ACCEPTANCE OF TERMS AND CONDITIONS
Please read these Terms and conditions ("Terms") carefully before accessing or using this website ("Site"). By accessing or using the Site, you agree to be bound, without limitation or qualification, by the Terms. If you do not accept any of the following Terms stated here, do not use the site. Swaprock.com.au may, in its sole discretion, modify or revise these terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the terms. In addition, your use of the site is subject to the additional disclaimers and caveats that may appear throughout the site.
Eligibility
Membership is open to anyone living in Australia. Members must use credit card to make payments on the site. This is used as the method of payment and also to prevent fraudulent accounts.
By accepting the terms and conditions of this Agreement, Member represents, warrants and covenants that
(a) Member is 18 years old or older or has been signed up by an adult.
(b) Member or adult signing up for a member under the age of 18 years old, is capable of entering into a legally binding agreement.
Breach of Copyright
Swaprock.com.au is to be used solely for the trading of legal, licensed media. By using this site you agree that all DVDs, CDs, video games and books (‘items’) in your inventory, made available at this site are the original items and do not, in any way, infringe upon the copyright, trademark or other rights of third parties. Doing so deprives artists of their rightful income and is ILLEGAL. Any members trading illegal, bootleg or burned items will be fined a $50.00 infringement fee, and may have their account suspended or cancelled, with no refund of credit or monies. This may be done by the administrator with no prior notice given and rights of appeal by the member will be decided by the site administrator. The administrator may also disclose your personal information to the relevant authorities, if requested for means of prosecution. BREACH OF COPYRIGHT WILL NOT BE TOLERATED.
Product considered Adult content, or of a pornographic nature is NOT to be listed on Swaprock.
Security and Identification
We use multiple techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, Swaprock.com.au cannot and does not guarantee each user's purported identity.
Payment
Credit card is currently the only payment option on Swaprock.
All transaction/payment amounts quoted on the site are in Australian dollars.(AUD)
Swaprock.com.au uses Secured Sockets Layer (SSL) with a level of 128mb or greater and card details are encrypted for storage.
Members can choose to save their credit card details in their member profile on our secure server. The 3 digit CVN number will still need to be entered at each transaction as this is not stored for security reasons.
Members that choose not to save their credit card details on our secure server will be required to enter their card details for each transaction.
TRADES AND OFFERS
As a member of Swaprock.com.au, you are obligated to complete all trades/transactions that are properly initiated and/or accepted by you.
Listing Description
You must hold title and have the legal right to trade the item(s) you list for trade on our site at the time such item is listed on the site. You hereby agree to accurately describe your item using the Swaprock.com.au database. All items listed for trade must be listed in the appropriate category.
Listing items/Senders and Requesters
By accepting or presenting a trade offer through Swaprock.com.au by another member you are, by description, the sender or requester.
As sender, you must send any item you present for trade once it is requested. By requesting or presenting an item for trade, you enter into a contract with each other that cannot be cancelled (except when ‘non-shipment’ occurs, see below) and is bound by these terms and conditions.
Furthermore, you certify that you have full transferable rights and license to the item or items you are offering, and upon completing the transaction, you will surrender all rights and license to aforementioned item to your fellow trader.
Sender/Shipping
The sender is to send the requested item as soon as possible, and in no longer than 7 days. The sender is responsible for all shipping costs. The sender is also responsible for packaging the item sufficiently so as not to have the item damaged in transit. If the item is damaged and the requester files a dispute, the sender may forfeit the earned point(s).
The sender is to mark the item as sent as soon as the item is sent. Credits will be received as soon as the requesting party marks the item as received (groupie status) and leaves positive feedback. Senders will then be given an opportunity to respond if they choose.
Requester
The requester is to mark the item as received once the item arrives and then leave feedback for the sender. As the sender only receives credits once this is completed (in ‘groupie’ status), this is to be done as a matter of urgency. Remember that the sender leaves you feed back also!
If the item does not arrive within 14 days, the request transaction may be cancelled. This will result in the requester receiving a refund of points and transaction fee and the listing member incurring a ‘non-shipment fee’ (see below).
Feedback
Feedback is designed as a tool for all members to use and we strongly recommend reading a member’s feedback reviews before requesting items from them. Members are required to complete feedback for the other party when the transaction is completed and item(s) have been received. This not only helps all members with trades, it boosts the sender’s trade points when positive feedback is logged by the receiver. Boosting trade points helps you gain higher status (See Status below).
Disputes
As with any transaction involving used merchandise between parties, there are risks involved in trading items through Swaprock.com.au.
If you at any time have an issue with another member or their items, you may contact us via the ‘contact us’ link and we will attempt to assist you with your issue.
Whilst we regret any inconvenience or unsatisfactory trade experience, Swaprock.com.au cannot, and will not, be held responsible for trading outcomes and makes no implied warranty, guarantee or promises.
Because we act only as a venue, in the event that you have a dispute with other users, you release Swaprock.com.au (and the officers, directors, shareholders, affiliates, agents, subsidiaries, joint ventures and employees Swaprock pty. ltd.) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Refund policy
Swaprock will happily refund your $1 transaction fee if the item you requested is not shipped within the 14 day time limit (see 'Non-shipment/Incorrect description fee').
After this period a "cancel" button will appear next to the item on the "My Swaps" page. Simply click this button and your $1 transaction fee will be refunded along with the swap credit points you spent on the item. No problems!!
Swaprock will also happily refund your $1 transaction fee if the item you receive is a pirated or non-original copy. If this happens, contact us and let us know the details of the transaction. We will ask you to send the item to us, then we will reimburse you for postage and refund the transaction fee along with any points you spent on the item.
Swaprock will NOT refund any fees or swap credits if you simply change your mind after making a request.
Swaprock will treat false claims extremely seriously and may deduct swap credits and/or suspend or cancel member accounts if false claims are made.
Non-shipment/incorrect description fee
This fee is to protect our members from false listings, excessively slow or non-shipment, and incorrect condition descriptions.
Members hereby agree to a non-shipment fee of up to $5.00 if items are not marked as posted within 7 days, and, or not received by the requesting member within 14 days; or if the items received are in a differing condition to those described it the ‘condition’ section of the original posting. This fee may be charged to the offending member’s account without prior notice. An e-mail will be sent within 14 days to the offending member, notifying them of the fee that was charged and reason for fee.
If the member feels they have been charged unjustly, the member has 30 days in which to explain their actions and request a reversal the fee, and may do so by contacting the administrator via the ‘contact us’ link available on the site. Requesting a reversal of the fee does not guarantee a refund of the fee and the administrator’s decision is final.
Multiple non-shipments may result in cancellation of the members account without refund of credits or monies.
Vacation mode
When vacation mode is selected, the member’s entire inventory list will be suspended from trade until the mode is turned off by that member. This prevents people from incurring non-shipment fees whilst away for extended periods. No transactions can be performed whilst vacation mode is on. It is the sole responsibility of the member to turn this mode on and off.
Fraud or illegal activities
Without limiting any other remedies, Swaprock.com.au may unilaterally elect to suspend or terminate your account if we reasonably suspect that you have engaged in fraudulent or illegal activity in connection with our site.
Breach
Without limiting other remedies, we may immediately remove your item listings, warn our community of your actions, issue a warning, remove trade points, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
No Warranty
WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR WILLFULL MISCONDUCT).
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, shareholders, agents, and employees, harmless from any and all actions, causes of actions, losses, fines, claims, demands, or other costs including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
By agreeing to the terms of this site you agree to be bound by the statements dictated to you via this terms of use document .