Terms & Conditions

Last Updated September 2022

Welcome to SwapC’s!

These Terms of Use (“Terms”) are a contract between you and SwapC’s. (“SwapC’s” or “we”) and govern your access to and use of any of the SwapC’s website, mobile application (such as for iPhone or Android) or content (the “Site”).

Please read these Terms carefully before accessing and using the Site.

Changes to these Terms will be notified via posting on the Site (or other written notice to you). Please read these Terms carefully before accessing and/or using the Site.

1. Terms

a) Acceptance of Terms. By accessing and/or using the Site, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, please do not use the Site.

b) Amendment of Terms. SwapC’s may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.

c) Additional Terms. In addition to these Terms, certain plans, offers, products, services, elements or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

2. SwapC’s Platform

a) SwapC’s Platform. The SwapC’s platform is a peer-to-peer platform that enables consumers to upload their used children’s clothing to be sold in exchange for “coins”, whilst, simultaneously accessing, with intent to utilise the “coins” within their wallet to purchase a range of used children’s clothing. The exchange must explicitly be carried on the Platform by the spending of the “coins” only. No currency exchange is to be carried out on the Platform.

b) Membership Options. There are a number of ways to participate on the Platform such as various subscription plans, and non-subscription purchases. These options consist of different services and features and may be subject to additional and differing conditions, prices, policies and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. From time to time we may permit non-subscribers to access certain, services, content or features for a cost or at no cost. SwapC’s makes no commitment on the quantity, availability, type or frequency at which such services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.

c) Subscription Plans. To enjoy full access to the Site and products, you need to sign up for a subscription. A subscription starts on the date that you sign up for a subscription and submit payment via a valid Payment Method (defined below) or reactivate a pre-existing subscription. Each billing cycle is dependant on the membership cycle you have chosen, which shall be a minimum of one month or maximum of one year. Your SwapC’s subscription automatically renews each billing cycle, and we will automatically bill the subscription fee to your Payment Method each cycle, until your subscription is cancelled or terminated. With the exception of a promotional offer and or offers, you will be automatically transferred to our monthly billing cycle following your initial free trial period of 30 days. You will be reminded one week prior to the 30-day trial period ending.  You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to time. If you add a subscription to your base subscription or if you upgrade or downgrade to a different subscription, all such subscriptions will be governed by these Terms and will continue indefinitely until cancelled or terminated.

d) Use of Coins. You will be allotted coins to be used solely to purchase items of clothing on the Platform.

Coins roll over at the end of each Subscription Cycle, meaning that any coins you don’t use during the applicable Subscription Cycle will be carried over to your next cycle period for one full calendar year, from the date of membership commencement. If your subscription is cancelled or terminated your unused coins will expire immediately. There will be no refund or payment for any unused amount. When your cycle automatically renews for the next month, you’ll automatically receive your new allotment of credits. If your membership is paused, you will have access to view the platform, however your coins will be frozen and not available to use, until the account is reactivated. If you have any questions about how to use your credits, please contact us and we can help you.

You may purchase additional coins to a maximum value of 15 coins per month. The coins can be purchased in multiples of five (5).

Coins have no cash value or any other value outside of the SwapC’s platform and are not redeemable for cash. For avoidance of doubt, the coins do not operate or serve as stored value facilities in any way.

e) Plan inclusions. In addition to the monthly coins, as part of your subscription plan, inclusive of the free trial period, you will receive in the post eco-friendly packaging to facilitate sustainable shopping.

This packing is not limited for use for SwapC’s membership activity, however you agree that upon receipt of afore mentioned mailers, you are responsible for its usage and its responsible disposal.

f) Use of SwapC’s. Your SwapC’s account is personal to you and you agree not to create more than one account. You cannot transfer or gift coins to third parties or allow third parties to use your SwapC’s account, including other SwapC’s users. You must not use or exploit the Site for commercial purposes. To use your SwapC’s membership you must have access to the Internet. We continually update and test various aspects of the SwapC’s platform. We reserve the right to, and by using our the Site you agree that we may, include you in or exclude you from these test without notice. You understand and agree that SwapC’s may take actions we deem reasonably necessary to prevent fraud and abuse.

You agree that the information you provide to SwapC’s at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Classes.

g) Eligibility Criteria. The availability of all or part of our Site may be limited based on demographic, age, or other criteria as we may establish from time to time. You understand and agree we may disallow you from subscribing to SwapC’s or may terminate your subscription at any time based on these criteria. You further understand that the Site may not be available in every geography.


3. Fees, Billing, Cancellation.

a) Recurring Billing. By initiating your SwapC’s subscription, you authorize us to charge you for your initial subscription period and a recurring periodic subscription fee at the then current rate. Increases in the current rate will be notified to you by e-mail or other notice (such as when you log into your account). You acknowledge that the amount billed each period may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Note that even if you do not use the subscription or access the Site, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated.

b) Subscription Cycle. When you sign up and purchase your SwapC’s membership, your first Subscription Cycle outside of your free trial period will be billed immediately. Unless we expressly communicate otherwise, your subscription will automatically renew each periodically and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your subscription will be deemed to auto-renew on the day immediately following the date of expiry of your current membership cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All membership auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.

c) Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are non-refundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund to subscribers for their current prepaid period in the following circumstances: (i) if you are cancelling as set forth in Section 3(g) below or (ii) if your subscription is cancelled prior to the end of a period for which you have incurred a charge, due to your relocation, disability or death; provided, however, in each case we reserve the right to charge a fee to cover the cost of any class or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law.

d) Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your subscription will take effect on your next billing cycle upon notice communicated through a posting on the SwapC’s website or mobile applicable or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your subscription, you will be deemed to have accepted these new fees.

e) Payment Methods. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

f) Cancellation. Unless we communicate otherwise, and in addition to your right to cancel within 14 days of initial purchase as set out below, you may terminate your subscription at any time before your subscription renews, by going into your account settings on the SwapC’s website and letting us know you would like to cancel. Unless we communicate otherwise, and except for during a Trial, following any cancellation you will continue to have access to your subscription through the end of your current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your subscription, we reserve the right to charge a reactivation fee if you want to return to SwapC’s in future months or to restrict your access in future months.



You have the right to cancel your membership contract within 14 days of your initial sign-up without giving any reason.

The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us either at your option, by contacting us via info@swapcs.co.uk of your decision to cancel this contract by a clear statement.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you unless you have requested to begin your membership during the cancellation period.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount that is in proportion to what has been performed until you have communicated us your cancellation from this contract, in comparison with the full coverage of the contract.


a) Trials. From time to time we may offer a trial membership that includes access to the SwapC’s platform during the trial period. The content and features available during your Trial may differ from those available during subsequent Subscription Cycles. Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to uploaded or purchase an item at the time of sign up, and ends at 11:59pm local time on the last day of the trial (for a one-week trial, this would be the same weekday of following week). If you cancel your Trial, your cancellation will be processed and your Trial period will end immediately, your coins and subsequent items for sale will become inactive. Each trial membership automatically will convert to a regular monthly subscription and price unless cancelled by 12pm local time on the day before the last day of trial. Customers may also chose a cycle period prior to the trial period ends, either monthly, quarterly or annually. Trials, discount offers, and promotions (collectively “Trials”) may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a SwapC’s account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or trial at the same time. SwapC’s reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.

b) Refer a Friend. From time to time we may make available certain incentives for SwapC’s users to refer a friend to use the platform. The current terms that apply to referrals a can be found below;

  • A member of SwapC’s, free trial or otherwise may refer a friend by providing them with a link code.
  • The SwapC’s member shall receive a 5 free coins in lieu of a months free trial. day free period, either as an extension to their trial period, or as a month (pro
  • There is no limit to the number of referrals the SwapC’s member can make in a period.

c) Other Promotions. SwapC’s may offer additional types of offers and promotions which will be subject to additional terms and conditions that SwapC’s may provide.

5. Termination or Modification by SwapC’s

You agree that SwapC’s, in its sole discretion and for any or no reason at any time, may (i) terminate, cancel, deactivate, disable, delete and/or suspend any account, subscription, any orders placed, your access to or use of the Site, your membership or any affiliates you may have with SwapC’s or use of the Site and remove and discard all or any part of your account or any content uploaded by you and/or (2) discontinue, disable, suspend, modify or alter any aspect, feature or policy of the Site including of your subscription. SwapC’s may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. SwapC’s shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are subscriber, then upon any such termination by us without cause, as your sole recourse, we will issue you a pro rata refund of the prepaid portion of your subscription applicable to future unused services. If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership or the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that SwapC’s will not be liable to you or any third party for any such termination, You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription. If SwapC’s deletes your account for these reasons, you may not re-register for or use the Site and/or Classes under any other user name, email, payment method or profile. SwapC’s may block your access to the Site to prevent re-registration.

6. Privacy

Your privacy is important to SwapC’s. The SwapC’s Privacy Policy can be found on the Site as a separate link. Please read the privacy policy carefully for information relating to SwapC’s collection, use, and disclosure of your personal information.

7. Prohibited Conduct

Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:

  • Harass, threaten, stalk, disrupt or defraud users, members or staff of SwapC’s or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
  • Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;
  • Share SwapC’s passwords with any third party or encourage any other user to do so;
  • Make unsolicited offers, ad vertisements, proposals, or send junk mail or “spam” to users;
  • Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
  • Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
  • Upload material (e.g. virus) that is damaging to computer systems or data of SwapC’s or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
  • Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
  • Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;
  • Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
  • Link to, mirror or frame any portion of the Site;
  • Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
  • Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
  • Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
  • Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site;
  • Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
  • Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.

SwapC’s reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

8. User Submissions

a) General. The Site provides certain features which enable you and other users to submit, post, share and search for content and information, which may include (without limitation) text, graphic and pictorial works, profile information, and information about items currently being sold by you.

(“User Submissions”). User Submissions also include reviews, ratings and other feedback (“Reviews”). We strongly recommend that you think carefully about what you upload to, share with or make accessible to the Site. SwapC’s does not guarantee any anonymity or confidentiality with respect to any User Submissions. For information on how we use your personal information, please see our Privacy Policy.

b) Reviews. You understand and agree that Reviews may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Swapc’s’ platform), may read or have access to your Reviews. SwapC’s is not responsible for the use or disclosure of any information that you disclose in connection with Reviews, including any personal information. Reviews are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, SwapC’s. You understand that all Reviews are the sole responsibility of the person from whom such Review originated. This means that you, and not SwapC’s, are entirely responsible for all Reviews that you upload, post, e-mail, transmit, or otherwise make available through the Site.

c) Right to Remove or Edit User Submissions. SwapC’s makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. SwapC’s may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that SwapC’s determines in its sole discretion to violate the standards of this Site. SwapC’s takes no responsibility and assumes no liability for any User Submissions.

d) License Grant by You to SwapC’s. By accessing and/or using our services, you hereby grant SwapC’s and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “SwapC’s Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce (including by making mechanical reproductions), distribute, modify, adapt, translate, prepare derivative works of, publicly display, publish, publicly perform, and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and SwapC’s’ (and its successors’) business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed. You acknowledge that you may have what are known as “moral rights” in your User Submissions, for example the right to be named as the creator and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in User Submissions.

e) User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize SwapC’s to use all patent, trademark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by SwapC’s and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, SwapC’s’ or any SwapC’s Licensee’s use of such User Submissions pursuant to these Terms, and SwapC’s or any of SwapC’s Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libelous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation, or these Terms ; or (d) exploits minors or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.

f) Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that SwapC’s does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. YOU ACKNOWLEDGE AND AGREE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT NEITHER SWAPC’S (HAS ANY LIABILITY TO YOU IN RESPECT OF ANY SUCH USER SUBMISSIONS.

g) Feedback. If you provide SwapC’s with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), SwapC’s shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant SwapC’s a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.

h) Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SwapC’s may have at law or in equity.

i) SwapC’s ratings. You may be required to rate your Classes and/or other SwapC’s experiences that you reserve.

j) Advertising.You give us permission to use and display your User Submissions next to or in connection with ads, offers, and other messages to your SwapC’s friends, without any compensation or advance notice. We may, for example, send an email to one of your SwapC’s friends to encourage them to join you in a class. You can update your preferences at any time by navigating to the Privacy Settings.

9. Ownership; Proprietary Rights

The SwapC’s website and mobile applications are owned and operated by the SwapC’s group of companies. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by SwapC’s (“Materials”) are protected by local copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials contained on the Site are the copyrighted property of SwapC’s or its subsidiaries or affiliated companies and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service.. All trademarks, service marks, and trade names used by us on the Site are proprietary to SwapC’s or its affiliates and/or third-party licensors. Except as expressly authorized by SwapC’s, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.

10. Third-party Sites, Products and Services; Links

The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. SwapC’s does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, SwapC’s makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.

Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party. YOU AGREE THAT SWAPCS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTY ON THE SITE.



12. Dispute Resolution

Generally, if a dispute arises between SwapC’s and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and SwapC’s agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

13. Miscellaneous

a) Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against SwapC’s must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.

b) Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.

c) Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

d) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

e) Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and SwapC’s relating to the subject matter herein.

f) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.

h) Notices. Notices will be sent to you at the email address that you provided to SwapC’s during the registration process. Notices may be sent to us at info@swapcs.co.uk Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.