Welcome to swapooks.ch, a peer-to-peer marketplace and online service platform. ("Swapooks," "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in Swapooks services. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users").
Please read this agreement carefully to ensure that you understand each provision. You understand and agree that Swapooks is not a party to any agreements entered into between buyers, sellers and owners, nor is Swapooks an agent or insurer. Swapooks has no control over the conduct of buyers and sellers or other users of the service and disclaims all liability in this regard. This agreement contains a mandatory arbitration of disputes provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
This Service is intended solely for people thirteen (16) years of age or older, and any registration, use or access to the Service by anyone under 16 is strictly prohibited. Swapooks reserves the right to limit or restrict access by any person, in our sole discretion.
End User License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. Swapooks may terminate this license at any time for any reason or no reason.
You agree to defend, indemnify and hold harmless Swapooks and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service or Products; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, copyrights, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of Switzerland or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
If you choose to use the service and/or participate in a rental, purchase, sale, share you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Swapooks or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Swapooks, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any sale will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
Limitation of Liability
Except as expressly provided in the insurance provision, to the maximum extent permitted by applicable law, in no event shall Swapooks, its affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any sale.
To the maximum extent permitted by applicable law, Swapooks assumes no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service or products; (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the service; (V) Any bugs, viruses, or the like that may be transmitted to or through our service by any third party; (IV) Any errors or omissions in any content or for any loss or damage incurred as a result of the us of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) User content or the defamatory, offensive, or illegal conduct of any third party. Therefore, Swapooks is not liable for any kind of content generated by buyers or sellers on Swapooks plattform. In no event shall Swapooks, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of either (a) The amounts paid by Swapooks to you in the twelve (12) month period prior to the event giving rise to the liability; or (b) Twenty Swiss Francs (20 CHF). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Swapooks and you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Swapooks has been advised of the possibility of such damage. The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Swapooks without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
You agree that: (i) the Service shall be deemed solely based in Basel; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Swapooks, either specific or general, in jurisdictions other than Basel. This Agreement shall be governed by the internal substantive laws of Basel. You agree to submit to the personal jurisdiction of a state court located in Basel for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that Swapooks has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Swapooks claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration in Basel. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney's fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Swapooks from seeking injunctive or other equitable relief from the courts as necessary to protect any of Swapooks’s proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and Swapooks are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Swapooks via the Service, shall constitute the entire agreement between you and Swapooks concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Swapooks’s
failure to assert any right or provision under this Agreement shall not
constitute a waiver of such right or provision.
If you list an article on Swapooks you are obligated to keep the listing updated. You also agree to not sell the same product over another service, marketplace or plattform while the listing on Swapooks is active. You can remove you listing at anytime. Please note that due to this regulation, a deal is binding as soon as a buyer clicks "buy" and the listing closes. A binding deal implies the follwoing; a buyer is obligated to pay the exact amount (incl. Shipping) displayed on the listing, whereby a seller is obligated to deliver the product as it is described in the listing. By using Swapooks both parties agree and understand that they are liable if regulations are violated. If necessary, a buyer or seller can take legal action against the counterparty to enforce the deal. Swapooks is not legally liable for any violations of listing or deal regulations. Swapooks can bann users who do not follow these regulations from the plattform. Furthermore, Swapooks can terminate a deal if necessary.