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Terms & Conditions applicable to members and other users of this website

1. DEFINITIONS

In these conditions the following words have the following meanings unless the context requires otherwise: "Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service; "Information" includes without limit all content, software, data, text, photographs, graphics, sound and video; "Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same; "Liability" means the liability of any nature for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities; "Member" means any person whose membership has been accepted by Us and whose membership remains valid for the time being; "Post" means display, exhibit, publish, distribute, transmit and/or disclose Information on or in connection with the Service, and the phrases "Posted" and "Posting" shall be constructed accordingly; "Profile" means the section of the Service containing details, photographs and/or other Information about You; "Service" means the service provided by Us to You including, but not limited to, Us allowing You to browse the Website, contact and/or be contacted by other Members through the Website and/or Post Information on the Website; "User" means any person who browses the Website; "We, Us, Our" means Swapaskill Ltd, registered office THORNTON HOUSE, RICHMOND HILL, CLIFTON, BRISTOL, BS8 1AT, Company No. 05800323. Tel 07900 904465 "Website" means Our website at URL www.swapaskill.com (or such other URL that We may use to provide the Service from time to time); "You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.

2. ELIGIBILITY

By applying to become a Member You warrant and represent to Us that:

2.1 Membership in the Service is void where prohibited. This Site is intended solely for users who are fourteen (14) years of age or older, and users of the Site under 18 who are currently in secondary school or college. Any registration by, use of or access to the Site by anyone under 14, or by anyone who is under 18 and not in high school or college, is unauthorised, unlicenced and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 14 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. If you are under 18, you will ensure that you have an adult to accompany you if you meet with anyone through the Swapaskill site.

2.2 You have not been convicted of any offence relating to violence and/or any offence under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act); and/or

2.3 You have not been subject to any injunction or any order to pay damages under the Protection from Harassment Act 1997 (or under any statutory enactment replacing and/or amending such Act).

2.4 If You are not able or not willing to give the warranties and representations set out in clause

2.5 above then You must not apply for membership.

3. TYPES OF MEMBERSHIP

3.1 Swapaskill membership is now completely free. All services are completely free of charge to members.

3.2 This excludes any advertising on the website which will be negotiated directly with the client.

4. SWAPASKILL SERVICES

4.1 All Swapaskill members:

(a) may post information about themselves in their profile on the Swapaskill Service. This profile will be visible to Members who make a search which fits with criteria contained in your profile, however some personal information will not appear and this will be made clear when you create your profile. Can register your skills and items you want to swap.

(b) can upload photographs of themselves to their profile (which we may need to crop or adapt appropriately). Photographs must not be pornographic, offensive or be detrimental to the reputation of Swapaskill Service in any way and we reserve the right to remove any photographs that we consider inappropriate;

(c) can invite their friends to join in order to help build the community.

(d) can search for other Members on the Swapaskill Service;

(f) may receive emailed messages sent by Full Members, which will be sent to the email address contained in Your Member Details;

(g) will receive certain types of message sent in order for us to deliver the Service optimally. These are outlined in the privacy policy;

(h) will receive our emailed newsletter

(i) can opt to receive emails selected during the Registration process (as added to, or de-selected, subsequently), such as notification when another Member joins who meets your criteria, and our feedback email recounting Swapaskill success stories. The Newsletter and emails referred to in (g) and (h) above will give the Member an opportunity to opt-out of receiving future Newsletters or emails (as the case may be).

(k) Send email messages to other members

(l) Post success stories which will appear on the site if they are acceptable to us Note that we are not an internet service provider. In order to avail of the Swapaskill Service, you must have internet access, all the software (and skills) required for email and web usage.

5. YOUR OBLIGATIONS AS A MEMBER

5.1 You will not:

5.2 Post Information which breaches, infringes, violates and/or is contrary to any law, by-law, statute and/or regulation or code of conduct or any other parties\' rights (including but not limited to Intellectual Property Rights and/or privacy rights);

5.3 Use Swapaskill as a vehicle for formal trading. This purpose of the Swapaskill website is to enable people to develop friendships and do favours for each other in an informal way.

5.4 misuse in any way the Service or any Information Posted on the Service;

5.5 attempt to gain unauthorized access to any Information available on or via the Service or to any of the networks used in providing the Service;

5.6 Post and/or reproduce in any way any Information in which the Intellectual Property Rights belong to another party without first obtaining the prior consent of the owner of such rights;

5.7 copy, in whole or in part any of the Information on the Website (including, but not limited to any Information contained in other Members" Profiles) other than for the purposes contemplated in this Agreement;

5.8 Post any junk mail, spam, chain letters, pyramid schemes or any similar or fraudulent schemes or any inappropriate form of solicitation; or collection of the responses to any such schemes or solicitation;

5.9 in any way assign, transfer, part with and/or authorize any other person to use, Your membership;

5.10 Post any Information, which in Our opinion is sexually explicit, vulgar, indecent, racist, abusive, invasive of another's privacy, offensive, harmful, threatening, harassing, stalking, inflammatory, sexually suggestive, defamatory and/or obscene; and/or

5.11 Post any Information which in Our opinion is capable of offending others" political and/or religious beliefs.

5.12 Attempt to sell any products or services to any other member on the site You will:

5.13 Use all reasonable endeavours to honour your side of any agreement you make with another member. If you agree to swap skills and exchange favours with another member, you will use all reasonable endeavours to honour your side of the agreement by carrying out the favour you agreed within the timescale agreed. Should you fail to do so, We reserve the right to cancel your membership.

5.14 Take full responsibility for the agreement you make to swap skills and exchange favours with another Swapaskill member. We will have no responsibility or liability for any breech of agreement between you and another member.

5.15 If another member agrees to swap skills with you and does not honour their agreement, you will notify us by emailing us at Complain@swapaskill.com

5.16 will not attempt to mislead other members in any way regarding your identity, experience or capabilities.

5.17 You will use all reasonable endeavours to make reasonable checks on the capabilities and experience of the person you are swapping skills with to ensure their ability to deliver the service you have both agreed.

6. SECURITY

6.1 The Member ID, password and activation code allocated to You are personal to You and are not transferable. You are responsible for keeping them secure and for any use of the Service including any activities by anyone using Your username, password and/or activation code.

6.2 You should protect against unauthorized access to Your computer. Ensure that You sign off when You finish using a shared computer.

6.3 You must notify Us immediately of any apparent breach of security such as loss, theft, or unauthorised disclosure or use of a username or password .and in such cases You should immediately amend Your password using the Service.

7. YOUR PROFILE

7.1 You acknowledge that other Users will be able to view Your Profile.

7.2 We may copy and/or reproduce any Information Posted by You on the Website in any form and in any manner we wish.

7.3 If You Post and/or disclose to other Users any confidential or sensitive Information about Yourself then You do so entirely at your own risk.

7.4 You will be able to view the details and profiles of other Members.

7.5 You warrant and represent to Us that all Information Posted by You:

7.5.1 is accurate, true, complete and is not misleading; and

7.5.2 will be regularly updated by You so that it remains accurate, true, complete and not misleading.

7.6 We reserve the right to review Your Profile from time to time and to amend and/or delete it if We, in Our sole discretion, think that it should be amended and/or deleted.

7.7 In keeping with our policy and values that all our member must be trustworthy, You will provide your full, real name in your profile which all other members will be able to view in your profile.

7.8 If you wish to make contact with other members through the site, you will provide a photo of yourself. If this is not possible you will provide a photo of the skill you are offering. If you do not have a photo of the skill you are offering, you will contact us at admin@swapaskill.com and we will send you a photo you can use.

7.9 Swapaskill Pages are special profiles used solely for commercial, political, or charitable purposes. You may not set up a Swapaskill Page on behalf of another individual or entity unless you are authorized to do so. This includes fan Swapaskill Pages, as well as Swapaskill Pages to support or criticise another individual or entity.

Swapaskill DOES NOT PRE-SCREEN OR APPROVE Swapaskill PAGES, AND CANNOT GUARANTEE SWAPASKILL PAGE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A SWAPASKILL PAGE. NOR IS SWAPASKILL RESPONSIBLE FOR THE CONTENT OF ANY SWAPASKILL PAGE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SWAPASKILL PAGE, INCLUDING HOW THE OWNER OF THE SWAPASKILL PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE _SWAPASKILL PRIVACY POLICY_ IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A SWAPASKILL PAGE.

Swapaskill does not review Swapaskill Pages to determine if they were created by an appropriate party, and is not responsible for any unauthorized Swapaskill Pages that may appear on the Site. If there is any dispute as to whether a Swapaskill Page has been created or is being maintained by an authorized representative of the individual or entity who is the subject of that Swapaskill Page, then Swapaskill shall have sole right, but is not obligated, to resolve such dispute as it determines is appropriate in its sole discretion. Such resolution may include, without limitation, deleting or disabling access to Swapaskill Pages or any portion thereof at any time without notice.

The Swapaskill home page automatically features the most active Swapaskill users and displays the most active members' profiles on the home page. When you register with swapaskill you agree to allow us to feature your profile on the Swapaskill homepage.

8. CANCELLATION / TERMINATION / SUSPENSION

8.1 You may terminate your membership, to do so contact us admin@swapaskill.com

8.2 We may terminate your membership with immediate effect at any time, without cause, upon giving You notice by email.

If:-

8.4 You

8.5 You breach the terms of this Agreement;

8.6 You persistently breach the terms of this Agreement;

8.7 You fail to provide Us within the time limit requested by Us with sufficient Information to enable Us to determine the accuracy and/or validity of any Information Posted by You;

8.8 in Our reasonable opinion, any Information Posted by You is damaging or potentially damaging to Our business or Members or Users, then, without prejudice to any other remedies We may have, clause 8.4 below shall apply.

8.9 If any of the events set out in clause 8.3 above occurs in relation to You then We may immediately and without notice suspend and/or terminate Your access to and/or membership of the Service and You shall not attempt to use the Service or rejoin as a Member.

8.10 This clause 7.5 applies to You only if You are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 http://www.hmso.gov.uk/si/si2000/20002334.htm

8.11 This Agreement continues for so long as you are a Member. Even after termination of this Agreement, certain clauses will continue to apply including clauses 10, 14 and 15 and other clauses necessary to interpret or enforce this Agreement.

9. PERSONAL DATA

9.1 Personal Information collected from You is subject to Our privacy policy.

10. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY

10.1 As between You and Us, All Intellectual Property Rights in connection with the Service shall be owned by Us absolutely.

10.2 You may link to the Service but You may not include the Service in part or in whole within another external website without Our prior written consent.

10.3 You warrant and represent to Us that the Information Posted in Your Profile is Posted by You and that You are the sole author of Your Profile. You assign to Us with full title guarantee all copyright in Your Profile.

10.4 You waive absolutely any and all moral right to be identified as author of Your Profile and any similar rights in any jurisdiction.

10.5 You agree that You will keep confidential and not use, except for purposes contemplated by this Agreement, any and/or all Information relating to the Service which may be disclosed to You or which You may learn, except where such Information is public knowledge or it is required to be disclosed by law.

10.6 We will use Our reasonable commercial endeavours to keep Your personal details such as Your surname, real e-mail address and credit card number(s) (where relevant) confidential and will not disclose such Information, except where such Information is public knowledge or it is required to be disclosed by law.

11. FUNCTIONING OF THE SERVICE

11.1 The Service is provided in its current form and We do not guarantee or warrant that the Service, or any element of the Service will meet Your requirements, purpose and/or expectations.

11.2 We do not guarantee or warrant that any of the Information provided in or via the Service is accurate or reliable. You rely on it at Your own risk.

11.3 Due to the nature of the internet, we do not provide any warranty or guarantee in respect of the Service, results, availability, and/or uninterrupted use of the Service except that We will use Our reasonable endeavours to rectify serious faults as soon as practical though not within any particular timescale.

11.4 We reserve the right to make changes to the Service provided that they do not have a material adverse effect on the quality of the Service.

11.5 We reserve the right to suspend the Service without notice for repair, maintenance or other technical reasons.

12. USE OF THE SERVICE

12.1 The Website is merely a forum for Members to Post Information about themselves and to allow You to make contact with other Members through use of the Service if You choose to do so.

12.2 You should not assume that the Information contained in any profile is necessarily correct and accurate. We do not have an opportunity to check that the profiles are correct and not misleading. We do not make any representation or warranty that the Information contained in any profile is accurate and We are not under any obligation to verify any Information contained in any profile. Before acting on any Information contained in any profile or on any Information received by You through Your use of the Service, You should at Your own expense, carry out such investigation as You think is necessary to satisfy Yourself of the truth and accuracy of such Information. A person may not be who he or she claims to be. If You arrange any meetings with any person through Your use of the Service then You do so at Your own risk. You should take reasonable precautions to ensure Your safety.

12.3 You must comply with Our reasonable instructions concerning use of the Service.

12.4 You must notify us in writing immediately if You become aware of any inappropriate behaviour in connection with the Service.

12.5 We are entitled to delete messages stored on the Service after the period stated in the Help and Information page on the Website. We may also delete messages immediately upon exercising any right of suspension in this Agreement or upon termination of Your membership or this Agreement. It is Your responsibility to store independently any messages that You wish to keep.

12.6 Guest or Full membership does not in any way guarantee that you will find suitable people or suitable matches on the site, or that you will find people who you are interested in contacting, or that you will find suitable matches in your area or in any other area . Similarly, Guest or Full membership does not in any way guarantee that having made contact with a member that they will respond or contact you back as this may not be the case. In all these circumstances you will not be eligible for a refund.

13. THIRD PARTY WEBSITES

13.1 We may link to third party websites. We do not endorse or recommend such websites and You must satisfy yourself that any goods or services referred to thereon are suitable for Your requirements.

14. LIMITATIONS ON LIABILITY

14.1 We shall have no Liability for any defect in the Service caused or contributed to by You and/or any other Member.

14.2 We shall have no Liability to You if any monies owed by You to Us have not been paid in full by the due date for payment.

14.3 You shall give Us a reasonable opportunity to remedy any matter for which We are liable before You incur any costs and/or expenses in remedying the matter Yourself. If You do not do so We shall have no Liability to You.

14.4 You shall produce to Us written evidence of any claims for which it is alleged that We are liable together with written details of how any loss was caused by Us and the steps You have taken to mitigate the loss before We shall have any Liability for the claim by You.

14.5 We shall have no Liability to You to the extent that You are covered by any policy of insurance and You shall ensure that Your insurers waive any and all rights of subrogation they may have against Us.

14.6 We shall have no Liability to You arising out of Your use of the Service and/or Your reliance on any Information Posted by other Members.

14.7 It is possible for other Users and/or unauthorised users to obtain and misuse Information about You as a result of Your use of the Service. We shall have no Liability to You arising out of any Member\'s and/or unauthorised User\'s misuse of Information Posted by You on the Service and/or to other Members.

14.8 We shall have no Liability to You for any:-

14.8.1 consequential, special or indirect losses;

14.8.2 economic and/or other similar losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or

14.8.3 damage to or loss of goodwill, reputation or data.

14.9 You shall be under a duty to mitigate any loss, damage, costs or expenses that You may suffer.

14.10 Without prejudice to the foregoing, our total Liability to You under and/or arising in relation to this Agreement for any one event or series of events shall not exceed 5 times the amount paid by You for the Service (if any) in the 12 months before the events complained of.

14.11 Nothing in this Agreement shall exclude or limit Our Liability for death or personal injury due to Our negligence or any Liability which is due to Our fraud or any other Liability which We are not permitted to exclude or limit as a matter of law.

14.12 Nothing in this Contract shall exclude or limit any of Your statutory rights which may not be excluded or limited due to You acting as a consumer.

14.13 We shall have no Liability to You for any delay in performance of this Service and/or any other matters to the extent that such events and/or matters are due to any events outside Our reasonable control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

14.14 This section (and any other clause excluding or limiting Our liability) applies to Our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

14.15 While the administrators of Swapaskill will attempt to remove all objectionable material from member's profiles as quickly as possible, it is impossible to review every profile quickly enough to guarantee that any objectionable material will be removed immediately. Swapaskill is therefore not liable for any offensive or objectionable material contained within the profile of any of its members.

15. INDEMNITY

15.1 You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of the Service, Information and/or other material Posted on or via the Service by You and/or arising from or due to any breach of contract, any tortuous act and/or omission and/or any breach of statutory duty by You.

16. GENERAL

16.1 Headings above are for guidance and not binding.

16.2 All third party rights are excluded and no third parties shall have any right to enforce this Agreement under the Contracts (Rights of Third Parties) Act 1999 or otherwise. This shall not apply to members of Our group who shall have the right to enforce this Agreement as if they were Us and to the persons mentioned in clause 14.14 above.

16.3 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

16.4 This Agreement contains the entire agreement between You and Us. If any provision of this Agreement is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of this Agreement and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.

16.5 We may assign all or part of Our rights or duties under this Agreement; You may not do without Our prior written consent.

16.6 Unless otherwise stated in this Agreement all notices in writing shall be sent by email to the most recent email address specified by You on the Service (in Your case) and by email to admin@swapaskill.com (in Our case).

16.7 This Agreement is governed by and interpreted in accordance with English law and the parties agree to submit to the exclusive jurisdiction of the English courts.

17. BASIS OF CONTRACT

17.1 If you are applying for membership, you agree to be bound by these terms and conditions for the provision of the Service. If you are a User, who is not a Member, your use of the Website constitutes your agreement to be bound by these terms and conditions insofar as they are relevant to use of the Website by non-Members.

17.2 These terms and conditions (as amended by Us from time to time in accordance with clause 3.4 (above) shall apply to the exclusion of any other terms or conditions and You agree to abide by them.

17.3 Any renewal of Your membership is subject to Our then applicable terms and conditions.

17.4 We reserve the right to vary these terms and conditions at any time. If so , the updated version will be posted on the terms and conditions page of the Website You will bound by the updated version if You continue to use the Service thereafter.

17.5 Our employees, sub-contractors and/or agents are not authorised to make any representations or warranties concerning the Service unless confirmed by Us in writing.

17.6 You acknowledge that You do not rely on any representation and/or warranty that has not been made in accordance with these terms and conditions.

17.7 We reserve the right to monitor and at Our option to remove for any reason any Information Posted by You.

17.8 We shall have the right at Our option to refuse to grant applications for membership and to terminate memberships at any time.

17.9 The Agreement between You and Us shall come into effect on Our acceptance of Your application for membership. No application for membership shall be deemed to be accepted by Us until You have received confirmation of Your membership from Us by e-mail.

a favour for a friend