IMPORTANT LEGAL NOTICE – TERMS AND CONDITIONS
A. WELCOME AND YOUR ATTENTION PLEASE!
These are the legal terms and conditions (‘Terms’) which apply to the services available from the domain http://www.SWEEMO.com (‘Website’) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website.
The SWEEMO Website has been audited by our solicitors Lawdit Solicitors (http://www.lawdit.co.uk)
The Stay Legal certificate identifies that our Website has been audited in accordance with the laws of England and Wales
Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. You may access our Website without registering your details with us. However if you intend on using the Website you must register with us.
We have tried to keep these terms as friendly and as transparent as possible but throughout we refer to ourselves as "SWEEMO", "we", "us" or "our".
SWEEMO.com is a Website operated by SWEEMO LIMITED (The Company/We/SWEEMO/Us).
We are registered in England and Wales under company number 06444876
Our registered office at 92 Cromer Street, London, WC1H 8DD, United Kingdom
Our VAT registration number is 930 0376 56.
Before you can become a member of SWEEMO, you must read and accept all of these terms and conditions. You should read through all the terms carefully.
These terms constitute a legally binding agreement between you and SWEEMO.
It is valid from 1 February 2008 and is effective upon acceptance for new users.
We may revise theses terms at any time by amending this page.
You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on our Website. If you are registering with SWEEMO as a business entity, you represent that you have the authority to legally bind that entity and that you must comply with all applicable laws relating to doing business online.
C. THE CONTRACT
We will commence supplying our services to you as soon as you accept these Terms. Unless you and SWEEMO agree otherwise, you will not be able to cancel these Terms under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced.
Please do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Website. You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Website. You also confirm that you are authorised to enter in to a contract if you are acting on behalf of a company.
We cannot guarantee continuous or secure access to our services, and operation of the Website may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Website.
D. REGISTRATION, FEES AND PAYMENT
Joining SWEEMO is free. Listing an activity on SWEEMO is free. We do charge fees for when you sell an activity or service through us. This fee is a flat % charge based on the sale price, which we may change from time to time. Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.
Unless otherwise stated, all fees are payable in £GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Website in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.). You agree that we may issue you with invoices in electronic format by e-mail.
E. WHAT IS SWEEMO?
SWEEMO is an internet business which makes it easier for you to buy and sell unique experiences with each other. Experiences range from the interesting to the cultural to the bizarre! We seek to give users an option to achieve their social goals, and open up their minds to new ways of interacting on an experience based manner.
F. USING SWEEMO
You may use our Website only for lawful purposes. You may not use our Website:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with any applicable local national or international law or regulation.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- We do not tolerate spam (unsolicited commercial communications). You may not add other SWEEMO users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent.
- You may not use our communication tools to send spam or otherwise send content that would breach these Terms
We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. Please review our security policy. To report spam from other SWEEMO users, please contact firstname.lastname@example.org
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of our terms of Website use.
- Not to access without authority, interfere with, damage or disrupt:
(a) any part of our Website;
(b) any equipment or network on which our Website is stored;
(c) any software used in the provision of our Website; or
(d) any equipment or network or software owned or used by any third party.
- You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licenses and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
- You may not misuse the Website (including, without limitation, by hacking).
- The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of these Terms and Conditions.
G. DISCLAIMER AND OUR LIABILITY TO YOU
You agree not to hold SWEEMO responsible for other users' actions or inactions. Although SWEEMO offers an auction facility we are not a traditional auctioneer. Indeed SWEEMO is a place to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of anything listed or sold through the Website- others do! Therefore please ensure when you purchase the services through the Website that you have read the terms and conditions of the service you have contracted with.
Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
We cannot review any listings and we are not party to the actual transactions between buyers and sellers. You agree not to hold SWEEMO responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off SWEEMO) or for ensuring that they actually complete transactions.
As we are an on line auction Website we have no control over, do not guarantee, and you will not hold us responsible for:
- the ability of buyers to pay for and the ability of sellers to sell items
- the safety of items or services advertised;
- the accuracy or truth of the listings;
- whether a contract will ever be concluded.
We cannot verify the accuracy of the information provided by our users and we cannot be responsible for ensuring, the accuracy or truthfulness of identities on the Website.
Although we perform credit verification on our users, ensuring identity and credibility checks is something that you, the buyer, will be required to do
Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £10.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
While SWEEMO endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.
The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill.
* Advertise With Us
If you are an individual or company we accept no liability for the information supplied by any member for display on Sweemo.
When you advertise with us you are responsible for ensuring that the advertisement content is accurate, complete and up to date. If you submit an advertisement for display on the website you are responsible for ensuring that the advertisement is true and it is not defamatory, obscene or abusive or otherwise objectionable or in breach of any applicable laws or rights of third parties. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the website that we consider to constitute a misuse of the website or which is otherwise harmful to other users of the website.
* Uploading Material to our Website
Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, you must comply with these Terms. You warrant that any such contribution does comply with these Terms, and you indemnify us for any breach of that warranty.
Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.
We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with our Terms.
In the event that Sweemo is threatened to be sued or sued by someone claiming that we have infringed their intellectual property rights then if it is showed that you have infringed the intellectual property of a third party we shall seek to recover these losses from you. In legal terms it is known as a legal indemnity. You agree to defend, indemnify and hold harmless Sweemo Limited its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors fees) arising from:
(i) your use of and access to the Website;
(ii) your infringement of any of these Terms;
(iii) your infringement of any third party intellectual property rights, including without limitation any copyrights, or trade marks.
* Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
H. YOUR PERSONAL INFORMATION
* DATA PROTECTION
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these terms and conditions. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.
I. INTERACTIVE SERVICES
We may from time to time provide interactive services on our Website, including, without limitation:
- Community forums
- SWEEMO blogs
- Chat rooms
- Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
J. INTERACTION WITH OTHER SWEEMO USERS
You will not be able to complete transactions unless you share personal and financial information. At some point during the transaction process you will obtain access to each other's name, user ID, email address, and other contact information, postal information and financial information.
SWEEMO cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of the transaction before choosing to share your information with them.
Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.
You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
- SWEEMO transaction-related purposes that are not unsolicited commercial communications
- using services offered through SWEEMO; and
- other purposes that a user expressly agrees to.
K. INTERACTIVE AND SOCIAL NETWORKING
These content standards apply to any and all material which you contribute to our Website (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote terrorism.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
L. SUSPENSION AND TERMINATION
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Website. When a breach of this policy has occurred, we may take such action as we deem appropriate.
The SWEEMO team aims to keep the Website working properly. Please report problems, offensive content, and policy breaches to us.
We respect the Intellectual Property Rights of third parties. Please will you do the same and report any IPR infringements i.e. trademark, copyright infringements to us by return.
- Immediate, temporary or permanent withdrawal of your right to use our Website.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our Website.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
You are permitted to print and download extracts from the Website for your own use on the following basis:
(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company's copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by SWEEMO.
N. SERVICE ACCESS
While we endeavour to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company's control.
O. LINKS TO AND FROM OTHER WEBSITES
Links to third party Websites on the Website are provided solely for your convenience. If you use these links, you leave the Website.
SWEEMO has not reviewed all of these third party Websites and does not control and is not responsible for these Websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to SWEEMO, you do so entirely at your own risk.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you request and receive approval by us before you put up any links. Approval will not be unreasonably withheld
(b) you do not remove, distort or otherwise alter the size or appearance of the SWEEMO logo;
(c) you do not create a frame or any other browser or border environment around the Website;
(d) you do not in any way imply that SWEEMO is endorsing any products or services other than its own;
(e) you do not misrepresent your relationship with SWEEMO nor present any other false information about SWEEMO;
(f) you do not otherwise use any SWEEMO trade marks displayed on the Website without express written permission from SWEEMO;
(g) you do not link from a Website that is not owned by you; and
(h) your Website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
SWEEMO expressly reserves the right to revoke the right granted in this clause for breach of these terms and to take any action it deems appropriate. You shall fully indemnify SWEEMO for any loss or damage suffered by SWEEMO for breach of this clause.
P. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
I CAN CONFIRM I HAVE READ AND UNDERSTOOD
1. SWEEMO’S TERMS AND CONDITIONS