Terms and Conditions

Introduction and Acceptance of the Terms and Conditions

These Terms and Conditions (these “Terms”) govern the contractual relationship between Swaggle Inc. (“Swaggle” or “we”) and the users (“you”) of the Swaggle mobile app or the www.goswaggle.com website (collectively, the “Site”),. Both parties accept these Terms unreservedly. By visiting, accessing or using the Site, you have read and do unreservedly accept these Terms. These Terms are important to you and Swaggle as they are used to protect your rights as a valued customer and our rights as a business.

Use of the Site

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE SITE. The Site is not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Unless otherwise specified, the Site is for your personal and noncommercial use. You may not (i) modify, copy, distribute, reverse engineer, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content, other than for your use of the Site as expressly permitted in these Terms; (ii) access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (iii) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any business being conducted on the Site; (v) use the Site or any content, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity.

Changes to these Terms and the Site

The Site is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Site and these Terms from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms by checking this page regularly. Your continued use of the Site following the publishing of updated Terms will be deemed to mean that you have read and agree to the changes.

Access to the Site

We work hard to ensure the Site is always up and available, but we can't guarantee that the Site will not have downtime for any reason. We reserve the right to close the Site for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Site is unavailable at any time, for any length of time.

Parts of the Site require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Swaggle by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using the Site in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.

It is a condition of your use of the Site that all the information you provide on or to the Site is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms.

We do not guarantee that the Site or any content provided on the Site is error free. We manage your personal data according to our Privacy Policy.

Marketplace Only

We only provide an online marketplace to facilitate sales. The Site acts as a venue to allow qualified sellers to sell goods to buyers. We are not involved in the actual transaction between members. Swaggle does not obtain title to any purchased items and does not act as the buyer or seller or agent of such. As a result, we have no control over the quality, safety or legality of the item swapped or sold, the truth or accuracy of the listings, or the ability of members to fulfill their transactional obligations. We cannot ensure that other users will actually complete a transaction or guarantee the ability or intent of users to fulfill their obligation in any transactions. Swaggle reserves the right to delay completion of any transaction for a reasonably period of time for purposes of fraud detection and otherwise protecting Swaggle and its users from wrongful or illegal activities. Consequently, we do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of DC Code DC St. § 28-401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. We are not responsible for the bad acts of other users, including, but not limited to, any tortuous conduct or criminal activities. Swaggle is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of items that are on Swaggle’s marketplace. You understand that there are risks when dealing with other users and that these risks are borne by you.

For every transaction that occurs through this Site, you agree to make an independent determination regarding the product descriptions, photos or video, or representations of other users and the other user's ability to pay or deliver item(s) offered. Of course, you may contact Swaggle for more information; however, you understand that Swaggle is only providing an opinion to assist with your independent determination. By providing an opinion, Swaggle is not admitting to any responsibility for other users' actions as stated above.

Product information

Swaggle takes great care when putting product information, descriptions and images on-line but will not be held responsible for any mistakes or omissions to any information given.

Prices

The prices indicated on the Site are shown in U.S. dollars and may not include delivery, handling or other costs. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. We also reserve the right to use computerized logarithm to calculate both the buyer’s and seller’s price range. If an obviously incorrect price appears on our Site and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.

Availability

The seller will be responsible to fulfil buyer’s order once completed and paid for no later than 48 hours.

Service Fee

Joining Swaggle is free. Swaggle will only charge a standard commission fee of $2.95 for items sold below $20.00. Items sold at or above $20.00 will be charged a commission of 20% including payment processing fees. Business users will be charged at a special commission rate per agreement.

We may change our aforementioned fees or fees for our services from time to time. Fees may be added, discontinued, or changed at any time without prior notice. Furthermore, we may choose to temporarily change our Fees Policy and the fees for our services for promotional events and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. Buyers are responsible for paying all shipping costs and all applicable sales, excite, import, export, VAT and other taxes with the purchase and sale of any items through the Site. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.

Payment Processing

If you wish to make purchases through the Site or an External Site (as defined below), you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including PayPal, credit card, debit card, or other payment mechanism information. You agree not to hold Swaggle liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.

Return Policy

All sales are final on Swaggle. This means a buyer cannot return an item they purchased on Swaggle if the item simply does not fit or they no longer want the item - as long as the seller accurately described the item in the listing. However, a buyer may open a case with us if they don't receive their item or the item they receive is not as described within the listing. If the buyer receives an item that is not as described within the listing, is sent the wrong item, or the item is in some other way not as described, the buyer can report their problem to us within 3 days of delivery and send an email to [email protected]. When a case is opened, the buyer is asked to upload photos and offer details of the issue. If the return is verified, we assist the buyer in returning the item to the seller and offer them a full refund.

To avoid a problem with a sale, we advise sellers to be as descriptive and detailed as possible when creating listings. We encourage buyers to review the listing photos, description and item condition, and if you have any questions, please ask the seller for additional details, measurements or photos.

Shipping and delivery

If you are a seller, you agree to ship your item within your designated handling time for your listed item. We advise seller to keep in mind of shipping cost when posting an item for sale. Seller will be responsible to deliver the item as agreed with the buyer. Swaggle is not responsible for delivery. You can coordinate with buyer via SwagMail. We recommend that you provide tracking information to the buyer once you have shipped the item. You agree a reasonable period for handling and shipping is 3-7 days. Failure to do so is in violation of Swaggle’s policy and can result in your account being suspended. Items lost or damaged in transit are the sole responsibility of the shipping member. Swaggle is not responsible for any item that is shipped by a member and is lost or damaged in the shipping process. Shipping costs for sale items purchased are the responsibility of the buyer. You are responsible for updating your shipping tracking number in your account and informing your buyer.

If you are a buyer, you are responsible for paying all shipping costs to Swaggle, which will be retained by Swaggle, and all applicable sales, excise, import, export, VAT, and other taxes or duties associated with the purchase and sale of any items through the Service. All such shipping costs and taxes are not included in the listed price for any items made available from sellers through the Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes in connection to the sale of any items.

Privacy and protection of personal data

The details you give us are essential for the processing, delivery and billing of your orders; therefore failure to provide these details will result in the cancellation of your order.

You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to Swaggle to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.

Intellectual ownership

All the content on the Site (including but not limited to illustrations, texts, names, brand names, images and videos) is the property of Swaggle or its licensor. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by Swaggle. All information, content and files is protected by applicable laws concerning intellectual ownership and copyright.

Swaggle will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the Site.

Mobile Service

When you access the Site and Service through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing or using certain mobile services may be prohibited or restricted by your carrier and not all mobile services may work with all carries or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or services provider. If you opt in to be notified via text messages, your wireless services fees and standard charges may apply.

To enhance your experience, you authorize Swaggle access to your photos to do things such as list an item from your photo album. You also authorize access to your contact list and calendar to enhance use of the Services. If you authorize on your mobile device, Swaggle may access your Geo-location data to provide you a customized service.

User Content

The Site may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on the Site, you hereby grant Swaggle an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from Swaggle in connection with Swaggle’s exercise of its license rights in and to the User Content you have posted on or submitted to the Site. By posting or submitting the User Content on the Site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

Links to Third Party Sites and Social Media

The Site may contain links to other third-party websites, including social media platforms, such as Facebook, Twitter, or Instagram (all links to third-party websites and social media platforms are collectively referred to herein as "External Sites"). External Sites are provided only for your convenience. Swaggle has no control over the External Sites, all of which have separate privacy and data collection practices, independent of Swaggle. If you decide to visit any External Site, you do so at your own risk. Swaggle has no responsibility or liability for any External Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from an External Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Site.

Waiver and Severability

Any failure of Swaggle to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitutes the entire agreement between you and Swaggle and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Disclaimers

Swaggle makes no warranties or representations about the accuracy or completeness of the Site’s content or the content of any External Sites. Swaggle does not filter advertisements or other content that children may view through the Site or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

The site any content, products or services provided via the site, including links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Swaggle disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Awaggle does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components. Swaggle does not make any warranties or representations regarding the use of the materials in or on the site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. As a condition of your use of the site, you warrant to Swaggle that you will not use the site for any purpose that is unlawful or prohibited by these terms.

Limitation of Liability

In no event shall Swaggle, or any of its officers, directors, employees, agents, suppliers, licensors or third party partners, be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Swaggle has been previously advised of the possibility of such damages, whether in an action under contract, tort, or any other theory arising out of or in connection with any unavailability or nonperformance of the site, errors, omissions, viruses and malicious code. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall Swaggle’s liability for damages arising out of or relating to your use of the site exceed ten dollars.

Feedback & Comments

Swaggle has the right, but not the obligation, to screen and/or moderate any opinions or comments left on the Site by users of the Site. Swaggle reserves the right, in its sole and absolute discretion, to refuse or modify any such opinions or comments.