Terms of Service
Last updated: January 1, 2025 · Effective immediately upon account creation.
Please read these terms carefully. By creating an account or using Swap-Pam, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the platform.
1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Swap-Pam ("we", "us", "our") governing your use of our gadget exchange platform, website, and related services (collectively, the "Platform").
By accessing or using the Platform, registering an account, or clicking "I Agree," you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you are using the Platform on behalf of a business or organisation, you represent that you have authority to bind that entity to these Terms.
2. Eligibility
To use Swap-Pam, you must:
- Be at least 18 years old (or the age of legal majority in your jurisdiction).
- Have the legal capacity to enter into binding agreements.
- Not be prohibited from using the service under applicable laws.
- Not have a previously terminated account unless we expressly permit re-registration.
By using the Platform, you represent and warrant that you meet all eligibility requirements.
3. Account Responsibilities
You are responsible for:
- Providing accurate, complete, and current registration information.
- Maintaining the confidentiality of your login credentials.
- All activity that occurs under your account, whether authorised by you or not.
- Notifying us immediately at malum.herman@gmail.com if you suspect unauthorised access.
You may not share your account with others or create multiple accounts to circumvent platform rules. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Platform Use
Swap-Pam provides a marketplace for users to list, browse, and exchange gadgets. We are a facilitator, not a party to any swap transaction between users.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform:
- In any way that violates applicable local, national, or international law.
- To transmit unsolicited or unauthorised advertising material.
- To impersonate any person or misrepresent your affiliation.
- In any way that could disable, overburden, or damage the Platform infrastructure.
5. Swapping Rules
All swaps are conducted directly between users. Swap-Pam does not take possession of, inspect, or guarantee the quality of any gadget listed on the platform.
When initiating or accepting a swap, you agree that:
- You have the legal right to exchange the gadget you are offering.
- The gadget is accurately described, including condition, defects, and any accessories.
- Gadgets must not be stolen, counterfeit, or illegally modified.
- You will honour a confirmed swap agreement.
Swap-Pam may, at its discretion, mediate disputes between users but is not obligated to resolve swap disagreements. We reserve the right to remove listings and suspend users involved in fraudulent swap activity.
6. Store Accounts
Store accounts allow users to operate as a verified gadget vendor on the platform. Store accounts require approval from the Swap-Pam team and are subject to additional verification.
Store operators agree to:
- Provide accurate business information during the application process.
- Maintain a standard of service consistent with platform expectations.
- Respond to swap requests and messages within a reasonable timeframe.
- Not engage in price manipulation, fake listings, or deceptive practices.
We reserve the right to revoke store status, remove listings, and suspend store accounts for any violation of these Terms or our Store Guidelines.
7. Prohibited Conduct
You must not engage in any of the following:
- Listing gadgets that are stolen, counterfeit, or obtained illegally.
- Harassing, threatening, or abusing other users.
- Posting false or misleading information about gadgets or yourself.
- Attempting to bypass platform security measures.
- Using bots, scrapers, or automated tools without written permission.
- Attempting to conduct transactions outside the platform to avoid rules.
- Posting spam, malware links, or phishing content.
- Discriminating against users based on race, gender, religion, nationality, disability, sexual orientation, or age.
Violations may result in immediate account suspension or permanent ban.
8. User Content
You retain ownership of any content you submit to the Platform, including gadget listings, photos, messages, and profile information ("User Content").
By submitting User Content, you grant Swap-Pam a non-exclusive, worldwide, royalty-free, sublicensable licence to use, copy, display, and distribute your User Content solely for the purpose of operating and promoting the Platform.
You represent that your User Content does not infringe any third-party rights and complies with all applicable laws. We reserve the right to remove any User Content that violates these Terms without notice.
9. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share information about you when you use the Platform.
By using Swap-Pam, you agree to our collection and use of your information as described in the Privacy Policy.
10. Intellectual Property
The Platform, including its design, code, branding, logos, and content created by Swap-Pam, is protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Platform without our express written permission.
The Swap-Pam name and logo are trademarks of Swap-Pam. Unauthorised use is strictly prohibited.
11. Disclaimers
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
Swap-Pam does not warrant that:
- The Platform will be uninterrupted, error-free, or secure.
- Any information on the Platform is accurate, complete, or current.
- Any gadget listed meets your expectations or is fit for purpose.
We are a marketplace facilitator and are not responsible for the quality, safety, legality, or availability of any gadget listed by users.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWAP-PAM AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:
- Your use of or inability to use the Platform.
- Any swap transaction between users.
- Unauthorised access to your account.
- Any loss of data or gadgets.
Our total liability to you for any claim arising from these Terms shall not exceed the greater of (a) USD $100, or (b) the amount you paid us in the 12 months preceding the claim.
13. Termination
You may close your account at any time by contacting us at malum.herman@gmail.com.
We may suspend or terminate your access to the Platform immediately, without notice or liability, if:
- You breach any of these Terms.
- We are required to do so by law.
- We reasonably believe termination is necessary to protect the Platform or other users.
Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including intellectual property, disclaimers, and limitation of liability) will remain in effect.
14. Changes to Terms
We reserve the right to update these Terms at any time. When we make material changes, we will notify you by:
- Posting the updated Terms on this page with a new "Last Updated" date.
- Sending you an email notification (for material changes).
- Displaying a notice in the platform dashboard.
Your continued use of the Platform after any changes constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, please discontinue using the Platform.
15. Contact Us
If you have questions about these Terms or need to report a violation, please contact us:
Email: malum.herman@gmail.com
Contact Form: contact.php
Platform: Swap-Pam — Gadget Exchange Platform
These Terms are effective as of January 1, 2025. For the Privacy Policy, visit privacy.php.