and must not infringe third-party rights. We may remove or reject content that does not meet our standards.
5. Transactions
Transactions on Swopsee are between users (consumer-to-consumer). Swopsee is a platform and is not a party to any swap or purchase contract. We facilitate discovery, messaging, and (where applicable) payment and protection mechanisms, but the contract is between buyer and seller (or swapper and swapper). You are responsible for fulfilling your side of the transaction and for resolving disputes with the other user where we are not obligated to intervene. Our Buyer Protection and Swapper Protection schemes (and any dispute process we offer) are subject to their specific rules and eligibility criteria as described on the Service.
6. Fees and payment
Browsing and basic use may be free. We may charge platform fees (e.g. Buyer Protection, Swapper Protection, or other fees) as displayed at the point of transaction. Fees are in GBP unless stated otherwise. Refunds are governed by our refund policy and applicable law; where we hold funds in escrow, release is subject to our protection rules. You are responsible for any taxes that apply to you.
7. Intellectual property
Swopsee and its branding, design, and technology are owned by Swopsee Ltd or our licensors. You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, store, display, and distribute that content as necessary to operate, promote, and improve the Service (including in the app and on the website).
8. Privacy and data
Our collection and use of personal data is described in our Privacy Policy. By using the Service you consent to that processing. We process data on lawful bases (contract, consent, legitimate interests, legal obligation) and retain data as set out in the Privacy Policy. You have rights (e.g. access, rectification, erasure, portability, objection) as described there.
9. Limitation of liability
To the fullest extent permitted by applicable law (including the laws of England and Wales), Swopsee Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive loss or damage (including loss of profit, data, or goodwill) arising from your use of the Service or any transaction with another user. Our total liability to you for any claim arising from or relating to these Terms or the Service shall not exceed the greater of (a) the fees you paid to us in the 12 months before the claim, or (b) £100. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.
10. Indemnity
You agree to indemnify and hold harmless Swopsee Ltd, its directors, employees, and agents from any claims, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, your User Content, your use of the Service, or any transaction you enter into with another user.
11. Termination
We may suspend or terminate your account and access to the Service at any time for breach of these Terms or for any other reason. You may close your account in accordance with in-app or website options. On termination, your right to use the Service ceases. Pending transactions may be handled in line with our policies and applicable law. Clauses that by their nature should survive (including limitations of liability, indemnity, and governing law) will survive termination.
12. Changes to terms
We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service and/or by email or in-app notice. Your continued use of the Service after the effective date of the new Terms constitutes acceptance. If you do not agree, you must stop using the Service and may close your account.
13. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales, save that we may bring proceedings in your country of residence.
14. Contact
For questions about these Terms, contact Swopsee Ltd:
- Website: www.swopsee.co.uk
- Email: [email protected] (or the contact address published on the Service)
Swopsee Ltd is a company registered in England and Wales. Company number and registered office address are as stated on the Service or at Companies House.