Terms & Conditions

1Introduction

1.1Welcome to Swapaya. These Terms and Conditions ("Terms") govern your access to and use of the Swapaya mobile application, website (if applicable), and all related products, services and features (collectively, the "Platform"). By creating an account, accessing the Platform, or using any of its features, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Platform.

1.2These Terms constitute a legally binding agreement between you and Digvijay Singh, a sole trader established in England and Wales, whose contact address is Flat 503 Dillon House, 5 Bowen Drive, London SE7 7GB, United Kingdom, trading as "Swapaya" ("Swapaya", "we", "our" or "us"), and every person who accesses or uses the Platform ("User" or "you"). These Terms should be read together with our:

• Privacy Policy;
• Platform Policies;
• any additional policies or guidelines published by Swapaya from time to time

Those documents form part of these Terms and are incorporated into them by reference. If there is any conflict between these Terms and a Platform Policy, these Terms will prevail unless the relevant Platform Policy expressly states that it overrides a particular provision of these Terms.

2The Nature of Swapaya

2.1Swapaya is a peer-to-peer digital marketplace designed to enable individuals to exchange goods directly with one another without the use of money as consideration for the exchange. The Platform exists to facilitate connections between Users who wish to offer items they no longer need in exchange for other goods that may be of value to them.

2.2Swapaya does not:

• buy or sell goods;
• take ownership of listed items;
• inspect, verify or authenticate items;
• determine the value of any item;
• negotiate swaps on behalf of Users;
• act as an agent, broker, auctioneer or reseller;
• store, transport or deliver items;
• guarantee that any listing is accurate;
• guarantee that any User owns an item they list;
• guarantee that any swap will be completed.

2.3Every swap is negotiated and agreed exclusively between the participating Users. Swapaya's role is limited to providing the digital infrastructure that allows Users to:

• create listings;
• discover items;
• communicate with one another;
• propose and negotiate swaps;
• arrange meetings;
• record completion of a swap through the Platform's verification features.

2.4Although the Platform may provide recommendations, automated suggestions, safety information, meeting assistance or artificial intelligence features, these are intended solely to assist Users and do not replace their own judgement. Users remain solely responsible for evaluating:

• the suitability of another User;
• the condition of any item;
• the legality of a proposed swap;
• the safety of any meeting arranged outside the Platform.

2.5Swapaya is founded on the principles of sustainability, reuse and responsible consumption. Our objective is to encourage the continued use of products that might otherwise become waste, helping to extend product lifecycles and promote a more circular economy. These objectives describe the purpose of the Platform and do not constitute guarantees regarding environmental impact or outcomes resulting from the use of the Platform.

3Definitions

In these Terms, unless the context requires otherwise, the following expressions have the meanings set out below.

Account means a registered user profile created to access the Platform.

AI Features means any artificial intelligence or machine-learning functionality made available through the Platform, including but not limited to automated listing generation, image analysis, category suggestions, condition assessments, content moderation assistance, and recommendation systems.

Content means any information, photograph, image, text, video, message, review, profile information or other material uploaded, submitted or generated by a User through the Platform.

Item means any physical good listed by a User for the purpose of being exchanged through the Platform.

Listing means the advertisement created by a User offering an Item for exchange.

Offer means a proposal made by one User to exchange one or more Items for another Item listed on the Platform.

Platform means the Swapaya mobile application, website (where applicable), software, systems, services and related features provided by Swapaya.

Platform Policies means the policies published separately by Swapaya, including the Community Guidelines, Acceptable Use Policy, Prohibited Items Policy, AI Transparency Policy, Safety Guidelines, Intellectual Property Policy, Notice and Takedown Policy and Content Moderation & Appeals Policy, as amended from time to time.

QR Verification means any verification mechanism provided by Swapaya to assist Users in confirming that a swap has been completed, including QR codes, verification codes or any equivalent technology introduced in the future.

Services means all services and functionalities made available through the Platform.

Swap means an agreement between two or more Users to exchange Items without monetary consideration.

User means any individual who accesses or uses the Platform, whether or not they have created an Account.

User Content means any Content created, uploaded or submitted by a User.

4Eligibility

4.1Eligibility to use the Platform

The Platform is intended for private individuals who wish to exchange goods for personal, non-commercial purposes.

To create an Account or use the Platform, you must be at least 18 years old, have the legal capacity to enter into binding agreements and comply with all laws applicable to your use of the Platform.

By creating an Account, you confirm that you satisfy these requirements.

The Platform is not intended for children. If Swapaya reasonably believes that an Account has been created or operated by a person under the age of 18, we may suspend or permanently close that Account without prior notice according to enforcement rules set forth in Section 13 of this agreement.

4.2Personal Use only

Swapaya is designed for individuals exchanging their own property.

Unless expressly authorised by Swapaya, you must not use the Platform as part of a business, trade or professional activity or for the purpose of selling or exchanging commercial inventory.

We may consider the frequency of Listings, the nature of the Items offered and any other relevant circumstances when determining whether an Account is being used for commercial purposes.

4.3Availability

The Platform may not be available in every country or territory.

You are responsible for ensuring that your access to and use of the Platform complies with the laws applicable where you live and where any Swap takes place.

Swapaya may restrict or withdraw access to the Platform in any jurisdiction where it is reasonably necessary for legal, regulatory, security or operational reasons.

4.4Previous Suspensions

You must not create a new Account if a previous Account has been permanently terminated or while you are subject to a suspension imposed by Swapaya.

Creating additional Accounts to avoid restrictions or enforcement action is prohibited.

5User Accounts

5.1Creating an Account

You must create an Account before you can publish Listings, communicate with other Users or participate in Swaps.

When registering, you must provide accurate, complete and up-to-date information. You are responsible for ensuring that your Account information remains accurate throughout your use of the Platform.

You must not impersonate another person, provide false information or create an Account using details that you are not authorised to use.

5.2Verification

Swapaya requires Users to verify their email address before accessing the full functionality of the Platform.

Where a telephone number is provided, we may also require it to be verified.

Email or telephone verification confirms only that the relevant communication channel is controlled by the User. It does not verify identity, ownership of any Item or the accuracy of information published on the Platform.

Users remain responsible for exercising their own judgement before agreeing to a Swap.

5.3One Account per User

Unless we agree otherwise, each User may maintain only one Account.

Accounts are personal and may not be transferred, shared, sold or made available to another person.

Where we reasonably believe that multiple Accounts are being used to manipulate the Platform or circumvent these Terms, we may restrict, suspend or terminate those Accounts.

5.4Public profile information

Certain information relating to your Account may be visible to other Users, including your username, profile photograph, approximate location, public Listings and reputation information generated through your activity on the Platform.

Your contact details and other personal information will be handled in accordance with our Privacy Policy and will not be made publicly available except where you choose to disclose them or where disclosure is necessary for the operation of a Platform feature.

5.5Account Security

You are responsible for maintaining the confidentiality of your login credentials and for taking reasonable steps to prevent unauthorised access to your Account.

If you believe that your Account has been compromised, you should notify Swapaya as soon as reasonably possible.

Where we reasonably suspect unauthorised access, fraudulent activity or another security risk, we may temporarily restrict or suspend the Account in accordance with Section 13 while the matter is investigated.

5.6Closing your Account

You may close your Account at any time through the Platform.

Closing an Account does not affect obligations arising from an agreed Swap, ongoing investigations, legal obligations or any rights that accrued before the Account was closed.

Information relating to Account deletion and data retention is set out in our Privacy Policy.

6Using the Platform

6.1Permitted use

You may use the Platform only for lawful, personal and non-commercial purposes and only in accordance with these Terms and the Platform Policies.

You are responsible for the Listings you publish, the Offers you make, the messages you send and every other activity carried out through your Account.

6.2Your Responsibilities

When using the Platform, you must act honestly, communicate respectfully with other Users and provide accurate information at all times.

You remain responsible for deciding whether another User appears trustworthy, whether an Item is suitable for you and whether to proceed with any proposed Swap.

Nothing on the Platform should be interpreted as replacing your own judgement.

6.3Messaging

The Platform includes messaging features to allow Users to discuss Listings and arrange Swaps.

Messages must be used only for genuine Platform-related communications and must not be used to harass other Users, distribute spam, promote unrelated goods or services or engage in unlawful or abusive conduct.

To protect the Platform and its Users, Swapaya may process messages for security, fraud prevention, moderation and compliance with applicable law, as explained in our Privacy Policy.

6.4Reporting and blocking

Users may report Listings, messages or Accounts that they reasonably believe breach these Terms or the Platform Policies.

Users may also block other Users through the Platform's safety features.

Swapaya will review reports in accordance with its Content Moderation and Appeals Policy but does not guarantee that every report will result in enforcement action.

6.5Platform availability

Although we aim to provide a reliable service, we do not guarantee that the Platform will always be available or operate without interruption.

From time to time we may suspend, modify or discontinue parts of the Platform for maintenance, security, legal compliance or operational reasons.

Where reasonably practicable, we will provide advance notice of significant planned interruptions.

6.6Changes to the Platform

Swapaya continually develops and improves the Platform.

We may introduce new features, modify existing functionality or discontinue features where reasonably necessary for technical, legal, security or commercial reasons.

No User has a right to the continued availability of any particular feature or functionality.

7Listings

7.1Creating a Listing

Users may create Listings offering Items they wish to exchange with other Users.

Each Listing should accurately describe the Item and include sufficient information for another User to make an informed decision about whether to propose a Swap.

Where appropriate, Listings should include clear photographs showing the Item's overall condition together with any significant defects or damage.

7.2AI-assisted Listings

Swapaya may use artificial intelligence to assist Users by suggesting Listing titles, descriptions, categories, conditions or other information based on photographs or information provided by the User.

These suggestions are provided for convenience only.

Before publishing a Listing, you must review all AI-generated information and ensure that the final Listing accurately describes the Item being offered.

You remain solely responsible for the content of every Listing published through your Account.

7.3Accuracy of Listings

Listings must be accurate, complete and not misleading.

You should disclose any information that could reasonably influence another User's decision to proceed with a Swap, including significant defects, missing parts, damage, alterations or other material characteristics of the Item.

Photographs must show the actual Item being offered unless Swapaya expressly permits another type of image.

You must not:

• use stock images in a misleading way;
• conceal or misrepresent defects;
• use inaccurate categories or keywords to manipulate search results;
• include false claims about an Item’s origin, authenticity, condition or value;
• offer an Item that is not available; or
• create duplicate or misleading Listings.

7.4Ownership of the Items

By publishing a Listing, you confirm that you own the Item or have the legal authority to exchange it.

Swapaya does not verify ownership of Items and accepts no responsibility for disputes relating to ownership, authenticity or title.

7.5Permitted and prohibited Items

Only Items that may lawfully be possessed and exchanged may be listed on the Platform.

Certain categories of Items are prohibited because they present legal, safety or operational risks. The complete list is set out in the Prohibited Items Policy, which forms part of these Terms.

Swapaya may remove any Listing that, in our reasonable opinion, breaches these Terms, the Platform Policies or applicable law.

7.6Listings are for Swaps only

Listings must be created for the purpose of exchanging Items.

The Platform must not be used to advertise Items for sale, request monetary payment or promote transactions that fall outside the barter model on which Swapaya does not assign values to Items or determine whether a proposed exchange is fair. Every User remains responsible for deciding whether a proposed Swap is acceptable. Swapaya operates.

7.7Managing Listings

Users may edit or remove a Listing at any time before a Swap has been agreed.

Once a Swap has been agreed, Swapaya may restrict changes to the relevant Listing where this is necessary to preserve an accurate record of the transaction or support the operation of the Platform.

Removing a Listing does not remove responsibility for:

• statements already made to another User;
• breaches of these Terms;
• an accepted Swap;
• a pending safety or moderation investigation; or
• legal obligations arising before removal.

7.8Listing status and availability

A Listing remains available unless:

• the User removes it;
• the Item becomes unavailable;
• a Swap involving the Item is accepted by both participating Users;
• Swapaya removes or restricts the Listing; or
• the Account is suspended, restricted or closed.

Listings do not currently expire automatically, although Swapaya may introduce expiry, renewal or inactivity rules in the future.

You must promptly remove or update a Listing if the Item is no longer available or the Listing is no longer accurate.

7.9Offers and availability

A User may receive more than one Offer for an available Item.

The existence of an Offer does not reserve the Item and does not prevent the owner from considering other Offers.

An Item becomes unavailable through the Platform when a Swap involving that Item has been accepted by both participating Users.

When an Offer is accepted, Swapaya may automatically cancel or close other pending Offers involving the same Item.

Further rules regarding Offers, acceptance and cancellation are set out in Section 8.

7.10Review and removal by Swapaya

Swapaya may use automated systems and manual review to assess Listings.

We may review and moderate Listings in accordance with Section 13 and the Content Moderation and Appeals Policy. Where we reasonably believe that a Listing breaches these Terms, the Platform Policies or applicable law, we may take appropriate enforcement action. Where appropriate, we may notify you of the reason for our decision and provide information about any available appeal process.

7.11No guarantee of approval or visibility

Publication of a Listing does not mean that Swapaya has:

• a. approved the Item;
• b. verified the Item’s legality;
• c. confirmed ownership;
• d. authenticated the Item;
• e. inspected its condition or safety;
• f. endorsed the User; or
• g. guaranteed that the Listing will result in a Swap.

You remain responsible for the Item and the Listing at all times.

8Offers and Swaps

8.1Making an offer

A User may express interest in a Listing by submitting an Offer through the Platform. An Offer represents a genuine proposal to exchange one or more Items for the Item described in the Listing.

Submitting an Offer does not create a legally binding agreement between the Users. Either User may withdraw from negotiations at any time before an Offer has been accepted.

Users should only submit Offers that they genuinely intend to honour.

8.2Accepting an Offer

The owner of a Listing may accept, reject or ignore any Offer received.

Once an Offer has been accepted through the Platform, a Swap is considered agreed between the participating Users. At that stage, both Users are expected to act in good faith to arrange completion of the Swap.

Acceptance of an Offer does not transfer ownership of any Item. Ownership and possession transfer only when the Users voluntarily exchange the relevant Items.

8.3Arranging the Swap

Following acceptance of an Offer, Users may communicate through the Platform to arrange a mutually convenient meeting.

Swapaya does not arrange meetings, determine meeting locations or participate in communications beyond providing the technical means for Users to communicate.

Users remain solely responsible for deciding whether, when and where to meet.

8.4Cancelling a Swap

Users may cancel an agreed Swap before it has been completed.

While occasional cancellations are expected, repeated cancellations without a legitimate reason may negatively affect a User's reputation within the Platform and may be considered when investigating misuse of the Services.

Swapaya reserves the right to intervene where repeated cancellations form part of fraudulent, abusive or manipulative behaviour, according to enforcement actions under Section 13.

8.5Completing a Swap

A Swap is completed when the participating Users voluntarily exchange possession of their respective Items.

The Platform may provide a QR code, verification code or other confirmation mechanism to assist Users in recording that the exchange has taken place.

These verification features are intended solely to improve the reliability of the Platform. They do not constitute legal proof of ownership, authenticity, condition or successful performance of any contractual obligations between Users.

8.6User Responsibility

Each User is solely responsible for:

• deciding whether to proceed with a Swap;
• inspecting Items before completing the exchange;
• satisfying themselves that the Item matches its description; and
• deciding whether another User appears trustworthy.

Swapaya does not supervise, witness or verify exchanges and accepts no responsibility for decisions made by Users during the swapping process.

8.7No Valuation

Swapaya does not determine whether Items are of equivalent value.

Every User is free to decide for themselves whether a proposed Swap represents a fair exchange.

Any AI-generated suggestions, popularity indicators or other Platform features must not be interpreted as valuations or recommendations.

9Meeting and completing Swaps

9.1User Responsibility

All meetings take place independently between Users.

Swapaya does not organise, supervise or attend meetings and has no control over the conduct of Users once they interact outside the Platform.

9.2Safety

Users should take reasonable precautions when arranging a meeting, including meeting in a public location, informing someone they trust where appropriate and inspecting Items carefully before completing an exchange.

The Platform may provide safety guidance from time to time. Such guidance is intended to assist Users but does not replace personal judgement.

9.3QR Verification

Where available, Users are encouraged to complete the Platform's verification process once the exchange has taken place.

Verification confirms only that the participating Users indicated through the Platform that the Swap had been completed.

It does not confirm:

• ownership;
• authenticity;
• legality;
• condition;
• value; or
• that either User complied with every aspect of their agreement.

9.4Disputes Between Users

If a disagreement arises regarding an Item, its condition, ownership, authenticity or any other aspect of a Swap, the participating Users are responsible for attempting to resolve the matter directly.

Reports relating to suspected fraud or breaches of these Terms may be investigated under Section 13. Swapaya is not obliged to determine which User is correct or provide dispute resolution services.

10AI Features

10.1Purposes of AI features

Swapaya uses artificial intelligence to assist Users in creating Listings, improving search results, detecting potentially prohibited Content and enhancing the overall operation of the Platform.

AI Features are designed to support Users rather than replace their judgement.

10.2AI-generated Content

AI may generate suggested titles, descriptions, categories, Item attributes, condition assessments or other information based on photographs or information supplied by Users.

All AI-generated information should be reviewed before publication.

The User remains solely responsible for the final version of every Listing published through their Account.

10.3No Guarantees

AI outputs are generated automatically and may contain errors, inaccuracies or incomplete information.

Swapaya does not guarantee the accuracy, completeness or suitability of any AI-generated output.

AI Features are intended to assist Users and should not be relied upon as professional advice or as a substitute for independent judgement.

10.4Automated Moderation

Swapaya may use AI to identify potentially unlawful, fraudulent or prohibited Content.

Automated systems may temporarily restrict Content pending human review where appropriate.

Where significant enforcement action is taken against a User, any available Enforcement and appeals are governed by Section 13 and the Content Moderation and Appeals Policy.

10.5Improvements

Swapaya may improve, replace or discontinue AI Features from time to time as technology develops.

The availability of any particular AI Feature is not guaranteed and may vary depending on technical, operational or legal considerations.

11User Content

11.1Ownership of User Content

You retain ownership of any Content that you create, upload or submit through the Platform, including photographs, profile information, Listings, messages, reviews and other material.

Nothing in these Terms transfers ownership of your intellectual property to Swapaya.

11.2Licence granted to Swapaya

By uploading or publishing User Content, you grant Swapaya a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, reproduce, process, adapt, display, distribute and otherwise use that Content for the purpose of operating, maintaining, improving, securing and promoting the Platform.

This licence includes the right to:

• display your Listings to other Users;
• generate search results and recommendations;
• create thumbnails or resized images;
• use Content for moderation and fraud prevention;
• use Content in connection with the operation, improvement and promotion of the Platform.

The licence continues for as long as reasonably necessary to operate the Platform and to comply with legal obligations, resolve disputes or enforce these Terms.

11.3Your responsibility

You are solely responsible for all User Content published through your Account.

By publishing Content, you confirm that:

• you have the necessary rights to publish it;
• it does not infringe another person's rights;
• it complies with applicable law;
• it complies with these Terms and the Platform Policies.

11.4Prohibited Content

User Content must not be unlawful, misleading, fraudulent, defamatory, threatening, abusive, discriminatory, obscene or otherwise inappropriate.

Content must not infringe copyright, trade marks, privacy rights or any other rights belonging to another person.

Further rules governing acceptable Content are set out in the Community Guidelines and Acceptable Use Policy.

11.5Reviews and ratings

Where the Platform allows Users to leave reviews or ratings following a completed Swap, those reviews should reflect genuine personal experiences.

Users must not manipulate the reputation system, submit false reviews or encourage others to do so.

Swapaya may remove reviews that breach these Terms or the Platform Policies but is not responsible for opinions honestly expressed by Users.

11.6Removal of Content

User Content may be moderated and enforcement action may be taken in accordance with Section 13 and the Content Moderation and Appeals Policy. Where appropriate, Users may challenge moderation decisions in accordance with the Content Moderation and Appeals Policy.

12Platform Rules

12.1Compliance with the Platform Policies

The Platform Policies form part of these Terms. By accessing or using the Platform, you agree to comply with them.

The Platform Policies explain the standards of behaviour expected from Users and include, among other things, the Community Guidelines, Prohibited Items Policy, AI Use and Transparency Policy, Safety Guidelines, Intellectual Property Policy, Notice and Takedown Policy, Content Moderation and Appeals Policy and any other policies published by Swapaya from time to time.

12.2Responsible use of the Platform

You must use the Platform honestly, lawfully and responsibly. You must not use the Services in a manner that is inconsistent with these Terms, the Platform Policies or applicable law, or in any way that could harm other Users, compromise the security of the Platform or interfere with its proper operation.

12.3Consequences of non-compliance

Failure to comply with these Terms or the Platform Policies may result in enforcement action by Swapaya.

Depending on the nature and seriousness of the breach, this may include the removal of Content, restrictions on the use of certain Platform features, temporary suspension or permanent termination of an Account, together with any other action reasonably necessary to protect Users, comply with legal obligations or safeguard the integrity of the Platform.

Further information about how Swapaya investigates reports, moderates Content and applies enforcement measures is set out in the Content Moderation and Appeals Policy and Section 13 of these Terms.

12.4Reporting concerns

Users are encouraged to report Listings, Content or behaviour that they reasonably believe breaches these Terms, the Platform Policies or applicable law.

Swapaya will review reports in accordance with its moderation procedures but cannot guarantee that every report will result in enforcement action.

13Platform Enforcement

13.1Our responsibility

To protect Users and maintain the integrity of the Platform, Swapaya may investigate suspected breaches of these Terms, the Platform Policies or applicable law and take proportionate enforcement action where appropriate.

Investigations may be initiated following User reports, automated detection systems, information received from public authorities or other information available to Swapaya.

13.2Enforcement action

Where we reasonably believe that these Terms have been breached, we may take one or more proportionate enforcement measures.

Depending on the circumstances, this may include:

• issuing a warning;
• requesting additional information;
• removing or restricting Content;
• temporarily restricting Platform features;
• suspending an Account;
• permanently terminating an Account;
• preventing the creation of further Accounts;
• reporting unlawful activity to the appropriate authorities.

We are not required to apply enforcement measures in any particular order.

Suspension, restriction and termination of Accounts under this Section are further addressed in Section 20.

13.3Urgent action

Swapaya may take immediate action without prior notice where we reasonably believe that doing so is necessary to:

• comply with legal obligations;
• protect Users;
• prevent fraud;
• prevent harm to the Platform;
• respond to security threats.

13.4Appeals

Where available, Users may request a review of certain moderation or enforcement decisions in accordance with the Content Moderation and Appeals Policy.

Submitting an appeal does not automatically suspend or reverse the enforcement action taken.

The availability of an appeal does not prevent Swapaya from taking immediate action where necessary to protect the Platform, its Users or comply with legal obligations.

13.5No obligation to monitor

Although Swapaya may use automated systems and manual review to detect unlawful or inappropriate activity, we are under no general obligation to monitor every Listing, message or interaction occurring through the Platform.

The absence of enforcement action in relation to particular Content or conduct should not be interpreted as approval or endorsement.

14Intellectual Property

14.1Ownership of the Platform

The Platform, including its software, design, layout, logos, trade marks, databases, text, graphics and other content made available by Swapaya, is owned by or licensed to Swapaya and is protected by intellectual property and other applicable laws.

Except as expressly permitted by these Terms, you may not copy, reproduce, distribute, modify, reverse engineer, extract, sell, licence or otherwise use any part of the Platform without our prior written permission.

14.2Swapaya name and branding

"Swapaya", our logos and any associated branding are trade marks or unregistered rights belonging to Swapaya or its licensors.

Nothing in these Terms grants you any right to use our name, branding or logos except where reasonably necessary to identify or refer to the Platform.

14.3Feedback

If you choose to provide suggestions, comments or other feedback about the Platform, you agree that Swapaya may use that feedback without restriction or compensation to you.

This does not affect your ownership of any intellectual property that exists independently of the feedback itself.

14.4Copyright and infringement

Swapaya respects the intellectual property rights of others and expects Users to do the same.

If you believe that Content available through the Platform infringes your intellectual property rights, you may submit a notice in accordance with our Notice and Takedown Policy.

Where appropriate, we may remove or restrict access to the relevant Content while the matter is investigated.

15Third-Party Services

15.1Third-Party Services

The Platform may include or rely on services provided by third parties, including mapping services, cloud hosting, analytics, artificial intelligence providers, authentication services or other technology partners.

Those services are provided under the terms and privacy policies of the relevant third parties.

15.2External links

The Platform may contain links to third-party websites or services for your convenience.

Swapaya does not control those websites and is not responsible for their availability, content, security or privacy practices.

Accessing third-party websites is entirely at your own risk.

15.3Third-party availability

The availability of certain Platform features may depend upon third-party services.

Swapaya is not responsible for interruptions, delays or failures caused by third-party providers that are outside our reasonable control, although we will use reasonable efforts to minimise any disruption to the Platform where practicable.

16Privacy

16.1Privacy

Swapaya processes personal data in accordance with its Privacy Policy and applicable data protection laws.

Our Privacy Policy explains what personal data we collect, how we use it, the legal bases on which we process it, how long we retain it and the rights available to individuals.

16.2User responsibilities

Where you obtain personal information about another User through the Platform or as part of a Swap, you must use that information only for purposes directly connected with the proposed or completed Swap.

You must not collect, store, share or otherwise use another User's personal information for marketing, unsolicited communications or any other purpose that is inconsistent with applicable data protection law.

16.3Communications

By creating an Account, you agree that Swapaya may send you communications relating to the operation and security of your Account, the Platform and these Terms.

Where required by law, we will seek your consent before sending marketing communications, and you may withdraw that consent at any time using the methods described in our Privacy Policy.

17Disclaimers

17.1Nature of the Platform

Swapaya provides a digital platform that enables Users to connect and arrange the exchange of Items with one another.

We do not own, buy, sell, inspect, store, transport, authenticate or value the Items listed by Users and are not a party to any Swap between them.

17.2User-generated Content

Listings, messages, reviews and other User Content are created by Users.

Although Swapaya may use automated tools and manual moderation to improve the safety of the Platform, we do not guarantee that User Content is accurate, complete, lawful or free from error.

17.3No endorsement

References to Users, Listings or Items on the Platform do not constitute an endorsement, recommendation or guarantee by Swapaya.

Users remain responsible for making their own decisions before agreeing to a Swap.

17.4Platform availability

While we aim to provide a reliable service, the Platform is provided on an "as available" and "as provided" basis.

To the fullest extent permitted by law, we do not guarantee that the Platform will always be uninterrupted, error-free, secure or available at any particular time.

17.5AI Features

Artificial intelligence features are provided to assist Users and improve the Platform.

AI-generated suggestions may be inaccurate, incomplete or inappropriate for a particular Item or situation.

Users remain responsible for reviewing AI-generated content and exercising their own judgement.

17.6Statutory rights

Nothing in these Terms excludes or limits any rights that cannot lawfully be excluded or limited under applicable law.

18Limitation of Liability

18.1Scope of this section

This Section explains the circumstances in which Swapaya may be legally responsible for loss or damage arising from your use of the Platform.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

18.2Matters for which Swapaya is not responsible

Because Swapaya is not a party to Swaps between Users, we are not responsible for disputes relating to ownership, authenticity, condition, quality, legality, value or the successful completion of any exchange.

We are also not responsible for the conduct of Users, decisions made by Users, or loss arising from information provided by other Users.

18.3Indirect loss

To the fullest extent permitted by law, Swapaya will not be liable for any indirect, incidental, consequential or special loss arising from or in connection with your use of the Platform, including loss of profits, business opportunities, goodwill, reputation, anticipated savings or data.

18.4Maximum liability

Where Swapaya is legally liable to you, our total aggregate liability arising out of or in connection with these Terms or your use of the Platform shall not exceed £100, or such greater amount as is required by applicable law.

This limitation does not apply where liability cannot lawfully be limited or excluded.

18.5Liability that cannot be excluded

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• any breach of rights that cannot lawfully be excluded under applicable law; or
• any other liability that applicable law prohibits us from excluding or limiting.

19Indemnity

19.1Your responsibility

You agree to indemnify and keep indemnified Swapaya, its directors, officers, employees and affiliates against any losses, liabilities, costs, claims, damages or expenses (including reasonable legal costs) arising from:

• your breach of these Terms or the Platform Policies;
• your unlawful use of the Platform;
• your infringement of another person's intellectual property or other legal rights;
• your Listings, User Content or Items; or
• any dispute between you and another User arising from a Swap or attempted Swap,

except to the extent that the loss arises from Swapaya's own negligence, breach of these Terms or other liability that cannot lawfully be excluded.

19.2Consumer rights

Nothing in this Section requires you to indemnify Swapaya where doing so would be unenforceable under applicable consumer protection law.

20Suspension and Termination

20.1Suspension by Swapaya

Swapaya may suspend or restrict your Account where we reasonably believe that:

• you have breached these Terms or the Platform Policies;
• your Account has been compromised;
• your use of the Platform presents a security, safety or legal risk;
• suspension is necessary to comply with applicable law or a lawful request from a competent authority; or
• suspension is otherwise reasonably necessary to protect the Platform or its Users.

Where appropriate, we will explain the reasons for our decision unless doing so would prejudice an investigation, compromise security or be prohibited by law.

20.2Termination by Swapaya

We may permanently terminate an Account where:

• a serious breach of these Terms has occurred;
• repeated breaches continue after warnings or previous enforcement action;
• fraudulent or unlawful activity is identified;
• the Account is being used to circumvent previous enforcement measures; or
• continued access would present an unacceptable risk to the Platform or other Users.

20.3Termination by you

You may stop using the Platform and close your Account at any time.

Termination of your Account does not affect rights or obligations that arose before the Account was closed, including obligations relating to completed or agreed Swaps, outstanding investigations or legal claims.

20.4Survival

The provisions of these Terms that are intended by their nature to continue after termination, including those relating to intellectual property, User Content, disclaimers, limitation of liability, indemnity, dispute resolution and governing law, will continue to apply after your Account has been closed.

21Changes to these Terms

21.1Changes

Swapaya may update these Terms from time to time to reflect changes to the Platform, applicable law, our business practices or other legitimate operational reasons.

21.2Notice of changes

Where changes are material, we will take reasonable steps to notify Users before the updated Terms take effect. Notification may be provided through the Platform, by email or by another appropriate method.

Minor updates, corrections or changes required by law may take effect immediately where appropriate.

21.3Continued use

By continuing to access or use the Platform after revised Terms take effect, you agree to be bound by the updated Terms.

If you do not agree to the revised Terms, you must stop using the Platform and close your Account.

21.4Immediate Changes

Where changes are required immediately to comply with applicable law, protect the security or integrity of the Platform, prevent fraud or address an unforeseen risk, Swapaya may implement those changes immediately without prior notice. Where reasonably practicable, Users will be informed as soon as possible afterwards.

22Governing Law and Dispute Resolution

22.1Governing law

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or their formation shall be governed by the laws of England and Wales.

Where mandatory consumer protection laws in your country of residence provide you with additional rights, nothing in these Terms affects those rights.

22.2Jurisdiction

Subject to applicable consumer protection law, the courts of England and Wales shall have exclusive jurisdiction to resolve disputes arising from or relating to these Terms or your use of the Platform.

If you are a consumer resident in another jurisdiction, you may also have the right to bring proceedings in the courts of your country of residence where required by applicable law.

22.3Informal resolution

Before commencing legal proceedings, we encourage Users to contact Swapaya so that we can attempt to resolve any concerns informally.

Nothing in this Section prevents either party from seeking urgent legal remedies where appropriate.

23Contact Us

If you have questions about these Terms or wish to contact Swapaya regarding your use of the Platform, you may contact us using the details published on our website or within the Platform.

Email: legal@swapaya.com

Website: www.swapaya.com

We may update our contact details from time to time without changing these Terms, provided that current contact information remains available through the Platform.

End of Terms

End of Terms & Conditions · Questions? legal@swapaya.com