By using the toswap.com.au web site (“Service”), a service of toswap.com.au (“Toswap”, “We”, “Us”, “Our”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that change or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://things.toswap.com.au/tos

toswap.com.au Is a Venue

The Service is a venue to allow users who comply with Our policies to offer items for swapping on a one-for-one basis. We are not directly involved in the transactions between users. As a result, We have no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings or the ability of user to provide listed items. We do not pre-screen users or the content or information provided by users. We cannot ensure that a user will actually complete a transaction.

Consequently, We do not transfer legal ownership of items between users. We cannot guarantee the true identity, age, and nationality of a user. We encourage you to communicate directly with potential transaction partners through the tools available on the Service.

You agree that the Service is a venue and as such We are not responsible or liable for any content posted by you or other users of the Service, or for any transactions you undertake with other users of the Service.

General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis, without any representations or warranties, express or implied.
2. Technical support is not provided.
3. You understand that We use third party vendors and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Us.
5. You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve:
   1. transmissions over various networks; and
   2. changes to conform and adapt to technical requirements of connecting networks or devices.
6. We do not warrant that
   1. the Service will meet your specific requirements;
   2. the Service will be uninterrupted, timely, secure, or error-free;
   3. the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; and
   4. any errors in the Service will be corrected.
7. You understand that the Service may contain links to other web sites operated by third parties not under control of Toswap. We are not responsible for the content of any such third party web sites. We provide these links only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to third party web sites.

Appropriate Conduct

You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Service, you will not:

• use the Service for any illegal or unauthorised purpose;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• post any inappropriate, defamatory, infringing, obscene, or unlawful content;
• restrict or inhibit any other user from using and enjoying the Service;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorised purpose;
• transmit any worms, viruses or code of a destructive nature; or
• modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Toswap, or any other Toswap service.

While We prohibit such conduct and communications in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and/or communications and that you use the Service at your own risk.

Account Terms

1. You must not create an account under false or fraudulent pretenses.
2. You must provide your legal full name, a valid email address owned by you, and any other information requested in order to complete the signup process.
3. You must be a human. Accounts registered by automated methods are not permitted.
4. You must be 18 years or older and be able to form legally binding contracts under applicable law. Individuals under the age of 18 can use the Service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.
5. You must provide your full postal address in order to accept a swap offered by, or propose a swap to, another user of the Service.
6. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
7. You must keep your account information, including your email address and postal address, up-to-date and accurate at all times.

Listing and Swapping Items

1. When listing an item on the Service:
   1. you warrant that you and all aspects of the item comply with Our policies;
   2. you warrant that the item is legal;
   3. you warrant that you may legally swap the item;
   4. you must accurately and completely describe your item; and
   5. you must list each item in the appropriate media category.
2. By proposing a swap to another user, you accept that swap if and when the other user accepts your offer.
3. All accepted swaps are binding. By accepting a swap, you agree:
   1. to ship your item or otherwise complete the transaction in a prompt manner, unless there is an exceptional circumstance (e.g. not being able to authenticate the other party’s identity or address);
   2. to pay the cost of shipping your item to the other party; and
   3. to take reasonable precautions against damage of the item during shipping.

Indemnity and Resolution of Disputes

1. You agree to hold harmless and indemnify Us (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service.
2. We encourage you to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
3. For your benefit, We may try to help you resolve disputes. We do so in Our sole discretion, and We have no obligation to resolve disputes between you and other users of the Service or between you and outside parties. To the extent that We attempt to resolve a dispute, We will do so in good faith based solely on Our policies. We will not make judgments regarding legal issues or claims.

Limitations of Liability

You expressly understand and agree that We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such damages), resulting from:

1. the use or the inability to use the Service;
2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
3. unauthorised access to or alteration of your transmissions or data;
4. statements or conduct of any third party on the Service;
5. termination of your account; or
6. any other matter relating to the Service.

Cancellation and Termination

1. You are solely responsible for properly cancelling your account. You can cancel your account by using the Your Account page.
2. You must conclude all outstanding swaps before cancelling your account.
3. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Toswap service, for any reason at any time. Such termination of the Service will result in the suspension or deletion of your account or your access to your account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. We reserve the right to refuse service to anyone for any reason at any time.

Modifications to the Service

1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Copyright and Content Ownership

The content of the Service is copyright © Toswap. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS or visual design elements without express written permission from Us.

Reasonableness

By using the Service, you agree that the exclusions and limitations of liability set out in the Terms of Service are reasonable.

If you do not think they are reasonable, you must not use the Service.

Unenforceable Provisions

If any provision of the Terms of Service is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Terms of Service.

Privacy

Except as provided in Our Privacy Policy, We will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. You can review the most current version of the Privacy Policy at any time at: http://things.toswap.com.au/privacy

Questions about the Terms of Service should be sent to .

last updated 22 January, 2009