Terms of Use

eSwoop Terms of Use

Introduction

Welcome to eSwoop. By accessing www.eswoop.co.uk and its related websites, services, applications or tools (Collectively referred to as "eSwoop") you are agreeing to the following terms, including those available by hyperlink, which are designed to make sure that eSwoop works for everyone. eSwoop is provided to you by eswoop.co.uk, 8 Ferguson Drive, Denny, United Kingdom, FK6 5AE,  in Scotland. These Terms of Use constitute a legally binding agreement between you and eswoop.com Limited and are effective as of 1st November 2013 for current users, and upon acceptance for new users. You accept these Terms of Use by clicking the "Create Account" button when registering a eSwoop account and by otherwise accessing or using the eSwoop websites, services, applications and tools; or as otherwise indicated on a specific site, service, application or tool.

Using eSwoop

As a condition of your use of Gumtree (including Gumtree.com and its related websites, services, applications and tools) you agree that you will not:

  • violate any laws;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • post or otherwise communicate any false or misleading material or message of any kind;
  • infringe any third-party right;
  • distribute spam, chain letters, or promote pyramid schemes;
  • distribute viruses or any other technologies that may harm eSwoop or the interests or property of eSwoop users;
  • impose or contribute to imposing an unreasonable load on our infrastructure or interfere with the proper working of eSwoop;
  • copy, modify, or distribute any other person's content without their consent;
  • use any robot spider, scraper or other automated means to access eSwoop and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • copy, modify or distribute rights or content from the eSwoop site, services, applications or to eSwoop;s copyrights;
  • harvest or otherwise collect information about users, including email addresses, without their consent
  • bypass measures used to prevent or restrict access to eSwoop;
  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties.

You are solely responsible for all information that you submit to eSwoop and any consequences that may result from your post. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate or breaching the above terms. We also reserve the right at our discretion to restrict a user's usage of eSwoop either temporarily or permanently, or refuse a user's registration. If we believe that you are breaching these Terms of Use in any way and/or behaving suspiciously on the eSwoop websites, services, applications or tools, we may, at our discretion, inform other eSwoop users that have been in contact with you and recommend that they exercise caution.

Abusing eSwoop

eSwoop and the eSwoop community work together to keep the eSwoop websites, services, applications and tools working properly and the community safe. Please report problems, offensive content and policy breaches to us using the contact us page.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off eSwoop if we think that they are creating problems, infringing the rights of third parties or acting inconsistently with the letter or spirit of our policies (including, without limitation, circumventing temporary or permanent suspensions or harassing the eSwoop employees or other users). However, whether we decide to take any of these steps, remove hosted content or keep a user off eSwoop or not, we do not have any obligation to monitor the information transmitted or stored on our sites, services, applications and tools and we do not accept any liability for unauthorized or unlawful content on eSwoop or use of eSwoop by users.

Global Marketplace

Some of eSwoop's features may display your ad on other sites, services, applications and tools that are part of the global eSwoop community, such as eSwoop Shops or our classifieds sites in other countries. By using eSwoop, you agree that your ads can be displayed on these other sites, services, applications and tools. The terms for our other sites, services, applications and tools are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. When you choose to post your ad on another site, service, application or tool, you may be responsible for ensuring that it does not violate such other site, service, application and tool policies. We may remove your ad if it is reported on any our sites, services, applications or tools, or if we believe it causes problems or violates any law or policy.

Fees and Services

Using eSwoop is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your ad. Our fees are quoted in Pounds Sterling, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the eSwoop website. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service.

You are responsible for paying the eSwoop fees when they're due. If you don't, without prejudice to any other right or remedy we may be entitled to under these Terms of Use or by law, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

You acknowledge that your ads may be deleted from the eSwoop sites, services, applications or tools in case we believe these Terms of Use, including our Posting Rules, are breached, either directly or indirectly. In case you would have paid a fee for the display of such ad, you may be entitled to a refund of such fee. However, we reserve the right not to refund the eSwoop users for any fees paid through use of our sites, services, applications and tools in the following cases:

  • If you breach, in our opinion, these Terms of Use, which include, without limitation, the Posting Rules;
  • If your ads went live with exposure on the eSwoop sites, services, applications or tools, even for a limited time, and that they benefited from the service associated with the paid fee;
  • If your ads are placed in the Pets or Massage categories of eSwoop;
  • If your ads are placed into "edit" mode and will go live to site once updated by you;
  • If you have removed your ads yourself;
  • If you post duplicate ads as defined in our rules regarding duplicate ads;
  • If we believe that your ads are in a significantly wrong category;
  • Please note that the above list is not exhaustive. See the eSwoop Refunds Help Page for more details on the cases in which you may, or may not, be entitled to a refund of such fees.

Content

eSwoop contains content from us, you, and other users. eSwoop is protected by copyright laws and international treaties. Content displayed on or via eSwoop is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from eSwoop without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in eSwoop. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of eSwoop (other than your own content). When you give us content, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now know or to be discovered in the future and on all other sites, services, applications and tools that are part of the global eSwoop community, such as eSwoop Shops or our classifieds sites in other countries. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law.

Infringement

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright, design and trademark (e.g. offering counterfeit items for sale). A large number of products of all sorts are offered on eSwoop by private individuals in the UK. Entitled parties, in particular owners of copyright, trademark rights or other rights can report any advertisement which may infringe on their rights, and submit a request for such advertisement to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by eSwoop.

Reporting an infringement:

In order to participate in the Notice of Infringement Programme, you only need to complete a Notice of Infringement Form and fax it to eSwoop. You can use this form, complete with your signature, to report advertisements which may infringe on your property rights. The information requested in the Notice of Infringement Form is for the purpose of ensuring that the parties reporting these objects are either the entitled party or their officially authorized representative. This information must also enable eSwoop to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to eSwoop via the e-mail address provided.

Note: This form can only be used by the lawful owners of the relevant intellectual property rights. The "Notice of Infringement" is intended to enable rights owners to ensure that products offered by eSwoop users do not infringe their copyright, trademark rights or other intellectual property rights. For all other questions, visitors and advertisers can get help using by contacting us

Liability

Nothing in these terms shall limit our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our agents or employees. You agree not to hold us responsible for things other users post or do.

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on eSwoop comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

You acknowledge that we cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the operation and availability of our sites, services, applications or tools.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of, or inability to use Gumtree, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Pounds Sterling.

Release

If you have a dispute with one or more eSwoop users, you release 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 or unknown, arising out of or in any way connected with such disputes.

Third party rights

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.

Personal Information

By using eSwoop, you agree to the collection, transfer, storage and use of your personal information by eSwoop on servers located in the Netherlands, United States and China as further described in our Privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

Resolution of disputes

If a dispute arises between you and eSwoop, we strongly encourage you to first contact us directly to seek a resolution by going to the eSwoop Help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on eSwoop constitute the entire agreement between eSwoop and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

This Agreement shall be governed and construed in all respects by the laws of Scotland, England and Wales. You agree that any claim or dispute you may have against eSwoop must be resolved by the courts of Scotland, England and Wales. You and eSwoop both agree to submit to the exclusive jurisdiction of the Scottish Courts; for claims falling within the jurisdiction of a Sherifs Court, you and eSwoop both agree to submit to the jurisdiction of the County Court of Falkirk.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to eswoop.co.uk. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next post or 30 days after we post the updated policy on the eSwoop website, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us.

For any help with using eSwoop please see the eSwoop Help page.