These terms and conditions ("Terms") apply to all and any use of (https:swapkiddies.com) (“the Site"), the purchase of any products or services, postings, emails, messages and other communications made to or using the Site. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Swapkiddies's website if you do not accept all of the terms and conditions stated on this page. Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using this website and any mobile application (the "Service") operated by Swapkiddies ("us", "we", or "our").

 

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and Us, or either the Client or Us. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

ACCESS

We reserve the right to withdraw or amend the Service on the Site without notice. You are responsible for making any arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.

 

UNAUTHORISED ACCESS
It is unlawful to try and gain unauthorised access to the site, its servers, or any computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you will be committing 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 the Site 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 Site or to your downloading of any material posted on it, or on any website linked to it.

 

INFORMATION WE PROCESS

We process information about you in accordance with our privacy policy which sets out more information about your data and privacy. By using the Site, you consent to such processing and you warrant that all data provided by you is correct.

 

Deleting your information  We will delete your profile at any time on request from you. The best way of doing this is through our Site but alternatively, you may contact us on the available contacts on the website (https://www.swapkiddies.com/contact). We may keep some information even after we have deleted your profile where such information is necessary for law enforcement or fraud prevention reasons. In these circumstances, your details will not be accessible to anyone but us except if required by the law of which we must comply.

We understand that you may opt to terminate your contract with us but maintain your profile on the site. This will make rejoining the site much easier should you subsequently decide to. Thus, when you cancel or terminate your contract, your profile will not be automatically deleted at the end of the cancellation or termination process. You will, however, be given an option to delete your profile during this cancellation or termination process.

 

AGE RESTRICTION

You must be eighteen (18) or over to register as a member of the Service or use the Site. If you sign up for the Service but are prohibited from doing so, for example, because you are too young, then your membership will be invalid. 

 

REGISTRATION AND MEMBERSHIP

We offer Monthly membership subscription - the cost is £20 and you can cancel anytime. If you wish to become a member and use our service, you must become a subscriber and pay the fees that are set out in the subscription tab of the Site                                             (https://www.swapkiddies.com/subscriptions). This subscription is part of your contract with us.  The price shown on our website includes any applicable VAT unless we say otherwise.

If we have mis-priced any part of our Service, we are not obliged to supply the Service provided we notify you. If we do notify you, then you can decide if you want to continue with the Service at the correct price but, if you do not, we will provide a full refund of any payments already made.

 

Automatic Renewal 
Unless otherwise agreed by the parties, the current Subscription held by a user is automatically renewed at the end of their subscription. You will be billed for your renewal when your current Subscription term ends.

 

Member ID and Password 
You agree to keep your Member ID and password ("Login") confidential at all times, to take reasonable steps to prevent others from obtaining your Login, and to log off from your account at the end of each session. You also agree to notify us immediately if you suspect that your Login details have been compromised and/or is being misused by someone else. We reserve the right to disable any such Login, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Terms.

You are responsible for all fees relating to activities conducted using your Login before the time that you notify us of unauthorised use of your Login. Swapkiddies shall not be liable for any loss or damage arising from your failure to comply with these provisions.   

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Transactions 
In the event of any claim that your payment card has been used without your permission or any other fraudulent use of payment cards, we will assist the bank and police authorities with any investigations including providing them with all the details used to register associated profiles, card authentication and any communications through or related to the Site. Falsely making any such fraudulent claims can result in your profile being blacklisted which will affect your future card purchases. Denying a purchase that you have made is illegal and may result in legal action towards you, which can lead to prosecution, fines and impairment of your credit rating.

 

INTELLECTUAL PROPERTY RIGHTS

All copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications, therefore ("Intellectual Property Rights") in the Site belong to and vest in Swapkiddies, or are licensed to Swapkiddies unless otherwise specified. All such rights of Swapkiddies are hereby asserted and reserved.

 

You must not in using this website, you shall not:

• use any or all of the Site or the information contained therein for any purpose other than that permitted by the site;

• provide hypertext links, URL Links, graphic links, hyperlinks or other direct connections to another website for profit or gain or to avoid payment (by you or others) without Swapkiddies’ prior written permission;

• display, publish, copy, print, post, modify or otherwise use the Site and the information contained therein for the benefit of any third party or website without Swapkiddies’ prior written consent;

• modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without having first received the express written permission of Swapkiddies;

• process or otherwise use the information contained on or within the Site for any illegal purpose; or

• remove any copyright notices and other proprietary notices contained on the Site.

 

PERMITTED USE

You must use the Service in a manner permitted by applicable laws and regulations. Illegal and/or unauthorised use of the Site shall be investigated, and appropriate legal action taken at our sole discretion, including without limitation, civil, criminal, and injunctive redress.

 

PROPRIETARY INFORMATION

These terms information that is proprietary to us and our partners, By using this website and our service, you promise not to modify, post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without express written permission from us.

 

TERMS AND TERMINATION

These Terms will remain in full force and effect while you are a member or when you subscribe to our Service. In the event of any breach of these terms by you, there shall be an investigation and if we find you breach of any such terms, we are entitled to revoke your membership. You agree not to do anything that might:

• infringe upon our Intellectual Property Rights;

• be technically harmful such as computer viruses, trojans, worms, logic bombs or other malicious software or harmful data;

• be deemed offensive to our staff while you contact us, such as a statement that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another member or staff;

• promote information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

 

COOLING OFF PERIOD 

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 ("Regulations") you may cancel your order for the Services within an initial fourteen days cooling off period ("Cooling Off Period").

You may cancel your Subscription during the Cooling Off Period by giving us notice in writing, addressed by email to hello@swapkiddies.com. If you cancel within the Cooling Off Period, we will provide you with a refund within fourteen days of your notice. We will reimburse you by the same means of payment as you used for the initial transaction. 

 

CANCELLING YOUR SUBSCRIPTION 
You may terminate your Subscription with us before your next renewal date.  A request for cancellation under this clause does not give rise to a refund for any unused amounts of membership fees paid.

 

OUR RESPONSIBILITIES

Your safety when using our site is paramount to us. Hence, all reasonable skill and care shall be taken to ensure your safety when using our website. Please kindly note that whilst the security of your personal information is important to us, remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

We will do our best to maintain the operation of the Site for the Service, however, we may need to temporarily suspend the Service for operational reasons (e.g. for repairs, planned maintenance or upgrades). We promise to restore the Service as soon as reasonably possible after any suspension.

If we cannot do what we have promised in these Terms because of something beyond our reasonable control (including, without limitation, disputes involving our employees), we will not be liable for this.

 

DISCLAIMERS

Third-party websites with links from the Site have not been verified or reviewed by Swapkiddies and use and access of such third-party websites is made at your own risk.

 

MODIFICATIONS TO THESE TERMS

Where the changes to our Terms are minor and do not adversely affect your enjoyment of the Services for example where we need to reflect changes in relevant laws and statutory requirements or where we need to implement minor technical adjustments, then we will notify you of any such changes before implementing them.

Where the changes to our Terms are more serious or might adversely affect your enjoyment of the Services then we will give you notice of the change and give you a reasonable opportunity to terminate your contract with us before these changes come into effect. Examples of changes that might fall into this category include an increase in our prices or a material change in the Services.

 

CLAIMS 

In the event that you have any claim or action against another member, you agree to pursue such claim or action independently of and without any demands to us, and you release us from all claims, liability and damages, arising from or in any way connected to the claim or action.

If a claim or action is brought against us from your activities or use of the Site or the Service, including any breach by you of these Terms or any charges or complaints made by other parties against you, you agree to pay, hold harmless and defend us in the claim or action. You also agree to take all reasonable steps required in the defence of any claim and allow us to assume the exclusive defence and control of the matter at our discretion.

 

RESOLVING DISPUTES

Any dispute arising from this Agreement shall be resolved through mediation. If the dispute cannot be resolved through mediation, then the dispute will be resolved through binding arbitration conducted by an expert arbitrator in England agreed upon by the parties.  

 

GOVERNING LAWS

These terms are governed by laws of England and Wales. This Site and Services provided by us are intended for and directed to the UK and do not necessarily comply with the regulatory regime and local laws of any other countries.

 

SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

 

WAIVER

Any default, delay or omission of any of the provisions of this Agreement by either Party will not be construed as a waiver of any subsequent breach of the same or other provisions. We are entitled to still pursue any omitted or failed payment by you at any time.

 

ENTIRE AGREEMENT

These Terms, the Privacy Policy and the price lists for subscriptions contained on the Site constitute the entire agreement between you and Swapkiddies.