ACCEPTABLE USE POLICY

WHAT’S IN THESE TERMS?

This Acceptable Use Policy sets out the content standards that apply when you upload content to our website www.we-swap.com or our mobile application (“Platform”), make contact with other users on our Platform, link to our Platform, or interact with our Platform in any other way,

WHO WE ARE AND HOW TO CONTACT US

We Swap and our Platform is operated and managed by Swap Any Car Ltd, trading as We Swap. We are a company incorporated in England and Wales (company number 14413684). Our registered office address is Unit 2 99 – 101 Kingsland Road, Hoxton, London, England, E2 8AG) (“We Swap”, “we”, “us”, “our”).

Contact Us

To contact us, please email info@we-swap.com or write to us at Swap Any Car Ltd, Unit 2 99 – 101 Kingsland Road, Hoxton, London, England, E2 8AG.

BY USING OUR PLATFORM, YOU ACCEPT THESE TERMS

By using our Platform, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our Platform.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

As a user of our Platform, the following additional terms shall also apply to you:

Our Platform Terms and Conditions , which apply to your use of our Platform.
Our Privacy Policy , which sets out how we will process personal information that you provide us in connection with your use of our Platform.
Our Cookie Policy, which sets out information about the cookies we use on our Platform.

WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY

We amend these terms from time to time. Every time you wish to use our Platform, please check these terms to ensure you understand the terms that apply at that time.

PROHIBITED USES

You may not use our Platform:

in any way that breaches any applicable local, national or international law or regulation.
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
for the purpose of harming or attempting to harm minors in any way.
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards (set out below).
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
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.
in any way that involves child sexual exploitation or abuse.
to upload terrorist content.

You also agree to:

refrain from participating in any deceitful practices or actions that violate relevant laws;
only utilise the Platform for genuine purposes, such as seeking to buy, sell, or exchange vehicle(s) in good faith;
avoid using the Platform in ways that may cause harm, disable, or overburden our servers or networks, or disrupt other users’ ability to use and enjoy the Platform;
refrain from using our Platform for any marketing or advertising purposes without our consent;
not utilise or permit the use of any web scraping, screen crawling, or similar technology to extract data from the Platform without obtaining our written permission beforehand; and
refrain, unless expressly permitted by law and not subject to exclusion by law, from copying, reproducing, redistributing, selling, creating derivative works from, decompiling, reverse engineering, or disassembling all or any part of the Platform.

INTERACTIVE SERVICES

We provide interactive features on our Platform, for example chat rooms which allow Buyers and Sellers to connect and interact with each other (“Interactive Services”). You agree to use the Interactive Services in a way that is fair, honest and reasonable at all times.

We will do our best to assess any possible risks for users from third parties when they use any Interactive Services provided on our Platform, however you acknowledge and agree that we do not oversee, monitor or moderate any Interactive Services we provide on our Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our Content Standards.

CONTENT STANDARDS

These Content Standards apply to any and all content which you contribute to our Platform (“Contribution”), and to any Interactive Services associated with it.

These Content 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.

We Swap will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

be accurate (where it states facts).
be genuinely held (where it states opinions).
comply with the law applicable in England and Wales and in any country from which it is posted.

A Contribution must not:

be defamatory of any person.
be obscene, offensive, hateful or inflammatory.
bully, insult, intimidate or humiliate.
promote sexually explicit material.
include child sexual abuse material.
promote violence.
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
infringe any copyright, database right or trade mark of any other person.
be likely to deceive any person.
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
promote any illegal content or activity.
be in contempt of court.
be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
be likely to harass, upset, embarrass, alarm or annoy any other person.
impersonate any person or misrepresent your identity or affiliation with any person.
give the impression that the Contribution emanates from We Swap if this is not the case.
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.
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
contain any advertising or promote any services or web links to other sites.

For the avoidance of doubt, for any Contribution in the form of video content:

you must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
you must not upload a video containing harmful material.
you must not upload a video containing advertising for any of the following:
cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or
for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
Any advertising included in a video you upload must not:
prejudice respect for human dignity;
include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
encourage behaviour prejudicial to health or safety;
encourage behaviour grossly prejudicial to the protection of the environment;
cause physical, mental or moral detriment to persons under the age of 18;
directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
exploit the trust of such persons in parents, teachers or others; or
unreasonably show such persons in dangerous situations.
You must use Contact Us to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

You must ensure that your Contribution:

a )is complete and accurate and not misleading or untrue in any way;

b)does not infringe any intellectual property rights of other rights of any third party;

c)is not fraudulent, tortious, or otherwise in violation of any applicable law;

d)will not bring We Swap its users or its affiliated partners into disrepute.

BREACH OF THIS POLICY

When we consider that a breach of this Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Acceptable Use Policy constitutes a material breach of our Platform Terms and Conditions upon which you are permitted to use our Platform, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Platform.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our Platform.
Issue of a warning to you.
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.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

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.

HOW THIS CONTRACT CAN BE TRANSFERRED

We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.