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Terms of Use

 

1. TERMS OF WEBSITE USE

This page (together with the documents referred to on it) explains the terms on which you may make use of the website swopitup.org (the site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using the site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the site.

 

2. INFORMATION ABOUT US

The Site is operated by SwopItUp CIC trading as ‘SwopItUp’ and referred to in these terms of use as “we”, “us” or “our”. SwopItUp is a not-for-profit company registered in England & Wales under Company No.  12065657 having its registered office at B007, Trident Business Centre, Tooting, London, SW17 9SH

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3. OPT IN

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When you submit our online forms on the website for "SwopItUp at my School" and "#SwopItUpClub" you are agreeing that we can contact you about SwopItUp. We will not share your information with any third parties and you can unsubscribe at any time by emailing team@swopitup.org.

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4. ACCESSING OUR SITE

a) Access to the site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the site without notice (see below). We will not be liable if for any reason the site is unavailable at any time or for any period. 

b)  From time to time, we may restrict access to some parts of the site, or the entire Site, to users who have registered with us. 

c)  You are responsible for making all arrangements necessary for you to have access to the site. You are also responsible for ensuring that all persons who access the site through your internet connection are aware of these terms, and that they comply with them.

 

5. PROHIBITED USES

a)  You may use the site only for lawful purposes. You may not use the site:

(i) in any way that breaches any applicable local, national or international law or regulation;

(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

(iii) for the purpose of harming or attempting to harm minors in any way;

(iv) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in clause 6 below;

(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation; or

(vi) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

b)  You also agree not to access without authority, interfere with, damage or disrupt:

(i) any part of the site;

(ii) any equipment or network on which the site is stored;

(iii) any software used in the provision of the site; or

(iv) any equipment or network or software owned or used by any third party.

 

6. INTERACTIVE SERVICES

a) We may from time to time provide interactive services on the site, including, without limitation, chat rooms, blogs and bulletin boards.

b)  Where we do provide any interactive service, we will provide clear information to you about the kind of service offered and whether it is moderated.

c) We will use our reasonable endeavours to assess any possible risks for users from third parties when they use any interactive service provided on the site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. We are, however, under no obligation to oversee, monitor or moderate any interactive service we provide on the site, and we shall have no liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

d) The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

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7. CONTENT STANDARDS

a) These content standards (standards) apply to any and all material which you contribute to the site (contribution), and to any interactive services associated with it. These standards must be complied with in spirit as well as to the letter. The standards apply to each part of any contribution as well as to its whole.

b) We will determine, in our discretion, whether a contribution breaches the standards.

c)  A contribution must:

(i) be accurate (where it states facts);

(ii) be genuinely held (where it states opinions); and

(iii) comply with the law applicable in England and Wales and in any country from which it is posted.

c)  A contribution must not:

(i) be defamatory of any person;

(ii) be obscene, offensive, hateful or inflammatory;

(iii) promote sexually explicit material;

(iv) promote violence;

(v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

(vi) infringe any copyright, database right or trade mark of any other person;

(vii) be likely to deceive any person;

(viii) breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

(ix) promote any illegal activity;

(x) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

(k) be likely to harass, upset, embarrass, alarm or annoy any other person;

(l) impersonate any person, or misrepresent your identity or affiliation with any person;

(m) advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or

(n) contain any advertising or promote any services or web links to other sites.

 

8. INTELLECTUAL PROPERTY RIGHTS

a) We are the owner or the licensee of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

b)  You may print off one copy, and may download extracts, of any page(s) from the site for your personal reference and you may draw the attention of others within your organisation to material posted on the site. 

c) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

d)  Our status (and that of any identified contributors) as the authors of material on the site must always be acknowledged. 

e)  You must not use any part of the materials on the site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of the site in breach of these terms of use, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

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9. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on the site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the site, or by anyone who may be informed of any of its contents. 

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10. OUR SITE CHANGES REGULARLY

We aim to update the site regularly and may change the content at any time. If we consider it necessary, we may suspend access to the site or close it indefinitely. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material.

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11. BREACH OF THIS POLICY

a) If we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

b)  Failure to comply with this acceptable use policy constitutes a material breach of the terms on which you are permitted to use the site, and may result in our taking all or any of the following actions:

(i) immediate, temporary or permanent withdrawal of your right to use the site;

(ii) immediate, temporary or permanent removal of any contribution uploaded by you to the site;

(iii) issue of a warning to you;

(iv) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(v) further legal action against you; and/or

(vi) disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

c)  We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

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12. OUR LIABILITY

a)  The material displayed free of charge on the site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude:

(i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

(ii) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results of the use of the site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • any loss of profits, sales, business, or revenue;

  • loss or corruption of data, information or software;

  • loss of business opportunity;

  • loss of anticipated savings;

  • loss of goodwill; or

  • any indirect or consequential loss

  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

b) We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.

c) Nothing in these terms shall limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

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13. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy. By using the site, you consent to such processing and you warrant that all data provided by you is accurate.

 

14. LINKING TO OUR SITE

a) You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

b) You must not establish a link from any website that is not owned by you.

c) The Site must not be framed on any other site, nor may you create a link to any part of the site other than the home page. We reserve the right to withdraw linking permission without notice.

d) If you wish to make any use of material on the site other than that set out above, please address your request to team@swopitup.org

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14. LINKS FROM OUR SITE

Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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15. JURISDICTION AND APPLICABLE LAW

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the site including any non-contractual obligations. These terms of use including any non-contractual obligations are governed by English law.

 

16. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the site.

 

17. YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact team@swopitup.org

 

Thank you for visiting our site.

 

Last updated on 14/05/20.

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