Terms of use

These are the conditions of Swapsee website

1. Definitions

For the purpose of these General Terms and Conditions this article defines the meaning of the following terms and expressions:

  1. Swapsee: the company incorporated under the laws of Spain, Planet Swapsee, S.L
  2. General Conditions: these general terms and conditions
  3. Website: the website located at the domain … and/or any other website owned or administered by Planet Swapsee, S.L. and located at a Spanish domain, including the tools provided on that website
  4. User: a person registered as a member of the Website
  5. Poster: a User that posts an advertisement for a Job or a Skill to all or some Users or to one specific User
  6. Job: any service, regardless its juridical nature, requested by a Poster and/or subject of a User Contract
  7. Skill: any skill or service, regardless its juridical nature, offered by a Poster and/or subject of a User Contract
  8. User Contract: A contract entered into by Users regarding one or various Jobs
  9. Swap: the payment of a Job by delivering another Job in return

2. General Stipulations

  1. Swapsee is domiciled at C/Josep Irla 13 (08870) Sitges, Barcelona, Spain. Swapsee is registered at the trade register of Barcelona, Book 43299, Binder 102, Section 8, Page 423723, first inscription, and is holder of Tax Identification Number (C.I.F.) B65848525.
  2. The General Conditions apply whenever a User makes use of the Website and they apply to the complete legal relationship between Swapsee and Users, including all services delivered by Swapsee to a User and their payment by the User to Swapsee.
  3. Users have accepted these General Terms and Condition upon clicking the submit button during the registration process.
  4. If any clause of the General Conditions is declared null and void or invalid by court sentence, this shall not affect the validity and enforceability of those clauses not affected by said declaration of nullity or invalidity.

3. Use of the website

  1. The User is not allowed to violate any laws, third party rights or the General Conditions, whether by posting Jobs, making offers, enter into User Contracts or in any other way using the Website. The User is obliged to fulfill any tax obligation and any other obligation towards government authorities arising from the use of this website and the entering into User Agreements.
  2. The User is not allowed to use the Website when he or she is not able to form legally binding contracts.
  3. The User is not allowed to circumvent or manipulate the fee structure or the billing process of Swapsee. The User is not allowed to transfer his Swapsee account to another party.
  4. The User is not allowed to post false, inaccurate, misleading, defamatory, or libelous content;
  5. The User is not allowed to distribute viruses or any other technologies that may harm Swapsee, the Website , or the interests or property of other Users; to harvest or otherwise collect information about Users, including email addresses, without their consent or to distribute or post spam, unsolicited or bulk electronic communications apart from the Posting of offers by way of filling out the appropriate forms.
  6. The User is not allowed to copy, modify, or distribute rights or content from the Website.

4. Jobs and Skills: User Contracts

  1. User Contracts are entered into by Users and have as subject the rendering of a certain Job in exchange for money or a Job in return (Swap).
  2. In case a price in money is agreed, the User Contract is materialized by:
    1. the posting of a Job by a User to all or some Users or to one specific User,
    2. a consequent offer in money regarding that Job by another User and
    3. the consequent acceptance of this offer by the Poster.
  3. In case a Swap is agreed, the User Contract is materialized by:
    1. the posting of a Job by a User to all or some Users or to one specific User,
    2. a consequent offer regarding that Job and the proposal of a Job in return by another User,
    3. the acceptance of the proposed Job or Skill in return by the original poster
    4. As long as an offer has not been accepted, a User is allowed to modify its original post. Modifying a post renders earlier offers regarding that post invalid.
    5. Once the Job(s) subject of the User Contract is/are performed, the Performer(s) send a message of completion to the other Party. If a price in money is agreed upon payment takes place within 10 days after the message of completion has been sent.
    6. Upon completion, Parties will post an accurate review of the Job on the website.

5. Subscription and Payment

  1. Users pay Swapsee for using the website at a certain moment during the posting and allocation process. Prices may vary and details are available on the website. These prices and details can be changed with a month's notice.
  2. Users also pay Swapsee to place their jobs and skills in a special promotional section of the website. Prices may vary and details are available on the website. These prices and details can be changed with a month's notice.
  3. Swapsee might offer Users different account types. Prices may vary and details are available on the website. These prices and details can be changed with a month's notice.

6. Conflicts regarding Users

  1. In case a conflict arises between Users, both Users can report the issue to Swapsee. Upon request by both or either User, Swapsee will mediate between Users and offer the solution to the conflict it deems appropriate. Neither the mediation nor the proposed solution is in any way binding to parties and does not prevent Users from taking any other legal action they deem fit.

7. Suspension of Users, deleting of messages

  1. Swapsee has the right in its sole discretion to suspend a User, temporarily of indefinitely, to limit, suspend, or terminate services and User accounts, to prohibit access to the Website, to delay or remove hosted content, and to take technical and legal steps to keep a User from using the website in case it considers that this User has violated the General Conditions or in any way does not comply with its contractual obligations towards Swapsee or other Users.

8. Liability

  1. Swapsee is not responsible for the contents of the messages posted by Users on this website, the (non)fulfillment of User Contracts, the damages caused by default of the obligations arising from the User Contracts or the (non)fulfillment of tax or any other legal obligations by its Users.
  2. Swapsee waives liability for damages as a consequence of the use of the Website, delays or disruptions in the Website and Viruses or other malicious software obtained by accessing the website. 
  3. Users shale indemnify and hold Swapsee harmless from all claims, costs, proceedings, demands, losses, expenses and liabilities resulting from the contents of the messages they have posted on the website, defaulting in their contractual obligations or the non-fulfillment of their tax or any other legal obligations.

9. Jurisdiction and Applicable law

  1. All disputes between Swapsee and Users shall be settled only by the courts of Barcelona, Spain. Users hereby expressly submit to its competence and jurisdiction, excluding the compentence of any other court.
  2. The use of this website and any contract constituted between Swapsee and Users and any contract between Users constituted by making use of the Website are governed by Spanish Law.

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