Please read these Terms of Service (“Terms” or “Terms of Service”) carefully before using the SwAppIt Mobile Application, or the SwAppIt website (together, or individually, the “Service”), operated by SadeleCo SAL (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. If you do not accept or agree to comply with these Terms, you must not use the Service. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change or be updated from time to time at our sole discretion.
1. ACCOUNTS
1.1 When you create an account with us, you guarantee that you are above the age of eighteen (18), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service. You agree that all information you provide us is governed by our Privacy Policy (available on the following link: http://swappitapp.com/privacy-policy/) and you consent to all actions we take with respect to your information with our Privacy Policy.
1.2 You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your mobile, computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
1.3 We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel item listings in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time for any period.
2. GENERAL USER TERMS
2.1 We reserve the discretion to withdraw any material or user material from SwAppIt without prior notice and to refuse any user material posted or provided to SwAppIt by you.
2.2 We reserve the right to suspend or terminate your account for a breach of these terms or if such suspension or termination is otherwise appropriate. In the event of such suspension or termination, we will notify you by email and you must not seek to re-register on SwAppIt either directly or indirectly through a related entity. Our rights under this Clause 2.2 shall not prejudice any other right or remedy we may have in respect of any breach, or any rights, obligations or liabilities accrued prior to such suspension or termination.
2.3 For the avoidance of doubt, we are providing not goods. Our Service consists in allowing SwAppIt users to barter and exchange goods.
2.4 SadeleCo SAL, or any of our affiliates and subsidiaries, own all Intellectual Property rights in and associated with SwAppIt and the Service, including without limitation, any trademarks, trade names, designs, text, graphics and the selection and arrangement thereof. Nothing contained on SwAppIt should be construed as granting by implication or otherwise, any license or right to use any trademark displayed on SwAppIt without our written permission. You may print off one copy, and may download extracts, of any page(s) from SwAppIt for your personal use and you may draw the attention of others to content posted on SwAppIt, but you must not modify the digital or paper copies of any materials you have printed off or downloaded in any way, and you must not use any photographs or videos separately from any accompanying text. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of SwAppIt or the materials therein. material displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of SwAppIt, the materials, or the collective work or compilation is expressly prohibited.
2.5 You are invited to send comments to us on [support@swappitapp.com] relating to the integrity and performance of other users of SwAppIt.
2.6 The following restrictions shall apply to all SwAppIt users, and you must:
2.6.1 not use SwAppIt or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Service, or act fraudulently or maliciously;
2.6.2 not transmit any material designed to interrupt, damage, destroy, or limit the functionality of SwAppIt or the Service;
2.6.3 not use the Service other than for your own personal use;
2.6.4 not use the Service in any manner that is illegal, immoral or harmful to us, or in breach of any of our policies or guidelines;
2.6.5 not publish any material which may encourage a breach of the relevant laws or regulations;
2.6.6 “stalk”, harass, or bully anyone;
2.6.7 list material that does not belong to you, is not yours to list, or material to which you have not received consent to list;
2.6.8 not interfere with any other user’s enjoyment of SwAppIt, or conduct yourself in an offensive manner whilst using SwAppIt;
2.6.9 not collect personal data about other SwAppIt users for commercial or unlawful purposes;
2.6.10 not list or transmit user material that harasses, degrades, intimidates or is hateful towards any individual or group of individuals on the basis of religion, gender, race, age or disability; or
2.6.11 not list or transmit any user material that includes personal or identifying information about another person without that person’s explicit consent.
2.7 We permit you to list items and post user material on SwAppIt in accordance with the applicable procedures provided that such listed items or user material is not illegal, misleading, obscene, abusive, threatening, or defamatory. You must not post any unacceptable material and, in respect of any user material you post or items you list, you warrant that it is not unacceptable.
3. LIMITATION OF LIABILITY
3.1 We shall not be liable for any:
3.1.1 consequential and indirect losses;
3.1.2 loss of profit;
3.1.3 loss of business;
3.1.4 loss of data;
3.1.5 loss of opportunity;
3.1.6 loss of savings, discount or rebate;
3.1.7 harm to reputation or loss of goodwill;
3.1.8 loss of anticipated savings.
3.2 The limitations at Clause 3.1 shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with SwAppIt or the Service, as well as by reason of any information, opinions or advice received through or advertised in connection with the Service or any links to SwAppIt or the Service.
3.3 The limitations in this Clause 3 shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that we shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any user or third party and that the risk of harm or damage from the foregoing rests entirely with you.
3.4 Whilst we will take all reasonable attempts to exclude viruses from SwAppIt, we cannot ensure such exclusion and no liability is accepted for viruses. You are recommended to take all appropriate safeguards before accessing or downloading information or any material from SwAppIt.
3.5 SwAppIt includes information and materials uploaded by other users of SwAppIt. This information and these materials have not been verified or approved by us and we shall not be liable for any material which may be deemed unacceptable. You further may be exposed to material that is inaccurate, offensive, indecent, objectionable, defamatory, or libellous and, as far as the law allows, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
3.6 We do not guarantee that SwAppIt will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that SwAppIt will not be affected by force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities. We may suspend or withdraw or restrict the availability of all or any part of SwAppIt for business and operational reasons at any time and shall not be liable for any interruption to the Service, whether intentional or otherwise. We recommend that you back up any content and data used in connection with SwAppIt, to protect yourself in case of problems with SwAppIt or the Service.
3.7 We do not guarantee, represent or warrant that the information accessible via SwAppIt is accurate, complete or current. We have no liability whatsoever in respect of any use which you make of such information. SwAppIt, the Service, and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
3.8 SwAppIt and the Service have not been developed to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to entering into any transaction or decision that SwAppIt, the Service and the material are suitable for your purposes. In making any financial or other decision based on material or other information on SwAppIt, you accept that you do so exclusively at your own risk and we shall have no liability in respect of the same.
3.9 The Website is controlled and offered by us. We make no representations or warranties that SwAppIt is appropriate for use in locations other than the intended locations. Those who access or use SwAppIt from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
4. INDEMNITY
4.1 You agree to defend, indemnify and hold us harmless along with our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from (a) your improper use of, or your inability to use, SwAppIt or the Service; (b) your breach of any provision of these Terms; and/or (c) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. As far as the law allows, this defence and indemnification obligation will survive termination, modification or expiration of these Terms and your use of SwAppIt and the Service.
5. GENERAL
5.1 These Terms, the Privacy Policy and any other expressly incorporated document constitute the entire agreement between you and us and neither party has relied on any representation made by the other party unless such representation is expressly included in these Terms. Nothing in this Clause 5.1 shall relieve either party of liability for fraudulent misrepresentations and neither party shall be entitled to any remedy for either any negligent or innocent misrepresentation except to the extent (if any) that a court or arbitrator may allow reliance on the same as being fair and reasonable.
5.2 We reserve the right to alter our Terms from time to time. The effective date at the time the user is reading these terms is set out at the top of these Terms. Prior to using SwAppIt again in the future, you should check that the effective date has not changed. If it has, you should examine the new set of terms and conditions and only use SwAppIt if you accept the new terms and conditions. If you do not accept the changes, you should immediately discontinue your access to SwAppIt and your use of the Service.
5.3 If any provision of these Terms or part thereof shall be void for whatever reason, it shall be deemed deleted and the remaining provisions shall continue in full force and effect.
5.4 We reserve the right to assign or subcontract any or all of its rights and obligations under these Terms. You may not assign or otherwise transfer your rights or obligations under these Terms without our prior written consent.
5.5 Any notice given pursuant to these Terms may be served personally or by email to the last known email address of the addressee. It is your responsibility to promptly update us of any change of address or email address. Such notice shall be deemed to have been duly served upon and received by the addressee, when served personally, at the time of such service or when sent by email 24 hours after the email has been sent.
5.6 We shall not be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder resulting from acts or causes beyond its reasonable control or from any force majeure events, acts of God, acts or regulations of any governmental or supra-national authority.
5.7 Any delay or forbearance by us in enforcing any provisions of these Terms or any of our rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
5.8 The headings in these Terms are solely used for convenience and shall not have any legal or contractual significance.
6. NOTICE OF DISPUTE
6.1 In the event of a dispute, you or SwAppIt must give the other a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute via email to: [support@swappitapp.com]. SwAppIt will send any notice of dispute to you by mail to your address if we have it, or otherwise to your email address. You and SwAppIt will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or SwAppIt may commence arbitration.
7. BINDING ARBITRATION
7.1 If you and SwAppIt don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or other complaint handling scheme/tribunal. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and the arbitration shall take place in Lebanon. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the non-prevailing party.
8. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
8.1 Except where our arbitration agreement is prohibited by law, the laws of the Republic of Lebanon, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to these Terms, the Service, or your relationship with SwAppIt. Notwithstanding the foregoing, the Arbitration section here shall be governed by the governing law.
9. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
9.1 Except where our arbitration agreement is prohibited by law, the laws of the Republic of Lebanon, without regard to its conflict of laws rules, shall apply to any disputes arising out of or relating to these Terms, the Service, or your relationship with SwAppIt. Notwithstanding the foregoing, the Arbitration section here shall be governed by the governing law.
