Ozyswap is designed to create an open and enjoyable experience, but it also has limits and risks that you should understand before participating.
Please help us to keep Ozyswap an enjoyable and positive experience. If you see a listing that violates the rules below, please let us know by contacting us through the Ozyswap contact desk.
Ozyswap’s Rights To Terminate.
You agree that Ozyswap, in its sole discretion, may terminate any swap listing or use of the service immediately and without notice if:
(a) Ozyswap believes that you have acted inconsistently with the spirit or the letter of this Terms of Service or
(b) if Ozyswap believes you have violated or tried to violate the rights of other users.
Your Conduct.
You are solely responsible for the contents of your transmissions through the service. You must ensure that your participation in the swapping of items or services does not violate any applicable laws or regulations. By this we mean that you must check that you are not prohibited from doing so by any law or regulation. In particular, you may not swap property which requires a written contract, which is illegal, which requires a licence to buy or sell (for instance firearms, alcohol or pharmaceutical drugs) or which requires you to obtain an export licence.
You must not transmit through the service any unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
If either Ozyswap or any user terminates a user’s membership, that user will continue to owe Ozyswap any money that was owed to Ozyswap prior to termination.
Ozyswap prohibits the use of another internet service to send or post Spam to drive visitors to your site hosted on or through the Ozyswap system, whether or not the messages were originated by you, under your direction of a related or unrelated third party.
Eligibility for Membership.
Our services are available only to individuals who can form legally binding contracts under applicable law. If you do not qualify you may not use our services.
Ozyswap is only a Venue.
Our site acts as the venue for members to list and swap items. We are not involved in the actual transaction between swappers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of swappers to complete swaps. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence.
There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between ozyswap and any User of the ozyswap service.
You give us a non-exclusive, worldwide, royalty-free, irrevocable, sublicense able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or User Data displayed in Your listings or bids. For the purpose of this Agreement, "User Data" shall mean all information (if any) submitted by you, (the "User") to Ozyswap with the exception of credit card numbers, bank account numbers etc.
No Resale or Unauthorized commercial use of the service. You agree not to make any unauthorized commercial use of the service without express written consent of ozyswap.
Ozyswap makes no warranty that the service will meet your requirements, or that the service will be uninterrupted, timely, secure, or entirely error free. We do not make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information provided by swappers and obtained through the service. We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise), even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of, Ozyswap.
We reserve the right to provide counterparties with information pertaining to a complaint or statement, written or oral, made against them by you or a third party acting with or without your consent. Because we do not and cannot be involved in user-to-user dealings, in the event that you have a dispute with one or more users, you release Ozyswap (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, know and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
User agrees that Ozyswap shall not be responsible or liable to user, or anyone for the statements or conduct of any third party on the service.
No advice or information, whether oral or written, obtained by user from Ozyswap or through or from the service shall create any warranty not expressly stated herein.
You agree that use of the service is at user's sole risk. The service is provided on an "as is" and an "as available" basis.
You must reimburse Ozyswap for any loss, cost or expense, which we suffer if someone else makes a claim against us as consequence of the use of the service by you or by someone else from your computer.
Ozyswap shall not be responsible for any items obtained by swapping, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. Ozyswap shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained.
Ozyswap assumes no liability for the content of the listings. The swap lister shall reimburse ozyswap for all losses ozyswap may suffer as a result of the listing, unless that loss is due to Ozyswap's act or omission.
Modification to the service.
We reserve the right to modify or discontinue the service if there is a change in the law or our operational requirements. We will not be liable to you for any loss you may suffer if we have to modify or cease the service for reasons beyond our control if we give you at least 30 days notice. In certain exceptional circumstances beyond our control we may have to change or discontinue the service without giving you this amount of notice. If this is the case we will give you as much notice as we can.
If you do not wish to use the new operating rules or policies you should not continue to use the service after the notice requirement.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of Australia and only the Courts of New South Wales Australia will decide any disputes.
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