TERMS OF USE


This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully.

These terms of use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

By placing an order for products from this website, you accept and are bound by these terms of use.

You may not order or obtain products from this website if you (a) do not agree to these terms of use, (b) are not the older of (I) at least 18 years of age or (ii) legal age to form a binding contract with swapaholic pte. Ltd., or (c) are prohibited from accessing or using this website or any of this website’s contents or goods by applicable law.

We may change these policies from time to time. If we make significant changes in the way we treat your personal information, or to the Privacy Policy, we will make that clear on the Swapaholic Website or Services, or by some other means such as email, so that you are able to review the changes before you continue to use Swapaholic.

PRIVACY POLICY


By using this Website, you consent to the processing described therein and you warrant that all data provided by you is accurate and up to date. You are responsible for maintaining and promptly updating account information for accuracy and completeness.

At Swapaholic Private Limited ("Swapaholic"), we are committed to protecting the privacy and security of our customers and site visitors, including you. Our team members are customers themselves, both of Swapaholic as well as other Internet websites. We therefore fully appreciate and respect the importance of data privacy and security on the Internet.

WE WILL NOT Sell your information without your consent: We will not sell your personally identifiable information – including your name, address, e-mail address, or credit card information - to any third party. We believe this is absolutely essential to receive and repay your trust in us.

WE WILL NOT Share your information with third-party advertiser or ad networks: We do not currently display third party adverts on our website and, even if we did, we would not support sharing your personally identifiable information with any third-party advertiser or ad network.

PROHIBITION


You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Swapaholic will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

The use of automated systems or software to extract data from this Website for commercial purposes, ('screen scraping') is prohibited without license.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT


The intellectual property rights in all software and content made available to you on or through this Website remains the property of Swapaholic or its licensors and are protected by copyright laws. All such rights are reserved by Swapaholic and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Swapaholic or its licensors. Swapaholic™ are trade marks belonging to Swapaholic. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Swapaholic.

REGISTRATION


Swapaholic reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.

SUBMISSION OF MATERIAL


For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Swapaholic (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Swapaholic may also share your contribution with trusted third parties.

This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that Swapaholic is not obliged to publish any material submitted by you on any Swapaholic publication.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.

We always appreciate your feedback or other suggestions about Swapaholic, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

By submitting any material to us, you agree to use the Swapaholic Community Areas in accordance with the Community Guidelines and these Terms and Conditions.

If you do not want to grant Swapaholic the permission set out above on these terms, please do not submit or share your contribution on the Community Areas.

The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Swapaholic. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.

OUR CONTRACT


Swapaholic is a facilitator and curator of clothing and accessory swaps.

  • i. Swapaholic’s processes endeavour to ensure customers comply to quality check guidelines. Having said this, Swapaholic bears no liability for items received which may not have been to a customers satisfaction.
  • ii. The Company bears no liability for defects or hygiene concerns with items received or swapped.
  • iii. Customers are responsible for both, items they have given ( dropped off ) to the swap, as well as items they have chosen to receive ( swap ) at the event.
  • iv. All events will be photographed and filmed. Registering for an event means providing consent for Swapaholic to use photographs and footage of a customer attending an event. Should a customer have an issue with any particular photograph/footage, please do write to hello@swapaholic.com and Swapaholic team will do our best to ensure the request is respected.
  • v. Swapling points are allocated to items at the discretion of Swapaholic’s team. Customers are welcome to voice their opinions but Swapaholic is under no obligation to adhere to these opinions.
  • vi. Swapling point values are subject to change at the discretion of Swapaholic’s management. Customer’s will not be compensated for losses, nor will they be expected to return any profits that this situation might bring upon their accounts.

PROMO CODES


From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the Swapaholic Website.

Each Promo Code will be subject to specific terms & conditions specified at the time the promo code is issued (including the length of time to use the code) in addition to those mentioned in these Only one promo code can be used against an order at any one time.

A promo code can't be applied to an order after that order has been placed.

If the promo code has expired, you won’t be able use it.

We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.

If a promo code is offered on the Swapaholic Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.

Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own Swapaholic account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on Swapaholic. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your Swapaholic account without letting you know beforehand. We reserve the right to amend these terms and conditions at any time.

DISCLAIMER OF LIABILITY


The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Swapaholic and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Swapaholic's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

LINKING TO THIS WEBSITE


You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Swapaholic and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Swapaholic.

INDEMNITY


You agree to indemnify, defend and hold harmless Swapaholic, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (collectively, “Losses”) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services (including, the Program) and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

VARIATION


Swapaholic shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

INVALIDITY


If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

COMPLAINTS


If you have a complaint about Swapaholic, please contact our Customer Care Team here: hello@swapaholic.com

WAIVER


If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW AND JURISDICTION


These terms and conditions are to be construed in accordance with the laws of Singapore and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Singaporean courts.

ENTIRE AGREEMENT


The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Swapaholic. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Swapaholic.

ETHICAL OPERATIONS POLICY


As a reputable and trusted business committed to offering its customers high quality products, Swapaholic recognises its obligation to ensure that suppliers & vendors are operating ethically.

We expect our suppliers & vendors to consistently provide an environment which protects their employees' health and safety and basic human rights.

All suppliers & vendors are expected to comply with their national employment laws and regulations with particular regard to:

  • • Minimum age of employment
  • • Freely chosen employment
  • • Health and safety
  • • Freedom of association and the right to collective bargaining
  • • No discrimination
  • • No harsh or inhumane treatment
  • • Working hours
  • • Rates of pay
  • • Terms of employment

Swapaholic will never knowingly associate with parties which are in breach of the above principles. We also look to our suppliers & vendors to instil these principles when dealing with their own supplier base.

Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Swapaholic continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

LOST OR STOLEN PROPERTY


We do not allow the exchange of stolen property through the Program because it violates state, federal, and international law. We also strongly support efforts by law enforcement to investigate attempts to sell stolen property through the Program.

We may withhold or delay, or refuse to process any transaction that we, in our sole discretion, deem fraudulent, suspicious, in violation of these Rules, or believe will impose liability on us, our subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. If we suspect any illegal activity, we will proactively notify relevant law enforcement agencies and assist in any resulting investigation or prosecution.

PRICES AND PAYMENT TERMS


All prices posted on this Website are subject to change without notice. The price charged for our services will be the price in effect at the time the order is placed and will be included in your order confirmation e-mail. Price increases will only apply to orders placed after such changes.

SWAPLING POINTS


The value of the Swapling Points are generated by Swapaholic’s proprietary software. These values are subject to change with no notice. The value of the points are provided at the discretion of Swapaholic and cannot be contested. Before a customer’s points are updated onto their account, their consent is required. If customer does not agree, will have to bear the cost of return shipping for their items.

RETURNS AND REFUNDS


All items received on a particular are non returnable. Items received can be swapped at subsequent events provided they pass the quality check. Swapaholic does not assues that an item received will pass quality check, even if it has been received from a previous swap. You are responsible for all items you choose to swap.

GOODS NOT FOR RESALE OR EXPORT


You agree to comply with all applicable laws and regulations of the various states and of the Singapore including all Export Regulations, as defined below. You represent and warrant that you are buying products from the Website for your own personal or household use only, and not for resale or export. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

DISCLAIMER OF WARRANTIES


We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

The company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.