| Swap
Club Terms and Conditions |
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Welcome
to Swapclub, New Zealand's online place to swap your
unwanted 'stuff' for other 'stuff' you do want.
General
Membership
Listing Rules
Credit Accounts
General Provisions
General
Acceptance of terms and conditions
and Amendments
:
By registering as a member of Swapclub.co.nz,
you accept the terms and conditions that follow. If
you do not accept these terms and conditions, you should
not register as a member or stop using this service
without delay. We reserve the right
to amend these terms and conditions at our discretion
at any time. You should regularly review the terms
and conditions. We will not inform you of any changes
that are made. Your continued use represents your agreement
and acceptance of these terms and conditions.
Our services:
Swapclub provides a venue for members
who want to swap items. Swapclub does not directly
take any part in the swapping or trading of goods other
than by providing our website as a venue for members
to trade items by the described method. We do not act
as agent for either party and do not participate in
the swap process between you and other members. Although
we make reference to being a club we are not a club
nor are we registered as a club.
We reserve the right to modify and
amend our services at our discretion at any time without
warning. This includes, without limitations, all Swapclub
processes and methods, as well as the Swapclub credit
points system and recommended credit values
or any fees.
At your own risk:
Participating as a Swapclub member
is conducted entirely at your own risk. You agree that
Swapclub takes no responsibility or liability for any
misconduct of any of its members including, without
limitation, members that have registered under false
pretences or who attempt to defraud you. Swapclub gives
no undertakings, representations, or warranties in
relation to items listed on the website, including:
about ownership of any item; as to the content, safety,
description, worthiness, quality, or legality of the
items that are listed on the website; as to the accuracy
or truth of listings; that any item will meet your
requirements or expectations; or about the ability
of members to complete a transaction.
Membership
Becoming
a Member:
You may only register as a member if you are willing
to fulfil all the obligations and rules outlined in
these terms and conditions. You must read and agree
to these terms and conditions before becoming a member.
Accurate Information:
You warrant that you have provided
complete, accurate and current personal information
when registering as a member. You must maintain and
update your personal information held by Swapclub to
ensure it is kept current at all times. You must not
register as a member under multiple identities or personas
(whether false or not). Swapclub reserves the right
to confirm these details
by any means.
Termination of membership:
Swapclub reserves the right to decline
to register or to terminate your membership without
entering into further discussions with you. Without
limitation, Swapclub may terminate your membership
if a serious complaint or multiple complaints are received
about you from other members, you breach these terms
and conditions, you impersonate another member, or
we, at our sole discretion, deem your behaviour to
be unacceptable. Members who have registered under
multiple aliases will have all of their aliases disabled.
No refunds of membership fees will be made and all
credit points will be forfeited on termination of membership.
Security of your login information:
You are responsible for keeping your
login information, including your email address and
password, secret and secure. Without limiting the foregoing,
you agree not to permit any other person to use your
username or membership; and not to disclose, or provide
to any other person, your password, email address,
or any information that may allow them to gain access
to your membership.
Specific obligations as a member:
- When you list
an item with Swapclub, you do so with the intention
of swapping this item by the Swapclub processes.
Therefore you should not advertise your item through
another forum for sale, exchange or auction whilst
listed on Swapclub.
- You agree to
regularly check your email and the Swapclub website
for requests from other members. Failure to fulfil
requests may result in your membership being suspended
or terminated.
- You must provide
a delivery address that is serviced by NZ Post
Ltd.
- You will only
place listings for items that exist and that you
are willing to swap for no monetary gain. You will
not list items that you are not legally entitled
to sell, or trade or are not in your legal possession.
- You must post an item within
the specified timeframe. Failure to do so may result
in your membership being suspended or terminated.
- You agree to pay for postage for an item to any residential, industrial or commercial
address serviced by NZ Post Ltd when it is requested from you.
- You must agree
to confirm that you have posted an item by the
means provided on the website.
- You must agree
to leave feedback for every swap you are part of.
- You must agree
to confirm that you have received an item by the
means provided on the website.
- You may not
request a swap or be party to a swap that has been
listed by a family member, flatmate, friend or
any member that is personally known to you, in
order to defraud or for any other reason.
- Swapclub membership
is not transferable and cannot be sold or traded.
- You agree to
your shipping address, username and email being
made public to members from whom you have requested
an item.
Listing Rules
General:
- Any item that
you have listed must be available for swapping
for the duration of the listing..
- Items may be
delisted but you must maintain a minimum Swapclub
credit value for your account to stay active when
you join for free.
- Items must
be accurately described.
- You shall not list your email
address, phone number or any other contact detail
within the description of your listings.
- You must not
complete a transaction outside of the Swapclub
process.
- If you list an item and it is
not received at the destination, you may receive
a warning from Swapclub. At any time after this warning
we reserve the right to suspend or terminate your
membership.
- Listings are
not pre-screened for content. Swapclub reserves
the right to remove any listing that it deems unsuitable
or in breach of the terms and conditions.
- No x-rated adult material is
allowed.
- The trading of films, videos,
DVDs, VCDs and laser disks is covered by the Films,
Videos and Publications Classification Act 1993.
It is an offence to trade any of these items if they
have not been examined and classified by the appropriate
agencies. When listing these items for swapping,
you must include within your listing, the New Zealand
classification rating and all information on the
classification label.
- Swapclub reserves the right to
ask for proof of postage for any current or future
swaps you may be part of.
Feedback requirements and
rules:
- Feedback is
provided for the sole purpose of facilitating swapping
between members on the Swapclub website.
- Feedback you
provide on other members must not contain offensive,
defamatory or inappropriate language. Swapclub
reserves the sole right to determine what is considered
offensive, defamatory or inappropriate language.
- You must not
post feedback about yourself or include any contact
details or personal information in your feedback.
Credit Accounts
Swapclub
Fees:
- Swapclub reserves the right to
charge fees for the use of the web site as a venue.
Currently membership is free when you join under
our "free membership offer".
Swapclub Credit Accounts:
- Swapclub maintains Swapclub
credit accounts for each member from which debits
and credits are made for the purpose of swapping.
These accounts do not represent or have any monetary
value. The word "credit" does
not infer they may be used for the purchase of goods
or any other use other than that for which they were
intended by Swapclub.
- Credit points
are not redeemable for cash or goods. They do
not represent any form of credit other than what
was intended by Swapclub.
- You cannot request
a swap if you do not have enough points in your
credit account.
- If your membership
is terminated or lapses for whatever reason,
any points that are in your account are forfeited
and will be null and void for your use. You agree
that you will not pursue Swapclub for any refund
or compensation should your membership be terminated.
- Credit points
are not transferable to other members and must
be used for their intended purpose.
- Pending credit
points do not become usable until the transaction
is confirmed.
General Provisions
Resolution of disputes:
Swapclub is not party to any swap
that you may be part of. As such, you agree not to
involve, or attempt to involve Swapclub in any dispute
or in the resolution of disputes that arise between
you and another member as a result of the services
provided by Swapclub. Disputed swaps may be reported
but only for the purposes of informing us. Any action
taken, if any, is at our sole discretion.
Intellectual Property Rights:
Swapclub owns all proprietary and
intellectual property rights in the website (including
text, graphics, logos, icons and sound recordings)
and the software and other material underlying and
forming part of the services and the website. You
may not without our prior written permission, in any
form or by any means: Adapt, reproduce, copy, store,
distribute, print, display, perform, publish or create
derivative works from any part of this website; or
commercialise, copy, or on-sell any information, or
items obtained from any part of this website.
Privacy:
Swapclub may collect personal information
about you through your use of the services and the
website. You agree that Swapclub may use this personal
information to assist us to provide the services to
you, for internal research purposes, to verify your
identity, for promoting and marketing other Swapclub
products and services to you, and for any other use
that you authorise.
We will not sell or allow third parties
to access your personal information without your consent,
however you agree that Swapclub may disclose your personal
information, including your name and contact details,
to the relevant authorities, parties and/or the applicable
intellectual property right holders (or their representatives)
if we consider that you are in breach of this clause
at any time.
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