1 Our service
Our website facilitates an exciting and convenient way to swap goods and services (‘Items’) over the Internet and is operated by LeadingShare.com. We provide an online swap facility vehicle through which users can list and swap Items (‘the Services’). It is important that you read and understand these terms before using the Services. By accessing or using the Services, you agree to be legally bound by these terms, as they may be modified from time to time.
We reserve the right to change these terms at any time. Amendments will take effect when posted on our website. However, the terms current as at the start of a particular transaction will apply until that transaction is completed.
2 Our role
Our site is a place for users to list and swap Items. We do not have and never intend to have any contractual involvement in your transactions and at no stage swap or purport to swap any of the Items displayed on our site. Any disputes between users are just that—we will not become involved. You must therefore take the utmost care to screen the parties with whom you deal. We will not screen the parties or Items on your behalf and this is a feature of the relationship between you and us that you willingly accept.
3 Registration
3.1 You are required to register with us by completing the User Registration Form and submitting it to us. Only adults (ie those aged 18 and over) are entitled to enter into legally binding contracts and as a result are the only people entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify, do not use the Services. By registering you are making a statement, upon which we are entitled to rely, that you are aged 18 years or older and capable of forming a legally binding contract.
3.2 On occasions certain individuals and members will be refused access to the Services. Such suspensions shall be within our sole discretion.
4 Information you provide
4.1 You grant us a non-exclusive, world-wide, perpetual, irrevocable, royalty-free licence (including the right to sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any information (in whole or part) you provide to us or other users of the Services, for example, during the registration, listing or swapping process and/or to incorporate such information in other works in any form, media or technology.
4.2 Such information shall be legal, decent, honest and truthful, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines and shall not link to any other websites. Without limiting the above, all information you provide shall be true, accurate, current and complete and all registration details shall contain your correct name, address, email address and other requested details. You also agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.
4.3 Your username will be used to identify you. Vulgar or offensive names will constitute a breach of these rules.
4.4 If you are offended by another user’s username, please e-mail us at [admin@leadingshare.com] immediately. Similarly if you are unsure about whether a username you would like to use may breach these rules, e-email [admin@leadingshare.com] for advice.
5 Security
5.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password which may be given to or selected by you for use on our site. You may not share these with or transfer them to any third parties. You must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.
5.2 We use third party services to assist your swapping experience. However, any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished swapping.
6 Availability of site
While we will use all reasonable endeavours to make the Services and website available, we cannot guarantee that they will operate continuously or without interruptions. This could affect listing, offers or other aspects of a swap.
7 General rules governing listing and swapping
7.1 To use and rely on the Services we provide, all participants must understand their obligations to other users of the Services. If you accept the swap, you must complete the transaction.
7.2 In relation to all Items you offer for swap through the Services:
7.2.1 You must be the absolute unencumbered legal owner with the right to swap those Items; and
7.2.2 Your use and provision of the Items must not infringe any third party rights or be unlawful in any way and the Items must not be on our current prohibited items list. [This list should include all illegal and offensive Items and other Items you do not wish to be swapped through the site. Examples include firearms, narcotics, pornographic material, human organs or stolen property.]
7.3 You must list all of your Items in the correct category with accurate and appropriate descriptions and provide such information as we may request (together, ‘the Listing Information’). Once you post the Listing Information, the item becomes ‘a Listed Item’. Once an item becomes a Listed Item, you are making an irrevocable offer to swap.
7.4 A Listed Item will remain listed on the Site until:
7.4.1 It is swapped; or
7.4.2 You wish to de-list it.
7.5 You must not directly or indirectly manipulate swapping in any way.
7.6 Users are entitled to set their requirements and are entitled to change these. You may not retract an offer to swap except in exceptional circumstances, for example where the other user has materially changed the description.
7.7 Your placing of an offer to swap entitles us and any user to rely on your offer and as a result you warrant and undertake that you have the legal right to make such an offer and to enter into any such transaction.
7.8 If you make an offer to swap on our site, you acknowledge and agree that if your offer is accepted, you have entered into a contract with the other user to swap the items. You can only terminate that contract in limited circumstances set out in law, for example where the item does not materially comply with the information provided in relation to it or where you cannot identify the other user. The other user may refuse to accept your offer for whatever reason.
7.9 You agree that you will not use our site to:
7.9.1 upload, post or e-mail any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
7.9.2 harm minors in any way;
7.9.3 impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
7.9.4 ‘stalk’ or otherwise harass another;
7.9.5 collect or store personal data about other users;
7.9.6 upload, post or e-mail any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
7.9.7 upload, post or e-mail any content that infringes any intellectual property rights of any party;
7.9.8 upload, post or e-mail any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, or any other form of solicitation;
7.9.9 upload, post or e-mail any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; or
7.9.10 violate any applicable national or international laws or regulations.
8 No payments
8.1 No fee is payable for the Services.
8.2 Users must neither demand any payment nor offer any payment for Items.
8.3 Users are responsible for agreeing responsibility for any costs of delivery, any insurance costs and any other expenses
8.4 Some transactions may involve users shipping goods or providing services to other users located outside the United Kingdom or outside the territory in which the user resides. Users must observe and comply with all applicable regulations and legislation, including obtaining all necessary permissions, consents, health and safety approvals and cultural, customs or work permits from such organisations and authorities which are required for the goods to be delivered or for the services to be carried out. Further, the importation and exportation of some goods and the provision of some services may be prohibited by certain national laws.
8.5 We make no representation and accept no liability whatsoever to any users in respect of the issuance or validity of any exportation, importation or any other permits or the existence and exercise of exportation or importation regulations or any compulsory purchasing regimes.
9 Privacy policy
We take privacy issues seriously. Our current Privacy Policy covers our use of any information you provide. In using the Services you acknowledge and agree to be bound by the terms of our Privacy Policy.
10 Sanctions
10.1 LeadingShare.com has in its sole discretion the right to issue a warning, temporary suspension, or an indefinite suspension and termination of your rights to use the Services if you:
10.1.1 Provide information that is untrue, inaccurate, not current or incomplete;
10.1.2 Act inconsistently and in breach of these terms and conditions;
10.1.3 At any time violate or attempt to violate any rights of any other user of the Services or third party; or
10.1.4 Are engaged in any fraudulent activity.
10.2 On being made aware of any such breaches, we may ban, delete or prohibit any content that relates to those breaches or that we judge harmful to individuals or the rights of LeadingShare.com or any of our affiliates, licensors or partners.
10.3 Any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities, or to legal action being taken against you, or both.
10.4 In addition we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these rules, our Privacy Policy, any applicable laws or regulations or where our rights or third party rights are threatened or infringed.
11 Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.
12 General release
12.1 As discussed, we act merely as an introductory service providing a forum allowing users to come together to swap Items.
12.2 Therefore we have no control whatsoever over the quality, legality or safety of any advertised Items or of any other characteristics upon which a user may rely, the accuracy of any of the listings and the capacity of any user to transact. You also understand that by using our site, you may be exposed to content that is [offensive, indecent or objectionable].
12.3 Consideration should always be given to the nature of Internet transactions and the risks involved. You may never meet or speak to the other party to the transaction and, as a result, you must proceed with care and judgment when using the Services.
12.4 In recognition of the above, you waive any claim you may have against us that is in any way connected with a dispute you have with another user of the Services and website and you agree to indemnify us for any losses or liability we suffer as a result of any claim against us by another user or any other third party as a result of your such use or in relation to your dealings with such other user or third party. This waiver and indemnity shall not apply in the event of any fraud or wilful misconduct by us.
12.5 Your acceptance of these terms and conditions also acts as a general release of LeadingShare.com and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including consequential loss and loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Services and our website.
12.6 In addition, we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published on our website. You understand that all data, text, software, music, sound, photographs, graphics, video, messages or other materials (‘content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that you, and not LeadingShare.com, are entirely responsible for all content that you upload, post or e-mail via our site. From time to time our site may contain technical inaccuracies or typographical errors. All liability of LeadingShare.com howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.
12.7 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
13 Trade marks
[LeadingShare.com] is the proprietor of the LeadingShare trade mark and get-up. All other trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by LeadingShare.com in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder’s rights.
14 Notices
Except as otherwise stated, any notices you wish to send to us should be [e-mailed to admin@LeadingShare.com]. Any notices that we may wish to draw to your attention will be [displayed on our website].
15 Applicable law
Each and every transaction carried out on or as a result of the Services is deemed to be completed within the United State and therefore shall be governed by and interpreted in accordance with US law. The terms of this charter (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with US law and the US courts shall have exclusive jurisdiction in relation thereto.
16 Events beyond our control
LeadingShare.com will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
17 Invalidity
If any part of the terms of this charter is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18 Entire agreement
This agreement, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
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