Terms and Conditions

This page spells out terms and conditions for use of information and benefits provided by CarSwapper Australian site.

By accessing CarSwapper website and information it provides, you signify that you have read, agreed with, accepted all of and agreed to be bound by the terms and conditions described here, as applicable to the extent of your use of services and information provided by CarSwapper to general public.

By applying for registration and becoming a registered member of CarSwapper, you signify that you have read, agreed with, accepted all of and agreed to be bound by the terms and conditions described here, as applicable to the extent of your use of services and information provided by CarSwapper to registered members.

Membership Registration.

While some information is provided by CarSwapper to general public, additional information and benefits are only available to registered members.

Any person over 18 years of age may apply and become a registered member by completing a new member registration form. Once the membership account is activated, it is not transferable and can not be used by anyone other than person who performed th registration.

If the member is found violating these terms and conditions or exercising unethical or inappropriate conduct, the membership may be suspended, terminated or restricted at any time. If the membership is terminated under such circumstances, the offender is prohibited from registering with CarSwapper again.

A member can voluntarily terminate his/her membership by contacting CarSwapper administration via “Contact Us” page.

Privacy Statement

The privacy of information collected during member registration process and use of CarSwapper by registered members and general public is managed by our Privacy Statement which is accessible from any page of CarSwapper website.

Change of Terms and Conditions

CarSwapper reserves the right do amend or change these Terms and conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. All members actively registered with CarSwapper at the time of the change will be notified of pending changes at least 7 calendar days prior to the change enforcement. The notification will be issued to the email address registered by member with CarSwapper and will include reference to changed terms and conditions as well as a full copy of updated terms and conditions document.

Fees

Membership on CarSwapper is free and is not subject to any fees.

Cars and Needs

Your car is the car that you own and wish to advertise with CarSwapper with intent to swap this car for another car that meets your needs if your negotiations with the owner of this another car are successful. CarSwapper collects and maintains database of the cars that visitors to the site advertise and matches this information to interactive car searches and new need advertisements to help the site visitors find matching cars.

Your needs are a set of requirements to the car you would consider getting by means of car swap, such as make, model, year, color, options etc. CarSwapper collects and maintains database of the needs that visitors to the site advertise and matches this information to interactive car searches and new need advertisements to help the site visitors find matching cars.

Services for general public

CarSwapper will provide the following services to general public:

Access to cars and needs database

CarSwapper will provide general public with access to the database of cars and needs which are advertised on CarSwapper, including all associated information but excluding contact information.

Access to car swap meet information

CarSwapper will provide general public with access to the details of places, dates and other information as becomes available to CarSwapper about regular or one-off car swap meet evenets.

Capability to advertise a car or a need

CarSwapper will provide general public with capability to advertise the car they offer for swap

CarSwapper will provide general public with capability to advertise a need they would like to match and swap for the car that matches their needs.

Services for registered members

CarSwapper will provide the following services to its members, above and beyond those available to general public:

Contact mediation

CarSwapper will provide registered members with capability to request CarSwapper to contact another visitor of CarSwapper website for the purposes of negotiating a car swap. CarSwapper will facilitate this request by forwarding it to the other visitor together with your contact information. Should the other visitor be willing to begin communication, he would respond to your request.

CarSwapper will not encourage or be responsible for further communication between visitors

Match Alerts

CarSwapper will offer registered members to send them alert emails if a new car is advertised on CarSwapper that matches their advertised needs or a new need is advertised that matches their advertised car

Business transactions

CarSwapper does not participate in the business transaction between registered members or general public, whether initiated with the help of CarSwapper website or by any other means. CarSwapper explicitly disclaims all liability for any loss or damage (actual, special, direct, indirect 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 your transaction, including involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with the parties to the car swap transaction or car swap negotiation.

Due to the nature of Internet, CarSwapper does not confirm identity of the registered members or general public submitting their advertisements. CarSwapper encourages both registered members and general public to undertake basic verification steps before proceeding with transaction, for example:

• Check all the registration and legal paperwork
• Verify the other party address and contact details
• Verify car details with appropriate state road and traffic authorities

Fraud

Any car or need advertisement which is reported as fraudulent will be suspended from advertisement for further investigation.

Membership of any registered member who is reported as by any means performing fraudulent activities will be suspended until matter is investigated and terminated if report is confirmed.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, CarSwapper:

• excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the CarSwapper’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised CarSwapper of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

Log Files

We use IP addresses to analyse trends and administer the site. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites CarSwapper website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Communication

Any communication in relation to operation of this site may be directed to CarSwapper administration via:

• Web enquiry from Contact Us page
• Email to admin@CarSwapper
• Post to

CarSwapper administration

PO Box 2879

Carlingford NSW 2118

Australia

Force Majeure

CarSwapper shall not be liable to any other party for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. CarSwapper, if affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of New South Wales, Australia, govern these terms and conditions. By accessing this website and using our services you consent to these terms and conditions and to the exclusive jurisdiction of the New South Wales courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of CarSwapper to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of CarSwapper.