Your use of Swapix, including search, viewing or submission of announcements, registration on Swapix, sending messages through the contact form and other actions on the use of Swapix functionality shall be considered as full and unconditional acceptance of these Terms.
TERMS AND DEFINITIONS
Swapix (Website and/or Application) – web resource, which is a collection of information and intellectual property contained in the information system (including software, database, graphic design of the interface (design), etc.), access to which is provided from various user devices connected to the Internet, through special software for browsing the web (browser) to the address https://pl.swapix.com/en (including the domains of the following levels related to these addresses), or mobile Application.
User – visitor of Swapix.
Services – functionality, services, facilities, tools available to users in Swapix.
Goods – any product, pets, electronic devices, real estate, service, job offer or other offers in respect of which the User places an Advertisement on Swapix.
Advertisement (Ad) – an information message with a proposal for the Goods (including contact information, photographs and any related information) posted by the User to Swapix, addressed to an indefinite group of persons.
Seller – the User placing in Swapix an advertisement with the offer to make a deal in relation to the Goods.
Buyer – the User who review of the Seller's posted Ads, interact with the Seller in relation to the Goods and / or conclude a deal with the Seller.
Personal Account (Account) – a personal section of the User in Swapix associated with the User, where the User is able to manage its personal information, to manage its Ads, to manage individual Services, including their order, connection / disconnection, on the terms offered by the Company.
These Terms regulate the work of Swapix and determine the procedure for its use.
The Company offers the User to use the Services available in Swapix, including posting, search and viewing of Ads and other services offered in Swapix. With respect to the use of certain Services, additional conditions, rules and restrictions may be established. The Company has the right to revise or change the conditions for the provision of the Services, as well as these Terms, at any time, supplement, modify, restrict, expand the functionality of Swapix and/or Services, including the terms of the User's access to the Services or individual functionality of Swapix.
Swapix itself and most of Swapix Services are free. You can free of charge post your Ads and check Ads of other users. However, some Services are provided on a paid basis. Please, check information in relation to Services at a cost here.
The provision of some Services may be governed by special terms and/or agreements that are an integral part of these Terms, including the terms for Prohibited Items, Ad Submission Rules, and other terms and conditions concluded by the Company and the User. In the event of a contradiction or inconsistency between the text of these Terms and the special term and/or agreements, the latter shall apply.
Swapix is a platform that allows Sellers to place their offers of Goods at their own risk, addressed to an indefinite range of persons, and Buyers to accept Seller’s offers at their own discretion and under their responsibility.
The Company is neither the organizer of the transaction, nor the Buyer, nor the Seller, nor the intermediary, nor the agent or representative of any User and/or any other interested person in respect of the transaction offered / concluded between the users.
All transactions made through the placement of Ads in Swapix between users are concluded and executed without the direct or indirect participation of the Company.
Regardless of the fact of your registration or authorization, the use of Swapix, including viewing the information posted, means your consent to these Terms and acceptance of obligations to follow the instructions for using the Services, as well as responsibility for activities related to the use of Swapix.
You access and use Swapix and its content at your own risk. Swapix consists of Ads form other users, so we do not ensure that information provided is true, accurate, correct, reliable, etc.
By accessing Swapix and thereby entering into these Terms, you warrant that you are an adult and in full legal capacity, and have all the rights and powers necessary to enter into and execute these Terms. We reserve the right at any time to request information and documents confirming your rights and powers, as indicated above.
You can post your Ads and use Services after registration and authorization in Swapix.
You have to monitor the security of your login information and not disclose it to third parties. You have no right to transfer login information to third parties, and directly or indirectly allow third parties to use your login information to authorize in Swapix, except for persons acting on your behalf of and in your interests.
Any action taken from the your Personal Account using your account data shall be deemed to be an act committed by you or a person authorized by you and establishes the duties and liability for you in respect of such actions, including liability for violation of these Terms, the requirements of the legislation in respect of the Goods, information about which is placed by you in Swapix.
You have to change your login information immediately if you have reasons to suspect that these data were disclosed, and may be used by unauthorized third parties.
The Company has the right to use available technical solutions to verify the correctness of the information provided by you when using Swapix. Please, note, we can not guarantee that the User is really what it is represented, and also that the information provided by the User to Swapix is true. The Company recommends you to communicate with possible counterparties, Sellers and Buyers with due circumspection and caution when making transactions.
We have a right to block the User's access to the Personal Account with the simultaneous termination of the placement and display of his Ads or without it. The Company may at any time terminate and/or restrict the User's access to the Services, and also block or delete the User's account in Swapix without the possibility of its recovery.
Viewing Ads and other information, posted in Swapix in the public domain, does not require the registration and/or authorization of the User, however in the event of such actions the User is in any case obliged to comply with the provisions of these Terms.
INTELLECTUAL PROPERTY RIGHTS
Swapix or any portion of it may not be duplicated, reproduced, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by us. You may only use Swapix in accordance with these Terms. In the event we believe that you have failed to comply with all terms applicable to your use of Swapix, you agree that we have the right, in our sole discretion and without notice, to restrict your access to Swapix. We may also, in our sole discretion and at any time, discontinue or make changes to any part of Swapix, with or without notice. You agree that you do not have any rights in Swapix and that we will have no liability to you if Swapix is discontinued or your ability to access Swapix is terminated. All trademarks, logos, images, graphics and other intellectual property rights included to User Content are the property of their respective owners.
You agree that we reserve the right to modify or discontinue provision of Swapix and its Services, and to delete the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Swapix editor will not be held responsible or liable for timeliness, deletion of information, failure to store information, inaccuracy of information, or improper delivery of information.
The Company owns Swapix platform, which includes intellectual property rights to software, domain name, logo, database, technical developments, design, graphics, copyrights, and other proprietary rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from Swapix without our permission. Any requests to use our content should be submitted to us by email or contact form.
If you believe that your intellectual property rights have been infringed upon by Swapix content, please, notify us by sending an email. Please, describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
Swapix provides you an opportunity to post your Ads, provide information about you and your store (if any), search Goods and communicate with other users in relation to Good’s purchase (collectively, “User Content”, “Content”).
User Content shall not:
include any Goods from the list of Products and Services Prohibited for Publishing;
violate Ad Submission Rules;
include any spam, any comments, which are not related to Swapix subject;
include any insults towards other users;
include any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
display, upload or transmit material that encourages conduct that may constitute a criminal offense, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of Swapix;
violate any applicable laws or regulations;
include links, which can hide any malicious websites, which may damage user’s devices or negatively affect or inhibit other users from using Swapix, disable, overburden or impair the functioning of Swapix in any manner;
create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, user of Swapix or our representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group;
violate, infringe or misappropriate any intellectual property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
include files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property.
You must ensure that any User Content you post, provide, post, upload, input or submit via Swapix do not breach or infringe the intellectual property rights of any third party. We are not responsible or liable for any User Content. You are solely responsible and liable for all of your Content and for your use of any interactive features, links or information or content in Swapix, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your Content and to grant the licenses in these terms; (ii) your Content will not violate any agreements or confidentiality obligations; and (iii) your Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
Furthermore, you are entirely responsible for any and all activities that occur under your Personal Account. You agree to notify us immediately of any unauthorized use of your Content, Personal Account or any other breach of security. We will not be liable for any loss or damages that you may incur as a result of someone else using your Content or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your Content or account.
You may not use anyone else’s Content or account at any time without the permission of such person or entity and for purposes other than Swapix purposes. All information received by the User about other users in connection with the use of Swapix can be used only for making and executing transactions with respect to the Goods. Thus, the User is not allowed to use the e-mail address, phone number and/or special form of communication with the Seller for the purpose of direct mailing or other sending of unwanted electronic messages, as well as for other unlawful acts or acts committed without the knowledge and/or consent of the other side.
By using Swapix you make all your Content publicly available, thus the information provided by you (personal data, Ads, etc.) is available for other users and third parties who visit and/or access Swapix all over the world, where the access to Swapix is possible. You understand and assume all risks associated with such placement of information, including but not limited to: the risk of putting your e-mail address on the lists for sending spam messages, the risk of putting an e-mail address to various types of fraudsters, the risk of hitting telephone number to SMS spammers and/or SMS-scammers and other risks arising from placement of your Content.
By posting, uploading, inputting, providing or submitting your Content to us, you grant us, our affiliates any necessary sub-licensees a non-exclusive, worldwide, perpetual, transferable right and permission to use, publicly perform and publicly display in Swapix your Content for the purposes of Swapix using. We reserve the right to use your Content for any purpose at no charge and without compensation to you.
We are not obliged to make a preliminary check of User Content of any kind, which is placed and/or distributed by the users in Swapix. We reserve the right, and have absolute discretion, to remove, screen or edit Content if it violates these Terms or provisions of applicable law. Furthermore, if we have reason to believe that there is likely to be a breach of security, breach or misuse of Swapix or if you breach any of your obligations under these Terms or related documents, we may suspend your use of Swapix at any time and for any reason.
The User understands and agrees that he must independently assess all risks associated with the posting and dissemination of any Content, including an assessment of the reliability, completeness or usefulness of such Content.
The User understands and accepts that the Company does not always check the information published in Swapix by users. Some of the information contained in Ads may seem insulting, dangerous, wrong or misleading. We recommend you to use caution and rely on common sense when using information in Swapix. You shall take into account that your counterparty can be an impersonator, be a minor, place distorted information, etc. The use of the Services implies that the User understands and accepts these risks, and agrees that the Company is not responsible for acts or omissions from other users.
The User agrees to be cautious when choosing a counterparty and to make a decision on the transaction under his own responsibility, making sure that the offer, sale and/or purchase of any Goods in Ad is valid and legal.
Your messages to the Seller can be sent through a specially suggested form of communication with the Seller. You understand and agree that correspondence with other users in Swapix in suggested form of communication is not personal. The Company has the right to view messages for tracking specific words to combat spam. The Company does not guarantee that the message sent to the Seller will be answered, and does not guarantee delivery of such message to the Seller.
All claims to another User in connection with his use of Services and/or his Content shall be directed to that User (the Seller) and shall be resolved independently and without the Company's participation.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
By using Swapix, you expressly represent and warrant that you are legally entitled to enter these Terms. Your participation in using Swapix is for your sole, personal or internal business use. When using Swapix, you agree to comply with all applicable laws from your home nation, and the country, state and city in which you are present while using Swapix.
By using Swapix, you agree that:
you will only use Swapix for lawful purposes; you will not use Swapix for sending or storing any unlawful material or for deceptive or fraudulent purposes;
you will be liable for the transactions offered and concluded in relation to the Goods, for choosing the counterparties for the transaction and the consequences resulting from the transaction. All transactions with respect to the Goods are concluded between the users directly. The Company is not a participant and/or intermediary of transactions made by users based on the information received in Swapix. The Company is not responsible for such transactions;
you will not use Swapix to cause nuisance, annoyance or inconvenience;
you will not copy or distribute any content displayed through Swapix without prior written permission from us;
the information you provide to us when you register an Account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request;
you will keep secure and confidential your Account password or any identification credentials we provide you which allows access to Swapix;
you will not use Swapix in any way that could damage, disable, overburden or impair Swapix;
you will not use Swapix or links in Swapix in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using Swapix or links in Swapix or that could damage, disable, overburden or impair the functioning of Swapix or our servers or any networks connected to any of our servers in any manner;
you will not deep-link to Swapix or access Swapix manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy or monitor any portion of Swapix or any content in Swapix;
you will not try to harm other users or Swapix in any way whatsoever;
you will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of Swapix.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The information in Swapix is provided on an "as is", "as available" basis. You agree that your use of Swapix is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Swapix will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in Swapix will be corrected.
We do not guarantee the authenticity and thoroughness of the content and does not commit to any deadlines for updating the information.
We do not provide consultations on issues which are not related to Swapix, and which are out of our competence.
We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information.
Swapix is a platform that allows users to post Ads in relation to the Goods, which allowed by law and these Terms. The Company does not always check Ads posted by users. Thus, the quality, safety, legality and conformity of the Goods to its description, as well as the Seller's ability to sell and/or Buyer's ability to purchase the Goods are beyond the control of the Company. Thereof, the Company is not responsible for the Content provided by users, including Ads information, use of trademarks and logos of third parties and the terms of the Seller's offer, lawfulness of User Content and that the User has the necessary volume of rights to distribute it and/or use it.
The Company is not associated with any information provided by users.
The Company is not liable for non-fulfillment or difficulties in the performance of obligations due to force majeure circumstances, the consequences of which can not be avoided or overcome.
The Company is not responsible for the use of the communication form placed in Swapix by other users and/or automated systems (robots) for sending messages to users, as well as for using user’s telephone numbers placed by the User in Swapix.
When you use the communication form with the Seller in Swapix, the Company can not guarantee the delivery of your message and the correctness of the e-mail address specified by the Seller himself.
The information placed by users may contain links to third party websites. These third parties and the content of their websites, as well as any information of third parties, are not checked by the Company for compliance with certain requirements (reliability, completeness, legality, etc.). The Company is not responsible for any information, materials posted on third party websites to which the User accesses in connection with the use of Swapix, as well as for the availability of such websites or information and the consequences of their use by the User.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of Swapix shall be to discontinue using the Swapix.
We shall not be liable for damages or loss of profit incurred by you or any third persons arising as a result of the termination, change or limitation of the Services or cancellation / de-activation of Account, due to your violation of these Terms or the legislation in force, or due to provision of information or execution of orders issued by competent authorities.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to Swapix, your use of Swapix, or the Content, even if advised of the possibility of such damages.
You agree to defend, indemnify, and hold us harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys fees, court costs, and other litigation and arbitration expenses) (Losses) related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of Swapix or information attained through Swapix; or (b) claims for infringement of the proprietary rights of any third party rights resulting from your use of Swapix in violation of these Terms.
TERM AND TERMINATION
These Terms are effective upon your acceptance signified by your using of Swapix, irrespective of the fact of the User registration or the Ad posting, and shall continue for an unlimited period of time.
We reserves the right to terminate relationship with you at any time. Upon termination of these Terms, you shall immediately cease accessing Swapix.
A User whose access to Swapix and its Services has been terminated or whose Content has ceased to be valid does not have the right to re-create the new account in Swapix (including using the e-mail address and/or telephone number previously specified by the User) without special permission from the Company. The User does not have the right to use the credentials of another User to access Swapix.
CHANGES TO TERMS
Periodically, these Terms may be updated without notice to you. It is your responsibility to periodically review these Terms for applicable changes. Your using Swapix after our posting of any changes to these Terms will constitute your acceptance of those changes. If you disagree with any changes, you should immediately cease using Swapix. Current version of these Terms is available at: https://pl.swapix.com/en/page/terms-of-use
The Company is entitled, and the User hereby consents to this, to transfer its rights and/or obligations under these Terms, both in whole and in part, to a third party.
If any provision of these Terms shall be considered to be null and void, illegal or unenforceable, this shall not entail nullity of all the provisions or other parts thereof. The void provision shall be replaced by the imperative norms of law or by the established practice or custom and the remainder of the provisions shall continue to be in full force and effect.
LAW AND JURISDICTION
These Terms are governed by Polish law and the Polish courts will have jurisdiction over any claim arising from, or related to, any use of Swapix.
If you have any questions regarding these Terms, please contact us at email@example.com
These Terms are effective as of 1st October, 2018.