Swipik Terms of Service

​

 

Terms of Service

Axioma E- Commerce Platform Ltd. and its related companies and affiliates (“Swipik”) is an on-line platform marketplace that allows users to offer, sell, and buy pre-loved items and other services to users worldwide. You agree to our Terms of Service (“Terms”) by installing, accessing, or using our apps, services, features, software, or website (together, “Services”).

1.About our Services

1.1.Minimum Age. You must be at least 18 years old, or the age of majority as that is defined in your jurisdiction, whichever is older, to use our Services in any manner. By using our Services or accepting this Agreement, you represent and warrant to us that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by the terms and conditions contained in this Agreement. You also represent and warrant to us that you will use our Services in a manner consistent with any and all applicable laws and regulations.

1.2.Account Registration. To create an account you must register for our Services. Should you provide your phone number and/or email, you agree to receive text messages and phone calls and/or emails (from us or our third-party providers) with verification codes to register for our Services.

1.3.Privacy of user data. Swipik does not sell or monetize your personal data or content in any way – ever.

1.4.Please read our Privacy Policy to understand how we safeguard the information you provide when using our Services. For the purpose of operating our Services, you agree to our data practices as described in our Privacy Policy, as well as the transfer of your encrypted information and metadata to our facilities, service providers or partners in other countries..

1.5.Updates. In order to enable new features and enhanced functionality, you consent to downloading and installing updates to our Services.

1.6.Data and Mobile Carrier Fees. You are responsible for data and mobile carrier fees and taxes associated with the devices on which you use our Services.

2.Using Swipik

2.1.In connection with using or accessing our Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

●transmit, post, distribute, store or destroy material, including without limitation, Swipik Content, (a) in violation or circumvention of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is false, inaccurate, misleading, deceptive, defamatory, libelous, obscene, threatening, abusive, hateful, or illegal.

●fail to pay for items purchased by you or deliver items sold by you, unless you have a valid reason as set out in this User Agreement.

●manipulate with the demand or supply of any item sold including in the price thereof.

2.2.Our Terms and Policies. You must use our Services according to our Terms and posted policies. If we disable your account for a violation of our Terms, you will not create another account without our permission.

2.3.Rules Of Conduct . Your use of our Services is subject to all applicable local, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your username or password. You shall not use, allow, or enable others to use our Services, or knowingly condone use of our Services by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else or otherwise inappropriate, including promoting violent crimes; affect us adversely or reflect negatively on us, our Services, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of our Services, or from advertising, linking or becoming a supplier to us in connection with our Services; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; contact anyone who has asked not to be contacted; harass anyone by any means; involve publishing falsehoods, misrepresentations, or misleading statements; impersonate someone; violate any laws, regulations, judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to our Services, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to our Services or to use our Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement; involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, and auto-dialing; modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Services or the rights of use and enjoyment of our Services by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of our Services, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

2.4.Harm to Swipik or its Users. You must not (or assist others to) access, use, modify, distribute, transfer, or exploit our Services in unauthorized manners, or in ways that harm Swipik, our Services, or systems. For example you must not: (a) gain or try to gain unauthorized access to our Services or systems; (b) disrupt the integrity or performance of our Services; (c) create accounts for our Services through unauthorized or automated means; (d) collect information about our users in any unauthorized manner; (e) sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (f) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services; (g) access the Services in order to build a similar or competitive Services; and (h) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Swipik's written consent. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

2.5.Buyers and Sellers rules of conduct:

2.5.1.Contacting buyers or sellers outside of Swipik with regards to the items sold on Swipik is not allowed.

2.5.2.Contact information sharing is prohibited, including email addresses and phone numbers, prior to completing a transaction on Swipik.

2.5.3.Posting catalogs for items to be purchased outside of Swipik.

2.5.4.Users must complete the transaction using the Swipik Services. Any transaction outside the Swipik Services are a violation of the these Terms and Conditions and Swipik is not responsible for any such transactions.

2.6.Obligations of The Seller. Seller agrees to:

2.6.1.To assume full and sole responsibility for the items offered and the accuracy and completeness of the information (including images) provided in the listing, including any information created using Swipik Services or services offered by third parties.

2.6.2.Deliver goods which are of the quantity, quality and description as promised in the listing and which are contained or packaged in the manner as promised in the listing;

2.6.3.Report Swipik on any violation of these Terms and Conditions.

2.7.Obligations of The Buyer. Buyer agrees as follows:

2.7.1.To be responsible for reading the full item listing before making a bid or offer, buying, or committing to buy;

2.7.2.To enter to a legally binding contract with Seller with regards to an item sold when Buyer buys the item, commit to buy an item, or in any way you agree to be bound to the terms of sale.

2.7.3.That your Credit Card Company will hold and/or block an amount equal to the consideration agreed upon between Seller and Buyer plus applicable taxes, if any, and will pay for the items purchased upon delivery of the item to Buyer, unless a complaint in writing was received in accordance with these Terms.

2.7.4.To examine the items purchased, or cause them to be examined, upon delivery or pickup to the Buyer, and notify Swipik in writing of any lack of conformity between the listing and the actual item received. After Swipik receives such complaint, Swipik shall hold funds paid to Seller until complaint is resolved by Swipik subject to Swipik’s sole discretion.

2.7.5.Swipik shall have sole discretion in determining Buyer’s complaint for lack of conformity, and in case such complaint is justified, Buyer’s money shall be returned.

2.7.6.To report to Swipik of any violation of these Terms and Conditions.

 

2.8.Modification. Swipik reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Swipik will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2.9.Keeping Your Account Secure. You are responsible for keeping your device and your Swipik account safe and secure and to prevent any unauthorized access to your device and Swipik account. If you lose your mobile device, follow the steps on our support site to re-register for our Services. When you register with a new device, your old device will stop receiving all messages and calls.

2.10.NO ACCESS TO EMERGENCY SERVICES. Our Services do not provide access to emergency service providers including the police, fire departments, hospitals, or other public safety organizations. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.

2.11.Third-party services. Our Services may allow you to access, use, or interact with third-party websites, apps, content, and other products and services. When you use third-party services, their terms and privacy policies govern your use of those services.

3.License

3.1.Your Rights. Swipik does not claim ownership of the information that you submit through our Services. You must have the necessary rights to such information that you submit for your account or through our Services and the right to grant the rights and licenses in our Terms.

3.2.Swipik’s Rights. You acknowledge that we own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless you have our written permission.

3.3.Your License to Swipik. In order to operate and provide our Services, you grant Swipik a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the limited purpose of operating and providing our Services (such as to allow us to display your profile picture and status message, transmit your messages, store your undelivered messages on our servers for up to Seven (7) years as we try to deliver them, and otherwise as described in our Privacy Policy).

3.4.Swipik’s License to You. Swipik grants you a limited, revocable, non-exclusive, and non-transferable license to use our Services in accordance with these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.

3.5.User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or messages). You are solely responsible for your User Content and the use you may make with other users' content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Rules of Conduct (defined in Section 2.2). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Rules of Conduct. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.6.User Discretion. User discretion is advised while using our Services. You agree that you do not use the Services to (i) upload, post, or otherwise transmit information that is unlawful, harassing, obscene, or hateful; or (ii) upload, post, or otherwise transmit any private information on you or third parties that can be used for illegal purposes or purposes that violate our Rules of Conduct, including, but not limited to bank account details, credit card number, id or social security number, photos of minors and/or that contain nudity or pornography of any sort. Swipik does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, reliability or other attributes of any User Content, nor does Swipik review or attempt to verify the accuracy of any User Content. As between you and Swipik, you are solely responsible for (i) determining the suitability of any User Content for its intended use by you, and (ii) as necessary for its intended use, verifying the authenticity, integrity, and accuracy of the User Content prior to using it. Swipik has no obligation to preview, verify, flag, modify, filter or remove any User Content. Either Swipik or Customer may remove or disable access to any User Content at its sole discretion, but Swipik is not responsible for any failures or delays in removing or disabling access to any User Content.

3.7.Reporting intellectual property infringement. To report copyright, trademark, or other intellectual property infringement, please contact support@swipik.com . We may terminate your Swipik account if you repeatedly infringe the intellectual property rights of others.

4.Disclaimers and Limitations

4.1.Disclaimers. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE PROVIDE OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. SWIPIK DOES NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, “SWIPIK PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES.

4.2.Limitation of liability. THE SWIPIK PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SWIPIK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SWIPIK PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

4.3.Availability of Our Services. Our Services may be interrupted, including for maintenance, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time.

5.Indemnification

You agree to defend, indemnify, and hold harmless the Swipik Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach or alleged breach of our Terms; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Claim.

6.Intellectual Property Violations

Swipik efforts are to ensure that the Users of its Services do not violate third party ownership of intellectual property, and therefore if you believe that the use of the Services, including any posting by Users infringe your intellectual property rights, please notify us at: support@swipik.com.

7.Ending these Terms

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for Swipik. The following provisions will survive termination of your relationship with Swipik: “License”, “Disclaimers”, “Limitation of Liability”, “Governing Law and Jurisdiction”, “Availability of Our Services”, “Ending these Terms”, and “Miscellaneous”.

8.Governing Law and Jurisdiction.

The laws of the State of [  ] govern these Terms, as well as any disputes, whether in court or arbitration, which might arise between Swipik and you, without regard to conflict of law provisions. The competent courts in [   ], shall have exclusive jurisdiction over any claim you have with us relating to or arising out of our Terms, us, or our Services. You also agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such disputes.

9.Miscellaneous

9.1.Swipik may update the Terms from time to time. When we update our Terms, we will update the “Last Modified” date associated with the updated Terms. Your continued use of our Services confirms your acceptance of our updated Terms and supersedes any prior Terms. You will comply with all applicable export control and trade sanctions laws. Our Terms cover the entire agreement between you and Swipik regarding our Services. If you do not agree with our Terms, you should stop using our Services.

9.2.If we fail to enforce any of our Terms, that does not mean we waive the right to enforce them. If any provision of the Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from our Terms and shall not affect the enforceability of the remaining provisions. Except as contemplated herein, our Terms do not give any third-party beneficiary rights. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

9.3.All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. You will not transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.

9.4.If you have specific questions about these Terms, please contact us at support@swipik.com.